• Sensenich v. Morcos

    Publication Date: 2019-03-18
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0243

    Trial court erroneously gave "two schools of thought" instruction where claims involved whether any procedure should have been performed at all, but such error was harmless where the jury was instructed to not apply the doctrine to the unnecessary procedure claim. Judgment affirmed.

  • Commonwealth v. Hampton

    Publication Date: 2019-02-26
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0197

    While the arresting police officer did not activate her lights or siren when she pulled up behind defendant, she nevertheless restrained defendant's freedom of movement by means of physical force where she blocked the exit and, thus, an investigative detention unsupported by reasonable suspicion commenced. The appellate court vacated a judgment of sentence, reversed and remanded.

  • In Re: C.M.K., a minor

    Publication Date: 2019-02-12
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0156

    Trial court erred in denying petition to involuntarily terminate father's parental rights where record demonstrated father's ongoing drug use and inconsistent attendance at court-ordered drug and behavioral therapy, indicating a neglect to remedy causes of parental incapacity. Order of the trial court vacated, case remanded.

  • In re Nadzam

    Publication Date: 2019-02-05
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0132

    The orphans' court properly refused to order an accounting of agent's exercise of the power of attorney decedent had given her because decedent's daughter had no standing to request the accounting where the asset transfers daughter questioned occurred during decedent's lifetime and before the power of attorney was signed and agent was the sole beneficiary named in decedent's will. Affirmed.

  • Johnson v. Phelan Hallinan & Schmieg, LLP

    Publication Date: 2019-01-29
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Legal Services
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0086

    Trial court properly sustained defendant's objections to plaintiffs' action, alleging defendant violated §406 of the loan interest and protection law by pursuing attorney fees in a mortgage foreclosure action that were not actually incurred, because plaintiffs' mortgage did not meet the statutory definition of a "residential mortgage" at the time it was executed and the later amendment of the act to raise the monetary limit in the definition could not be applied retroactively. Affirmed.

  • In the Interest of: S.L., a minor

    Publication Date: 2019-01-29
    Practice Area: Civil Procedure | Evidence | Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0085

    Trial court erred in denying mother opportunity to call witnesses to rebut presumption that mother was the perpetrator of child abuse that caused injuries that would not have occurred but for mother's acts or omissions. Order of the trial court reversed, case remanded.

  • Commonwealth v. Weir

    Publication Date: 2019-01-01
    Practice Area: Criminal Appeals
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1589

    Appellant challenged the restitution aspect of his sentence for criminal mischief and the court found that his challenge did not implicate the legality of the award but rather the discretionary aspects of his sentence and the court was precluded from reaching the merits of his claim because the commonwealth objected to his failure to include a separate rule 2119(f) statement. Affirmed.

  • Commonwealth v. Johnson

    Publication Date: 2018-12-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1550

    Case law holding that retroactive application of SORNA constituted criminal punishment could not apply retroactively to an untimely PCRA petition. Order of the trial court affirmed.

  • Commonwealth v. Graves

    Publication Date: 2018-10-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1287

    The trial court properly held that facts unknown to a petitioner for purposes of the newly discovered exception to the Post Conviction Relief Act statute of limitation cannot be information previously known and a matter of public record, but merely presented through a newly-discovered source. The appellate court affirmed an order denying defendant post-conviction relief.

  • Commonwealth v. Denapoli

    Publication Date: 2018-10-23
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1258

    The trial court properly held that defendant's 2002 conviction for indecent assault was not eligible for a limited access order to pursuant to 18 Pa.C.S. §9122.1(b)(9), as the statute bars such orders for defendants who have been convicted "at any time" of a crime requiring sexual offender registration. The appellate court denied defendant's appeal.