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  • Commonwealth v. Ellis

    Publication Date: 2024-04-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 742 MDA 2023

    Defendant appealed the trial court's judgment of sentence imposing a life term on defendant's jury conviction for murder and related crimes. The court affirmed, holding that the trial court did not violate defendant's right to remain silent by directing defendant to remove nonprescription eyeglasses that defendant wore during his jury trial.

  • Matthew 2535 Prop., LLC v. Denithorne

    Publication Date: 2024-03-29
    Practice Area: Real Estate
    Industry: Food and Beverage | Hospitality and Lodging | Real Estate
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 285 EDA 2022

    Sellers challenged equity court's order of specific performance of a real estate contract for the stated price minus insurance proceeds after the building was destroyed by fire before closing and court found the record was devoid of any competent evidence regarding the post-fire value of the property and the only equitable result was a new trial on the amount of the purchase price buyer owed sellers. Vacated and remanded.

  • In the Interest of: S.W.

    Publication Date: 2024-03-29
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22 WDA 2023

    Prospective adoptive parent exception to denial of standing to foster parents remained good law despite enactment of revised version of Juvenile Act. Order of the trial court reversed, case remanded.

  • Commonwealth v. Rivera

    Publication Date: 2024-03-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 538 MDA 2023

    Possession of a firearm and a substance appearing to be marijuana in a vehicle supported reasonable suspicion for an investigative detention to determine the vehicle occupant's license status, particularly where the marijuana was not in its original packaging and medical marijuana card holders could not carry concealed firearms. Judgment of sentence affirmed.

  • Commonwealth v. Garcia

    Publication Date: 2024-03-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 648 WDA 2023

    Appellant appealed his sentence following his conviction for possession with intent to deliver a controlled substance, possession of a controlled substance and possession of drug paraphernalia. Affirmed.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

    View this Book

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  • In re Adoption of J.M.B.

    Publication Date: 2024-02-09
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 467 WDA 2023

    Orphans' court properly denied mother's petition to have godmother adopt child because mother's proposed adoption did not satisfy the purpose of the Adoption Act's relinquishment requirement, the proposed adoption would not create a new parent-child relationship, nor would it protect the integrity and stability of a new family unit. Affirmed.

  • Commonwealth v. Smith

    Publication Date: 2023-11-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 315 MDA 2023

    Court affirmed grant of suppression motion where commonwealth waived arguments against suppression by failing to raise them in its initial opposition brief. Order of the trial court affirmed.

  • Commonwealth v. Banniger

    Publication Date: 2023-10-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1612 EDA 2022

    Totality of circumstances, including the parties' familial relationship, the use of controlled substances, and the victim becoming paralyzed with fear after waking up during the sexual assaults, were sufficient to find that defendant acted with forcible compulsion by overcoming the victim's will and causing her to submit to the assault. Judgment of sentence affirmed.

  • Commonwealth v. Fisher

    Publication Date: 2023-10-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 351 MDA 2023

    Traffic stop detainee's persistent noncompliant behavior was solely responsible for prolonging a traffic stop for an equipment violation for over an hour, exposing everyone at the scene of the stop to the risk of an accident with passing traffic, which was sufficient to convict defendant for disorderly conduct. Judgment of conviction affirmed, judgment of sentence vacated and remanded.

  • In the Interest of: M.M.

    Publication Date: 2023-09-18
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 439 EDA 2023

    Trial court lacked jurisdiction to use dependency adjudication to upgrade non-parent's child abuse report from indicated to founded since the non-parent was not a party to the dependency proceedings. Order of the trial court vacated in part.