20 results for 'judge:"Bowes"'.
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
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J. Bowes finds that the domestic relations court properly granted a lesbian partner’s petition for pre-birth establishment of parentage of the child that her wife conceived through in vitro fertilization before the dissolution of their marriage. There is evidence that the couple had engaged in IVF with mutual intent to conceive and raise the child. Affirmed.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: December 11, 2023, Case #: J-E02004-23, Categories: Civil Procedure, Evidence, Guardianship
[Consolidated.] J. Bowes finds that the lower court improperly found that defendants’ convictions pursuant to the North Carolina statute proscribing taking indecent liberties with children obligated them to register as sex offenders in Pennsylvania. The state failed to establish that defendants’ out-of-state convictions would be similar to Pennsylvania convictions that require registrations. Vacated.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: December 1, 2023, Case #: J-A02020-23, Categories: Criminal Procedure, Sex Offender, Child Victims
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. 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. Bowes finds that the lower court properly denied a bail bondsman’s petition to set aside bail forfeiture in relation to bail he posted on behalf of defendant. The trial court was not required to obtain written consent from the bondsman before reinstating the bail. Affirmed.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: July 11, 2023, Case #: J-S15015-23, Categories: Criminal Procedure, Bail
J. Bowes finds that the lower court improperly denied defendant’s pretrial motion to compel the district attorney to nominate him for an accelerated rehabilitative program in line with his sentencing for driving under the influence. A precedential case was recently decided that gives defendant standing to pursue this motion. Vacated.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: July 11, 2023, Case #: J-A13005-23, Categories: Criminal Procedure, Sentencing, Dui