21 results for 'judge:"Panella"'.
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
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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. Panella finds that the lower court improperly granted judgment in favor of Nationwide saying that it did not have to pay a claim stemming from injuries the unlicensed daughter of an insured mother sustained while driving the mother’s car. The daughter was entitled to coverage for her medical expense claim because that part of the policy did not include an unlicensed driver exclusion clause. Reversed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: December 5, 2023, Case #: J-A16007-23, Categories: Civil Procedure, Insurance, Vehicle
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. 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. 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. Panella finds that the lower court improperly granted defendant’s motion to dismiss on the ground that Pennsylvania failed to consolidate his prosecutions under the state’s compulsory joinder rule. The rule does not apply here because defendant’s charges for unlawful possession of a firearm charges did not arise from the same criminal conduct or episode as his previous prosecution for simple assault. Reversed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: May 26, 2023, Case #: J-S10015-23, Categories: Firearms, Sentencing, Assault