264 results for 'court:"Pennsylvania Superior Court"'.
J. Stabile finds that the lower court properly sentenced defendant to 15 to 30 years in prison for raping and sexually assaulting his two minor daughters. The court’s admission of one of the daughter’s out-of-court statements about how defendant bribed her sister to undress in a basement was appropriate. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: May 13, 2024, Case #: J-S06013-23, Categories: Evidence, Sentencing, Sex Offender
J. Bowes finds that the lower court properly denied defendant’s petition to expunge his involuntary mental health commitment via the Mental Health Procedures Act. Defendant’s commitment was done in strict accordance with the Act after a sergeant dispatched to his house found that he hadn’t slept in three days, had barricaded children in a bedroom closet, and was incapable of maintaining household cleanliness. Affirmed.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: May 13, 2024, Case #: J-A29003-23, Categories: Civil Procedure, Commitment
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. Beck finds that the lower court improperly sentenced defendant following his guilty plea to driving under the influence of alcohol. His DUI conviction should not be treated as his third offense in 10 years for sentencing purposes based on his prior conviction in Ohio, for physical control of a vehicle while under the influence, that was improperly classified as substantially similar to Pennsylvania’s offense of a DUI. Vacated.
Court: Pennsylvania Superior Court, Judge: Beck, Filed On: May 9, 2024, Case #: J-A06036-24, Categories: Criminal Procedure, Sentencing, Dui
J. Beck finds that the lower court improperly denied defendant’s first petition filed pursuant to the Post Conviction Relief Act alleging his trial counsel was ineffective for failing to call character witnesses in his support in a domestic violence suit over his beating of his pregnant wife. The counsel’s failure to call character witnesses undermined defendant’s ability to instill reasonable doubt in the jury’s minds. Reversed.
Court: Pennsylvania Superior Court, Judge: Beck, Filed On: May 8, 2024, Case #: J-S03044-24, Categories: Ineffective Assistance, Jury, Sentencing
J. Stevens finds that the lower court properly sentenced defendant for shooting and killing his neighbor’s two German Shepherd dogs who were on his property, barking at and chasing deer he raised. The deer were fenced, and the dogs were interacting with the deer on the outside of the fence, so the killings were not protected by a legal defense that permits the killing of dogs in the process of killing or wounding other domestic animals. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: May 2, 2024, Case #: J-S08038-24, Categories: Criminal Procedure, Sentencing, Animal Cruelty
J. Panella finds that the lower court properly granted a summary judgment motion filed by an equipment rental and turf farming company against a landscaper. The landscaper failed to properly support its appeal argument that the trial court improperly precluded it from raising defenses of laches and estoppel. Affirmed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: May 1, 2024, Case #: J-A06022-24, Categories: Civil Procedure, Property
J. Panella finds that the lower court improperly granted defendant’s petition for writ of habeas corpus in this case over her assault of a Pennsylvania police officer who detained her because she assaulted him when he opened the door to her home. The police officer’s testimony showed there was probable cause to believe defendant had attempted injure the officer in the performance of his duty. Reversed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: April 26, 2024, Case #: J-S05012-24, Categories: Criminal Procedure, Habeas, Search
J. Stabile finds that the lower court partly improperly sustained the preliminary objections of a mother and CEO of a language services company against her son, the company’s former vice president. The declaratory judgment and minority shareholder oppression causes of action in son’s 2021 complaint are sound in equity and therefore can go forward. Reversed in part.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: April 25, 2024, Case #: J-A24008-23, Categories: Civil Procedure, Property, Business Practices
J. Stabile finds that the trial court improperly granted defendant’s motion to decertify this case charging him with attempting to murder two police officers when he was 16 years old. The decertification order is defective due to the trial court’s failure to consider multiple criteria that it was required to take into account before granting decertification. Vacated.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: April 23, 2024, Case #: J-A24009-23, Categories: Evidence, Murder, Civil Rights
J. Murray finds that the trial court’s improperly sustained preliminary objections filed by a waste company in this employment dispute in which an employee alleges he was fired for using medical marijuana for back pain in violation of the Medical Marijuana Act. The employee has established relief under the Act since he was fired solely on the basis of his use of medical marijuana. Reversed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: April 19, 2024, Case #: J-S08019-24, Categories: Civil Procedure, Employment, Employment Retaliation
J. Olson finds that the trial court properly denied a beauty product manufacturer’s motion for non-suit in this case wherein the daughter of a deceased hairdresser alleges her mother contracted mesothelioma as a result of decades of being exposed to the company’s asbestos-containing beauty products. The manufacturer failed to provide evidence that the asbestos claim lacked merit. Affirmed in part.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: April 10, 2024, Case #: J-A28007-23, Categories: Civil Procedure, Wrongful Death, Asbestos
J. Murray finds that the lower court properly sentenced defendant for driving under the influence and careless driving. The evidence, a police-recorded video of defendant swerving over lines on the road and the fact that his pupils were dilated, sufficed to sentence defendant for a DUI. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: April 10, 2024, Case #: J-S37036-23, Categories: Evidence, Sentencing, Dui