265 results for 'court:"Pennsylvania Superior Court"'.
J. Stabile finds that the lower court properly sentenced defendant to 10 to 20 years’ imprisonment for burglary after reversing a declared mistrial based on the jury’s verdict not being unanimous, according to a poll requested by defendant that was conducted after the jury had been released. Defendant’s right to poll the jury expired upon dispersal of the jury. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: November 29, 2023, Case #: J-A19025-23, Categories: Burglary, Jury, Sentencing
J. Pellegrini finds that the trial court properly order the involuntarily termination of a mother’s parental rights to her three-year-old daughter and changed the child’s permanency goal to adoption. The child, who was born with a rare genetic condition that her biological parents did not have the means to accommodate for, has bonded with her foster parents, who have helped her make great progress. Affirmed.
Court: Pennsylvania Superior Court, Judge: Pellegrini, Filed On: November 28, 2023, Case #: J-S38031-23, Categories: Family Law, Government, Guardianship
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Olson finds that the lower court improperly denied defendant’s petition filed under the Post Conviction Relief Act challenging his attorney’s effectiveness at his trial for beating the head of another man, who had slept with and given heroin to his pregnant girlfriend, with a baseball bat inflicting fatal injuries. Defendant failed to demonstrate that his trial counsel’s actions were unreasonable. Affirmed.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: November 21, 2023, Case #: J-S31011-23, Categories: Ineffective Assistance, Murder, Assault
J. Todd finds that the lower court properly admitted a printed summary of potential gunshot data for a specific location, created by the computerized system “ShotSpotter,” into evidence in defendant's criminal prosecution for an assault where he allegedly fired four shots at a mother and daughter. The admission did not violate defendant's rights under the Confrontation Clause. Affirmed.
Court: Pennsylvania Superior Court, Judge: Todd, Filed On: November 16, 2023, Case #: J-12-2023, Categories: Confrontation, Firearms, Assault
J. Panella finds that the lower court properly convicted defendant for harassment after she anonymously texted the other mothers of cheerleaders on her daughter’s competitive cheerleading squad images of their children, criticizing their behavior. The mother failed to raise whether her trial counsel had properly advised her about testifying on her own behalf before the lower court and thus, cannot do so on appeal. Affirmed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: November 14, 2023, Case #: J-S18007-23, Categories: Criminal Procedure, Sentencing, Harassment
J. Stabile finds that the lower court properly sustained the preliminary objections of a methadone clinic that gave a driver a larger-than-normal dose of methadone prior to his hitting a runner, who suffered fatal injuries. Given the lack of foreseeability of the runner’s death, his estate failed to state a claim against the clinic for public endangerment. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: November 14, 2023, Case #: J-A11004-23, Categories: Civil Procedure, Negligence, Wrongful Death
J. Panella find that the lower court improperly granted the Pennsylvania Board of Probation and Parole’s request to add three conditions to defendant’s probation, which was imposed after he was charged with sexually abusing children. The trial court lacked a legal basis for entering this order modifying defendant’s probation. Vacated.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: November 14, 2023, Case #: J-A14012-23, Categories: Probation, Sentencing, Sex Offender
J. Pellegrini finds that the lower court improperly dismissed the Philadelphia Department of Human Services’ petition for dependency of a minor child after the child was brought to the hospital with “multiple fractures and bruising on her wrist, ribs and elbows that were determined to be non-accidental.” The department presented clear and convincing evidence to support that the child’s parents had caused the injuries. Reversed.
Court: Pennsylvania Superior Court, Judge: Pellegrini, Filed On: November 13, 2023, Case #: J-A19031-23, Categories: Civil Procedure, Evidence, Guardianship
J. Colins finds that the lower court properly sentenced defendant to probation after a jury found him guilty of defiant trespass and the court found him guilty of disorderly conduct; both crimes related to his exhibiting aggressive behavior toward the manager of a smoke shop after being banned from the store. Defendant’s challenge of the trespass charge is moot because the manager asked him to leave the store five to 10 times upon his second entrance after defendant had already been ordered to leave earlier that day; such behavior fits the charge of defiant trespass. Affirmed.
