The defendant appealed following revocation of parole for his conviction of two crimes. He challenged the sufficiency of the evidence, arguing the Commonwealth did not establish the specific conditions of his parole and probation. The Pennsylvania Superior Court agreed and vacated. The Court cited 42 Pa.C.S. § 9754(b) and held that because the VOP court … Read more
This dispute involved a land transfer. Circle K appealed from the entry of summary judgment in favor of the defendants and argued that the trial court misinterpreted a Right of First Refusal (ROR) clause. The Pennsylvania Superior Court agreed with the trial court’s reading of the ROR and affirmed.
The Pennsylvania Superior Court affirmed the denial of post-conviction relief for a defendant who made allegations of ineffective assistance of trial counsel. The case was a pre-Birchfield blood-draw DUI. The defendant claimed counsel was ineffective for failing to object when a police officer opined why there were exigent circumstances for a warrant. The Superior Court … Read more
In this custody dispute, Father appealed the consolidated order, which denied his request for custody modification but granted Mother’s request to relocate to a different county with their children. Father claimed the trial court erred when it declined to interview the children to obtain their preferences, pursuant to Pa.R.C.P. 1915.11 and the Child Custody Act. … Read more
The Pennsylvania Superior Court quashed this appeal. The Court ruled that because of the deficiencies in Appellant’s pro se brief, the Court could not discern what issues he wanted to raise or the arguments he wanted to present.
In this custody matter, Father appealed from the order that denied his petitions for contempt against Mother and primary physical custody of the parties’ 10- year-old daughter and, instead, continued the parties’ shared legal and physical custody arrangement, albeit with some modification. Father contended that their shared legal custody arrangement precluded a court from assigning … Read more
This case involved a dispute over a clause in an antenuptial agreement. The Pennsylvania Superior Court reiterated the longstanding precedent that such agreements are not void for lack of consideration and that an estate may substitute consideration. Here, the agreement required the husband to contribute annually to an IRA in the wife’s name. But he did … Read more
The Commonwealth appealed from the trial court’s order making Herrin Boot Camp eligible. The Pennsylvania Superior Court held that the trial court correctly concluded that Herrin’s convictions (homicide by vehicle while driving under influence and accidents involving death or personal injury), criminal record, and age did not disqualify him from Boot Camp eligibility. Furthermore, Herrin’s … Read more
The Pennsylvania Superior Court whittled away at criminal defendants’ right to confront their accusers. Here, the defendant appealed after a jury convicted him of aggravated assault and firearms offenses. The defendant claimed he never fired a shot and the complaining witness fabricated the event because he had just financially cut her off. The Commonwealth presented … Read more
In C.L. v. M.P., Mother filed appeals from the orders that appointed a guardian ad litem (GAL) and provided the GAL access to the mental health records of Mother and C.L. (Father) from the last three years. The Pennsylvania Superior Court granted en banc reargument to consider three issues: (1) whether participation in a custody … Read more