In Commonwealth v. Price, the Superior Court reversed a trial court’s order that suppressed evidence recovered during a search of the defendant’s cell phone. The Commonwealth sought and was granted a warrant. But the affidavit of probable cause supporting the warrant contained scant facts establishing probable cause. However, the Court ruled that the inevitable discovery … Read more
In Commonwealth v. Mojica, the defendant filed a pro se PCRA petition after he was convicted, but before sentencing, and while he was still represented by counsel. In the petition, he made sufficiency and weight claims. The PCRA court ignored the pro se petition and sentenced the defendant. The Superior Court noted that it was … Read more
In Commonwealth v. Davis, the Pennsylvania Superior Court reviewed the process by which prosecuting authorities can refile criminal charges pursuant to Pa.R.Crim.P. 544. In Davis, after a preliminary hearing, a magisterial district judge dismissed charges. The Commonwealth sought to refile the complaint but went to a different MDJ to do so. Then the case proceeded … Read more
In Commonwealth v. Headley, the appellant challenged the sufficiency of the evidence of his convictions for recklessly endangering another person (REAP) and discharging a firearm into an occupied structure. The Superior Court affirmed. The evidence was sufficient for REAP because the appellant intentionally discharged his firearm into the floor of his apartment. The bullet passed … Read more
The matter of In re D.G. involved a mother’s appeal from the Orphan’s Court order terminating her parental rights. The case is a companion of sorts to In re D.N.G., 230 A.3d 361 (Pa. Super. Ct. 2020) because D.N.G. and D.G. are siblings. The same attorney was appointed to represent each child’s legal interests, pursuant … Read more
In Erie Ins. Co. v. Petrie, the decedent’s estate appealed the trial court’s grant of Erie Insurance Co.’s motion for judgment on the pleadings. The Superior Court held that the trial court erred because the decedent had the right to aggregate or “stack” the limits of coverage for underinsured motorists (UIM) of two separate policies, … Read more
A husband and wife divorced and entered into a property settlement agreement that compelled the wife to make payments to the husband. But soon thereafter, she declared bankruptcy and sought to discharge her obligation to the ex-husband. In Hanrahan v. Ketch, the Pennsylvania Superior Court was asked to determine if the wife’s debt owed to … Read more
In Kornfiend v. New Werner Holding Co., Kornfiend sued New Werner as well as Home Depot and alleged strict product liability and negligence claims related to the design, manufacture, and sale of a ladder which Kornfiend fell from as he worked on his house. The Superior Court ruled that the lower court erred in denying Home … Read more
In re C.B. presented the Pennsylvania Superior Court with an opportunity to revisit the evidentiary burden necessary for a court to adjudicate a juvenile as delinquent. C.B. was found to have possessed child pornography. At his dispositional hearing, he presented an expert who opined that the juvenile did not need further supervision, treatment, or rehabilitation. … Read more
In Woullard v. Sanner Concrete and Supply, Woullard sued, claiming that the defendants breached their respective contracts related to constructing a house and a detached garage. After the trial court found in favor of Woullard, the defendants appealed and argued that the trial court erred in calculating its damage award. The Superior Court affirmed, holding … Read more