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Publication Date: 2021-03-29
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Shogan
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0328
The superior court concluded that defendant's appeal from the denial of his post-sentence motion for relief was timely where a breakdown in the operation of the court excused the untimely filing of his appeal. The superior court affirmed on the merits.
Publication Date: 2020-11-30
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Shogan
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1293
Defendant's discharge of his firearm while in his apartment was sufficient to support a reckless endangering another person conviction where the bullet passed within several feet of a downstairs neighbor, such that defendant disregarded a substantial risk of bodily injury or death by discharging his firearm into another apartment. Judgment of sentence affirmed.
Publication Date: 2020-10-05
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Shogan
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1082
Minor children, through their guardian ad litem, appealed the orders terminating court supervision of their dependency matters after mother and father took children, left the county and could not be found and court held record supported juvenile court's findings of fact, credibility determinations and its inferences and conclusions of law were reasonable. Affirmed.
Publication Date: 2020-06-22
Practice Area: Criminal Law | Public Utilities
Industry:
Court: Superior Court
Judge: Judge Shogan
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0635
The evidence supported a sustainable inference that defendant, who did not own the residence at issue, had access to the foreign electric meter installed in the property and benefitted from the utility services acquired through the device, thereby committing theft of services in violation of 18 Pa.C.S. §3926of the Crimes Code. The superior court affirmed in part and reversed in part.
Publication Date: 2020-06-15
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Shogan
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0608
Challenge to notice of the prosecuted statute and to the sufficiency of evidence did not constitute a non-waivable challenge to the legality of a dispositional order and thus the issues were waived for failing to raise an objection in the trial court. Order of the trial court affirmed.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2020-06-08
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Shogan
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0576
Addressing an issue of first impression, the superior court found that the Allegheny County District Attorney had standing to seek to quash defendant's subpoena duces tecum served upon the records custodian of the Allegheny County Medical Examiner's Office, but that the trial court's order granting the motion to quash was overly broad. The appellate court reversed.
Publication Date: 2020-03-30
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Shogan
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0340
An arresting officer had probable cause to stop defendant's vehicle where he was notified by the National Crime Information Center that the specific vehicle plate was registered to defendant and that there was an active Colorado arrest warrant "with full extradition" for defendant. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2020-02-24
Practice Area: Insurance Litigation
Industry: Construction | Insurance
Court: Superior Court
Judge: Judge Shogan
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0199
All parties appealed in plaintiffs' action against insurer and contractor over repairs to their house and court agreed with trial court that plaintiff's bad faith and Unfair Trade Practices and Consumer Protection Law claims against insurer had to be dismissed and trial court properly exercised its discretion as to damages in the UTPCPL claims against contractor but erred in dismissing insurer's and contractor's claims for setoff. Affirmed in part and vacated in part.
Publication Date: 2020-02-17
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Shogan
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0152
The trial court did not err in finding there was sufficient evidence to establish that defendant conspired to provide a controlled substance to the victim, who died of fentanyl toxicity, since heroin and fentanyl are both controlled substances and the fact that the substance was heroin with fentanyl, not solely heroin, was of no significance for purposes of establishing the elements of the crime. The superior court affirmed.
Publication Date: 2020-02-10
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Shogan
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0133
Parental rights were properly terminated in children's best interest where parent maintained minimal contact with children, who had stronger bond with foster family, and where parent's substance abuse and failure to comply with case plan objectives demonstrated inability to parent or to remedy the circumstances necessitating children's placement. Orders of the trial court affirmed.
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