• MB Fin. Bank v. Rao

    Publication Date: 2019-01-15
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0029

    Trial court abused its discretion and committed reversible error when it precluded a lost note affidavit from evidence in a foreclosure action because appellant presented sufficient evidence to show that the affidavit was admissible as a business record. Reversed.

  • Commonwealth v. McCauley

    Publication Date: 2018-12-10
    Practice Area: Judges
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1495

    The trial court judge abused her discretion in denying defendant's motion for recusal where defendant provided enough evidence to raise substantial doubt as to the judge's ability to preside impartially over the defendant sex offender's sentencing hearing and provide him with a fair tribunal. The appellate court vacated and remanded for further proceedings.

  • Commonwealth v. J.C.

    Publication Date: 2018-11-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1417

    Juvenile petitioned for habeas corpus asserting he was held in violation of 42 Pa.C.S. §6353 and the court found that prior to his four-year commitment anniversary, he had notice of an extension or modification hearing, he had an opportunity to be heard and the juvenile court made specific findings pursuant to §6353. Petition denied.

  • Commonwealth v. Cramer

    Publication Date: 2018-09-25
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1135

    The trial court did not err in barring defendant's offer of DNA evidence regarding a rape victim's alleged sexual conduct with other partners where defendant asserted that the victim consented to sexual activity with him and, thus, the DNA evidence was not relevant to the issue of consent. The appellate court affirmed defendant's judgment of sentence.

  • In re: Petition of A.M.M.

    Publication Date: 2018-09-11
    Practice Area: Administrative Law | Civil Procedure
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1074

    Petition for expungement of record of involuntary commitment that challenged sufficiency of evidence supporting commitment properly dismissed under doctrine of laches where passage of significant period of time made evidence impossible to obtain. Order of the trial court affirmed.

  • Commonwealth v. Strafford

    Publication Date: 2018-08-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0973

    Addressing an issue of first impression, the appellate court concluded that defendant's lifetime registration requirement authorized by the Sexual Offender Registration and Notification Act did not constitute an illegal sentence as the legislature did not limit the authority of a court to impose registration requirements only within the maximum allowable term of incarceration. The appellate court affirmed defendant's judgment of sentence.

  • Morgan v. Morgan

    Publication Date: 2018-08-14
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0952

    Trial court abused its discretion in failing to apply unclean hands doctrine to deny husband's petition to modify alimony where husband, an attorney, over the course of several years willfully submitted false documentation and testimony concerning his income. Order of the trial court vacated, case remanded.

  • Commonwealth v. McCleary

    Publication Date: 2018-07-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0850

    In considering whether the defendant provided valid consent to the search of an upstairs room of his home, the trial court erred in focusing exclusively on the officers' alleged violations of police directives where defendant had summoned police and verbally consented to the inspection of a second-floor room. The appellate court reversed and remanded.

  • Commonwealth v. Milburn

    Publication Date: 2018-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0826

    Traffic stop was based on reasonable suspicion where police used tracking application they had prior experience with to track stolen phone to location where only one vehicle and no individuals on foot were located. Judgment of sentence affirmed.

  • Commonwelath v. Parrish

    Publication Date: 2018-07-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0791

    Possession and firearms conviction was reversed where commonwealth failed to present sufficient evidence to demonstrate that defendant seated in vehicle's back seat had dominion and control over contraband found in the front seat. Judgment of sentence reversed.