• Commonwealth v. Benitez

    Publication Date: 2019-09-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1085

    Consent to canine search was validly given where police developed reasonable suspicion during valid traffic stop for a registration issue, and there was no indication defendant was coerced or threatened or made an unintelligent decision to consent to search. Judgment of sentence affirmed.

  • In the Interest of: D.M.D.-C.

    Publication Date: 2019-09-02
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1026

    Biological parent whose parental rights had been terminated qualified as a "foster parent" eligible to receive foster care payments upon providing a foster home to the parent's biological child. Order of the trial court affirmed.

  • Commonwealth v. Reed

    Publication Date: 2019-08-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0968

    There was enough evidence to sustain defendant's convictions on trespass and burglary charges where the record established that the shed which defendant and an accomplice broke into and stole from was a "building" within the meaning of the burglary and criminal trespass statutes. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Gray

    Publication Date: 2019-06-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0691

    The trial court erred in finding that exigent circumstances justified the warrantless entry into defendants' residence where the commonwealth failed to establish, by clear and convincing evidence, that there was a compelling need to enter the residence. The appellate court reversed defendants' judgments of sentence.

  • Estate of Krappa v. Lyons

    Publication Date: 2019-06-10
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0678

    Hospital's credentialing committee materials were not entitled to Peer Review Protection Act protection because a credentialing committee did not qualify as a "review committee" entitled to PRPA protection. Order of the trial court affirmed.

  • Commonwealth v. Scott

    Publication Date: 2019-06-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0646

    Police lacked probable cause to extend vehicle search for narcotics from passenger compartment to trunk where police could not articulate facts that would indicate a likelihood that additional contraband would be found in the vehicle trunk. Order of the trial court affirmed.

  • In the Interest of I.R.-R.

    Publication Date: 2019-05-06
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0526

    Trial court erred in adjudicating children dependent because the evidence DHS presented was not competent to support the adjudication where child's out-of-court statements regarding father's alleged sex abuse were admitted as evidence of her state of mind and were not substantive evidence that father perpetrated any acts of sexual abuse. Vacated.

  • Commonwealth v. Brockington-Winchester

    Publication Date: 2019-03-25
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0315

    The trial court erred in finding that collateral estoppel precluded defendant's retrial on charges of trafficking in individuals and attempted involuntary servitude after a hung jury on those offenses, since defendant's acquittal on charges of robbery and theft did not negate the commonwealth's ability to prove the elements of the two outstanding offenses. The appellate court reversed and remanded.

  • American Interior Constr. & Blinds Inc. v. Benjamin's Desk, LLC

    Publication Date: 2019-03-25
    Practice Area: Civil Procedure
    Industry: Construction
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0314

    The appellate court was bound by the high court's holding in McCreesh v. City of Philadelphia that technical noncompliance with the rule for service of original process may be excused absent "intent to stall the judicial machinery" or actual prejudice and, thus, granted plaintiff relief in the absence of any allegations of such intent or prejudice. The appellate court reversed and remanded.

  • In the Interest of S.U.

    Publication Date: 2019-03-11
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0272

    Juvenile court properly refused to delay child's dependency hearing to conduct an in-person colloquy of father's right to counsel because father was given proper notice of the hearing and of his right to counsel but failed to attend the hearing or apply for counsel. Affirmed.