Court: Pennsylvania Superior Court, Judge: Colins, Filed On: November 9, 2023, Case #: J-S35038-23, Categories: Criminal Procedure, Sentencing, Trespass
J. Kunselman finds that the lower court properly entered judgment in favor of an eye doctor in this personal injury suit alleging he blinded a patient’s right eye by improperly injecting fluid into it. The patient failed to establish that the court abused its discretion by barring one of her experts from testifying at the jury trial. Affirmed.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: November 9, 2023, Case #: J-A18034-23, Categories: Tort, Experts, Medical Malpractice
J. Kunselman finds that the lower court improperly sentenced defendant to one year of probation for destroying a line of property survey stakes separating her land from her neighbors’. There is no evidence that the stakes and flags she removed from a shared driveway met the statutory definition of “survey monuments or markers,” which are intended to be permanent, under Pennsylvania law; thus, defendant’s conviction for destruction of a survey monument may not stand. Vacated.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: November 8, 2023, Case #: J-A18041-23, Categories: Trespass, Property Crimes, Property
J. Pellegrini finds that the lower court properly entered judgment against Domino’s after a jury found it vicariously liable for the negligence of a pizza delivery driver for one of its franchises, who collided with a motorcyclist while completing deliveries. The franchise agreement did not give Domino’s day-to-day control over the franchisee, so it is not liable under vicarious liability. Reversed.
Court: Pennsylvania Superior Court, Judge: Pellegrini, Filed On: November 8, 2023, Case #: J-A26040-22, Categories: Tort, Premises Liability, Contract
J. DuBow finds that the lower court properly sentenced defendant to two years of probation for making false reports to school officials that her son was being sexually abused by a Children Youth and Services Agency employee who had never actually met her son. Defendant’s disclosure of the abuse to mandated reporters, who are required by law to make a “childline report” after learning of potential child abuse, is considered a false report. Affirmed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: November 8, 2023, Case #: J-S39012-23, Categories: Constitution, Identification
J. Colins finds that the lower court properly sentenced defendant for possessing crack cocaine with intent to deliver and related charges. Defendant failed to contest that the police officer who pulled defendant over for a traffic stop had reasonable suspicion to search the vehicle after the initial confrontation. Affirmed.
Court: Pennsylvania Superior Court, Judge: Colins, Filed On: November 7, 2023, Case #: J-S29040-23, Categories: Drug Offender, Evidence, Search
J. King finds that the lower court improperly granted the motion to suppress filed by defendant in this case over his unlawful possession of a firearm. The police had reasonable suspicion to pursue defendant when they saw a bulge in his waistband that could be a possible firearm. Reversed.
Court: Pennsylvania Superior Court, Judge: King, Filed On: November 7, 2023, Case #: J-A03035-23, Categories: Evidence, Firearms, Search
J. Murray finds that the lower court improperly issued a permanent injunction against labor union members in this case filed against a newspaper. The trial court violated a timing rule for filing the permanent injunction within the proper time frame, however, the court declines “to create a remedy not contemplated by the text of the rule” and will send the case back to the lower court for relevant consideration. Reversed in part.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: November 6, 2023, Case #: J-A15010-23, Categories: Civil Procedure, Labor / Unions, Labor
J. Murray finds that the lower court properly sentenced defendant for attempting to elude police during a traffic stop and causing a collision shortly after speeding away. The police had probable cause to search defendant’s cellphone, which linked him to the stop and the theft of the vehicle he was driving among other crimes. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: November 3, 2023, Case #: J-A15044-23, Categories: Evidence, Search, Sentencing
J. Olson finds that a lower court improperly entered a non-jury verdict in favor the buyers of a house against its sellers on breach of contract and fraud claims. The buyers failed to provide evidence that their reliance on the sellers’ lack of answers regarding the status of an addition to the home was justified. Vacated in part.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: November 1, 2023, Case #: J-A09028-23, Categories: Property, Real Estate, Contract
J. Lazarus finds that the lower court properly dismissed a homeowner’s claims against a home inspection company she says failed to discover issues with her home’s foundation at the time of inspection. The homeowner’s claims against the company under the Home Inspection Law are time-barred. Affirmed.
Court: Pennsylvania Superior Court, Judge: Lazarus, Filed On: October 30, 2023, Case #: J-A18026-23, Categories: Property, Damages, Contract
J. Stabile finds the lower court properly transferred this personal injury case, revolving around the amputation of a cement worker’s right hand by a cement mixing machine, from Philadelphia County to Butler County. The trial court did not abuse its discretion in granting the transfer since several defendants are based in Butler County. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: October 30, 2023, Case #: J-A19019-23, Categories: Tort, Damages, Venue