264 results for 'court:"Pennsylvania Superior Court"'.
J. Lazarus finds that the lower court did not abuse its discretion in finding a youth services agency displayed a lack of reasonable efforts to remove two minor children from their family home, leading to conditions deteriorating and culminating in the death of the infant sibling. The juvenile court’s decision is supported by competent evidence of record that during the four months the agency was involved with this family, it failed to follow its own policies and failed to adequately assess the family’s needs. Affirmed.
Court: Pennsylvania Superior Court, Judge: Lazarus, Filed On: October 26, 2023, Case #: J-A18030-23, Categories: Civil Procedure, Government, Guardianship
J. Bowes finds that the lower court improperly sentenced defendant pet sitter for to one to 18 months’ imprisonment for stealing a client’s approximately $10,000 haul of silver coins and currency to satisfy her gambling habit. The value of the property taken was never determined, so the sentence for theft by unlawful taking must be graded at its lowest level, a misdemeanor of the third degree, and sentenced as such. Vacated.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: October 24, 2023, Case #: J-S27017-23, Categories: Criminal Procedure, Sentencing, Theft
J. Murray finds that the lower court properly sentenced defendant, who objects to all physical evidence found during a warrantless search conducted prior to his arrest, for carrying a firearm without a license and public drunkenness. Police searched defendant’s person, bag and vehicle prior to his arrest so that defendant could be quickly transported by ambulance to the hospital for treatment due to his heavy intoxication. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: October 24, 2023, Case #: J-S34036-23, Categories: Criminal Procedure, Firearms, Search
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J. Bender finds that the lower court properly entered a pretrial order directing Pennsylvania to provide information as to how the state believes defendant poisoned three- and 16-month-old children with fentanyl in this case where he is charged, respectively, with murder and attempted murder. Defendant’s seeking clarification of Pennsylvania’s allegation of poisoning will allow her to adequately prepare her defense. Affirmed.
Court: Pennsylvania Superior Court, Judge: Bender, Filed On: October 23, 2023, Case #: J-A18010-23, Categories: Drug Offender, Murder, Child Victims
J. Kunselman finds that the lower court improperly sentenced defendant to endure confinement, pay a fine and complete community service for disorderly conduct stemming from her noncompliance with a police officer during a traffic stop. Because the sentence did not include a term of probation, the court did not have the authority to order community service. Vacated.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: October 11, 2023, Case #: J-S32022-23, Categories: Criminal Procedure, Sentencing, Vehicle
[Consolidated.] J. DuBow finds that the lower court abused its discretion in transferring these personal injury cases stemming from UPS and FedEx trucksˆ deadly collision with a passenger bus. The lower court transferred the case from Philadelphia County to the Westmoreland County Court of Common Pleas in order to better accommodate witnesses — but failed first to find that these witnesses possessed testimony relevant to the mail companies’ defenses. Vacated.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: October 11, 2023, Case #: J-A14021-23, Categories: Civil Procedure, Tort, Venue
J. McCaffery finds that the lower court properly denied Pennsylvania permission to refile criminal charges against an inspector in the Philadelphia Police Department for his participation in an alleged reckless assault of another man that occurred while he was off duty. Pennsylvania failed to present sufficient evidence to support a prima facie case of simple assault, conspiracy or reckless endangerment of another person against defendant. Affirmed.
Court: Pennsylvania Superior Court, Judge: McCaffery, Filed On: October 11, 2023, Case #: J-S16036-23, Categories: Evidence, Assault, Conspiracy
J. Nichols finds that the lower courts properly sentenced defendants for driving under the influence in two separate cases that Pennsylvania now raises for appeal, arguing both sentences failed to properly take into account prior offenses. New sentences in these cases would violate the constitutional protections guaranteed to defendants by the double jeopardy clause. Affirmed.
Court: Pennsylvania Superior Court, Judge: Nichols, Filed On: October 10, 2023, Case #: J-S13004-23, Categories: Sentencing, Double Jeopardy, Dui
J. Bowes finds that the lower court properly dismissed a blight-fighting company’s conservatorship action that had been filed pursuant to the Abandoned and Blighted Property Conservatorship Act regarding defendant’s Pittsburgh property. The company could not prove at the time it filed the petition for appointment of a conservator that a mortgage foreclosure action was not pending on the property. Affirmed.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: September 29, 2023, Case #: J-S09018-23, Categories: Civil Procedure, Property, Foreclosure
J. Lazarus finds that that the lower court properly dismissed a family member's petition seeking the return of a certain piece of real estate to the estate of a deceased family member, rather than giving the property to the decedent's son. The court did not abuse its discretion in this determination. Affirmed.
Court: Pennsylvania Superior Court, Judge: Lazarus, Filed On: September 26, 2023, Case #: J-A18025-23, Categories: Property, Wills / Probate
J. Panella finds that the lower court improperly dismissed an estate administrator's declaratory judgment action seeking a determination that an insurance policy covers a certain vehicle in an underlying action. The estate administrator reached a settlement with the driver and owner of the vehicle, have entered a judgment against them, and have taken an assignment from them to pursue this declaratory action against their insurer. Therefore, there is no non-justiciability, which was the only basis for the lower court's dismissal of the declaratory judgment action. Reversed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: September 26, 2023, Case #: J-A20005-23, Categories: Civil Procedure, Insurance
J. Stevens finds that the lower court properly entered a dispositional order following an adjudication of delinquency on a juvenile male's charges of sexual assault of a female classmate at his brother's home. This court cannot reweigh, as the juvenile requests, the lower court's credibility determinations of the evidence presented. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: September 26, 2023, Case #: J-S24038-23, Categories: Evidence, Sex Offender, Assault
J. Murray finds that the lower court properly denied a son's petition for citation sur appeal from the register’s decree refusing to probate the will of his mother. The will in question was signed with a digital image of his mother's signature using "DocVerify" software, and a manual signature is necessary for a will to be valid in Pennsylvania. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: September 25, 2023, Case #: J-A20028-23, Categories: Wills / Probate
J. Stevens finds that the lower court properly denied defendant’s Post Conviction Relief Act appeal challenging his sentencing for the murder of an elderly woman in her home after his girlfriend stole money from the woman’s debit card. Defendant failed to demonstrate that the outcome of the trial would have differed if the duct tape used to cover the woman’s mouth, nose and eyes was tested for DNA evidence. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: September 22, 2023, Case #: J-S28043-23, Categories: Evidence, Murder, Sentencing
J. Murray finds that the lower court properly granted summary judgment in favor of a property owner in this case wherein a motorcycle driver alleges they were injured while navigating into the property for an estate sale. The trial court’s reasoning is supported by both the record and applicable legal authority. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: September 22, 2023, Case #: J-A20027-23, Categories: Evidence, Tort, Vehicle