• In the Interest of N.A.D.

    Publication Date: 2019-03-18
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0287

    Trial court properly found minor guilty of aggravated assault, where he punched victim in the jaw, knocked him unconscious and broke his jaw, because minor's behavior preceding the attack and the force of the blow combined with the sneak attack sufficiently raised an inference that minor acted recklessly and manifested extreme indifference to the value of human life. Affirmed.

  • Commonwealth v. Roane

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

    Case Number: 19-0267

    Evidence was sufficiently weighty to support conviction for sex offenses where victim was able to testify in detail about multiple incidents of sexual assault and was able to testify that the assaults occurred over a several-week period, even though the victim could not recall the exact dates and times when the assaults occurred. Judgment of sentence affirmed.

  • Commonwealth v. Fitzpatrick

    Publication Date: 2019-03-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0226

    The trial court properly admitted into evidence a murder victim's planner note under the state-of-mind exception to the hearsay rule but erred in admitting an email from the victim under the same exception since the email was a recount of her memory or belief to prove a fact remembered, though the error was harmless. The appellate court affirmed defendant's judgement of sentence.

  • Commonwealth v. Greco

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

    Case Number: 19-0193

    Defendant's claims challenging application of the Sex Offender Registration and Notification Act registration requirements implicated the legality of his sentence; therefore, they were properly considered under the Post Conviction Relief Act and subject to the PCRA time limitations. The appellate court vacated and remanded.

  • Commonwealth v. Green

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

    Case Number: 19-0196

    The trial court did not err in denying defendant's motion to suppress based on an allegedly overbroad search warrant where the warrant permitting the seizure of electronic equipment in defendant's home was limited to a search for evidence of the specific crime that police had probable cause to believe defendant committed, i.e., possession of child pornography. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Dunham

    Publication Date: 2019-02-12
    Practice Area: Civil Rights | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0148

    The forcible stop of the motor vehicle in which defendant was a passenger constituted a seizure of the driver and all passengers; therefore, police were not required to issue verbal commands to lawfully seize defendant, who fled on foot before the vehicle came to a full stop. The appellate court reversed an order granting defendant's motion to suppress.

  • Commonwealth v. Price

    Publication Date: 2019-02-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0157

    Stop and frisk supported by reasonable suspicion when police responded a minute after receiving a 911 call, which provided a matching description and indicated the subject's movements, inferring a contemporaneous observation and, with the tracking and recording of 911 calls, making it sufficiently reliable. Judgment of sentence affirmed.

  • Am. S. Ins. Co., Inc. v. Halbert

    Publication Date: 2019-02-05
    Practice Area: Contracts
    Industry: Construction | Insurance
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0122

    The trial court did not err in granting plaintiff summary judgment in this action seeking damages arising from its performance under the surety bond, where defendants cited no evidence to controvert the evidence relied upon by plaintiff or to support their claims of a contract of adhesion. The appellate court affirmed an order granting plaintiff summary judgment.

  • Commonwealth v. Fill

    Publication Date: 2019-01-22
    Practice Area: Civil Rights | Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0057

    The trial court erred in not affording defendant the assistance of counsel at hearing on the commonwealth's motion resulting in a reduction of his credit for time served since defendant was entitled to such assistance at that critical stage in the proceedings and he did not forfeit the right to counsel through misconduct. The appellate court reversed and remanded.

  • Commonwealth v. Creary

    Publication Date: 2019-01-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1582

    In this case of first impression, the appellate court held that a determination on whether a party may rehabilitate a witness with the facts underlying a crimen falsi conviction used for impeachment is left to the discretion of the trial court and that the trial court did not abuse its discretion in allowing the commonwealth to rehabilitate the complainant with the facts underlying his prior conviction. The appellate court affirmed defendant's judgment of sentence.