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  • Commonwealth v. Jones

    Publication Date: 2021-12-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1442

    Suppression motion properly denied where police initiated an encounter on a hunch that an individual possessed a weapon, and asking the individual for their age did not convert a mere encounter into an investigatory detention. Judgment of sentence affirmed.

  • Commonwealth v. Green

    Publication Date: 2021-10-25
    Practice Area: Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1228

    The trial court erred in admitting evidence of prior bad acts in defendant's murder trial where the proffered evidence regarding a prior incident did not demonstrate a common scheme, plan or design to target grandmothers of defendant's protagonists. The appellate court reversed and remanded.

  • C.H.Z. v. A.J.Y.

    Publication Date: 2021-10-04
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1141

    In calculating child support obligation, trial court did not err in including Social Security survivor's benefit received directly by parent as a caretaker of a child not subject to the order, where the benefit was not required to be used for childcare. Order of the trial court affirmed.

  • Commonwealth v. Lowmiller

    Publication Date: 2021-08-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0907

    Trial court erred in permitting introduction of prior conviction to rebut mistake-of-age defense where prior offense had little factual similarity to the present case. Judgment of sentence reversed, case remanded for new trial.

  • Commonwealth v. Williams

    Publication Date: 2021-06-28
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0729

    Defendant challenged the admission of expert forensic video analysis testimony and the weight of the evidence in his murder conviction and court found expert explained various technical variables at issue in surveillance video showing the shootings which assisted the jury, expert did not render an opinion on identification and evidence was sufficient to show defendant was the shooter. Affirmed.

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  • D.Q. v. K.K.

    Publication Date: 2020-10-26
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1159

    Trial court properly denied grandparent's request for primary custody due to concerns about grandparent's prior history with Schuylkill County Children and Youth Services with her own children, parents' residence in the grandparent's home despite their continued drug use, and grandparent's failure to complete an Interstate Compact Placement of Children request after she moved out of state. Order of the trial court affirmed.

  • Kuhstoss v. Steele

    Publication Date: 2020-07-06
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0705

    Trial court erred in granting preliminary injunctive relief in counterclaim for prescriptive easement where claimants sought easement across unenclosed woodland and were therefore precluded from obtaining a prescriptive easement under the Unenclosed Woodlands Act.

  • Commonwealth v. Arrington

    Publication Date: 2020-06-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0634

    Police lacked reasonable suspicion to conduct a protective weapons search of defendant and his vehicle where defendant did not display extreme nervousness or make any furtive movements during a traffic stop and police did not observe any weapons in plain view. The superior court affirmed in part and reversed in part.

  • Kohlman v. Grane Healthcare Co.

    Publication Date: 2020-02-24
    Practice Area: Dispute Resolution
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0197

    Defendant nursing home appealed trial court's refusal to compel arbitration in plaintiff's negligence, survival, and wrongful death action over her mother's death at nursing home and court found trial court properly refused to compel arbitration in the wrongful death action and record was not sufficiently developed to address plaintiff's contract law unconscionability defense. Affirmed in part, reversed in part and remanded.

  • Traver v. Reliant Senior Care Holdings, Inc.

    Publication Date: 2020-02-17
    Practice Area: Dispute Resolution
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0167

    Nursing home defendants appealed trial court's finding that arbitration agreement was unenforceable in administratrix' action over her husband's death in nursing home and court found defendants failed to establish that plaintiff had legal authority to execute the arbitration agreement on decedent's behalf. Affirmed.