264 results for 'court:"Pennsylvania Superior Court"'.
J. Sullivan finds the lower court properly convicted defendant of six counts of retail theft for allegedly stealing housewares and other items from a Macy’s store on several occasions, and was sentenced to three to 14 years imprisonment. The lower court also ordered defendant to pay restitution in the amount of $4,568, but did not specify the method in which it was to be repaid. Because of the lack of specificity regarding the restitution, it is vacated and remanded to the lower court for reimposition and clarification. Affirmed in part.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: February 20, 2024, Case #: J-S27043-22 , Categories: Sentencing, Theft, Restitution
J. Olson finds the lower court improperly denied the Commonwealth of Pennsylvania’s (Commonwealth) petition for a writ of certiorari and affirmed a municipal court’s suppression order. A municipal court granted a driver’s motion to suppress the results of a breathalyzer test, as it determined the arresting officer did not have probable cause to arrest defendant for driving under the influence of alcohol. While the arresting officer found defendant’s behavior and crash site evidence sufficient to make an arrest, the first officer on the scene did not agree. On appeal, the Court of Common Pleas of Philadelphia County affirmed the municipal court’s findings and denied the Commonwealth’s petition for a writ of certiorari. The instant court finds that despite the responding officer's conflicting opinions, given the totality of the evidence presented at the scene, the arresting officer had probable cause to arrest. The matter is remanded for further consideration. Vacated.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: February 20, 2024, Case #: J-A28009-23, Categories: Evidence, Dui
J. Olson finds that the lower court improperly granted defendant’s suppression motion in this case involving a traffic stop that found evidence of him possessing marijuana with the intent to deliver. Pennsylvania presented evidence showing neither the defendant nor his codefendant, who was also in the car during the stop, were registered owners of the vehicle, so defendant failed to meet the burden of proving that he had a privacy interest in the vehicle. Vacated.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: February 13, 2024, Case #: J-A28001-23, Categories: Drug Offender, Search, Sentencing
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. Stabile finds that the lower court properly granted summary judgment in favor of State Farm and the defendant automobile driver in this underinsured motorist dispute, stemming from a collision that occurred while the suing driver was behind the wheel of her mother’s vehicle. The plaintiff is not entitled to recover underinsured motorist benefits under her own vehicle policy. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: February 13, 2024, Case #: J-A19028-23, Categories: Civil Procedure, Insurance, Vehicle
J. Stevens finds that the trial court properly ordered genetic testing in order to determine the paternity of a six-year-old child. It is in the child’s best interest to know whether his father is the man who was married to his mother at the time of his birth, or his acting father, who was cohabitating with his mother at the child’s time of birth. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: February 12, 2024, Case #: J-A23031-23, Categories: Civil Procedure, Family Law, Guardianship
J. Panella finds that the lower court properly sentenced defendant for driving under the influence of a controlled substance after being pulled over for a traffic stop and admitting to taking medical marijuana that day. There is no legal support for defendant’s argument that medical marijuana is not a Schedule I controlled substance. Affirmed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: February 9, 2024, Case #: J-S41008-23, Categories: Criminal Procedure, Drug Offender, Dui
J. Bender finds that the lower court improperly sentenced defendant to 45 to 90 days of incarceration for illegally operating a vehicle not equipped with an ignition interlock. Pennsylvania failed to prove that defendant had adequate notice by the Pennsylvania Department of Transportation that he was only to drive vehicles that contained such equipment until he obtained an unrestricted license. Reversed.
Court: Pennsylvania Superior Court, Judge: Bender, Filed On: February 8, 2024, Case #: J-S27003-23, Categories: Criminal Procedure, Sentencing, Vehicle
J. Murray finds that the lower court properly sentenced defendant for receiving a stolen firearm while living in an apartment with her paroled, live-in boyfriend who was not allowed to have firearms at his residence. Because it is reasonably related to her rehabilitation, the record supports a no-contact condition barring her from associating with her boyfriend, since she has been linked to stealing other items to support his crack cocaine habit. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: February 7, 2024, Case #: J-S46025-23, Categories: Firearms, Sentencing, Theft
J. DuBow finds that the lower court improperly transferred the venue of a Walmart contractor’s slip-and-fall case, arising from her falling on a slippery substance at a distribution center, from Philadelphia County to Lehigh County based on forum non conveniens. The court was obligated to cater to the contractor’s choice of forum as Walmart did not prove its witnesses who would allegedly be burdened by having to travel to Philadelphia were key to their defense. Reversed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: February 2, 2024, Case #: J-A26012-23, Categories: Civil Procedure, Tort, Venue
J. Bowes finds that the lower court improperly sentenced defendant to 36-to-72 years in prison for multiple counts of sexually abusing three minor children. The sentence was illegal because the court imposed conditions that only the Pennsylvania Board of Probation and Parole or Department of Corrections had authority to instill. Vacated.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: January 22, 2024, Case #: J-S45004-23, Categories: Sentencing, Sex Offender, Child Victims
J. Stabile finds that the lower court improperly sustained the preliminary objections of an ex-wife and dismissed a husband’s complaint with prejudice concerning the division of their property. The suit was dismissed on the ground that the husband must “hold title” to the property in question to proceed but that legal determination was erroneous. Vacated.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: January 18, 2024, Case #: J-A19023-23, Categories: Civil Procedure, Family Law, Property
J. Stabile finds that the lower court properly awarded monetary damages to two former executives of a design firm in this employment contract dispute in which they allege they were promised and then not awarded partnership equity in the company. The trial court did not abuse its discretion in drawing an adverse inference against the company’s founder. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: January 16, 2024, Case #: J-A19017-23, Categories: Employment, Damages, Contract
J. DuBow finds that the lower court properly sustained the preliminary objections of an estate administrator to the venue of this wrongful death suit filed against a car seat manufacturer, whose car seat the administrator’s infant daughter died of asphyxiation in while sleeping. The manufacturer’s absence of any physical presence in Philadelphia for business activity supports the court’s transfer of this case to Bucks County. Affirmed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: January 12, 2024, Case #: J-A24020-23, Categories: Product Liability, Wrongful Death, Venue
J. Colins finds that the lower court improperly awarded an $88,750 judgment entered in favor of an insured religious organization in this breach of contract and bad faith case against its insurance company arising from a computer hacking incident. The insurance company was entitled to judgment on both claims, as the loss in question did not exceed the relevant policy deductible. Vacated.
Court: Pennsylvania Superior Court, Judge: Colins, Filed On: January 9, 2024, Case #: J-A25032-23, Categories: Civil Procedure, Insurance, Contract