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  • 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.

  • Commonwealth v. Knoble

    Publication Date: 2018-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0686

    Motion to suppress evidence seized from second cell phone data extraction denied where original search warrant authorized second extraction as circumstances validating warrant remained unchanged at time of second extraction. Judgment of sentence affirmed.

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  • Commonwealth v. Yorgey

    Publication Date: 2018-06-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0688

    Motion to suppress evidence properly denied where record supported finding police were given consent to enter residence and observed drug paraphernalia in plain view. Judgment of sentence affirmed.

  • Commonwealth v. Dempster

    Publication Date: 2018-05-29
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0635

    Appellant's challenge to the sentence imposed after she stipulated to probation violations failed because she failed to raise an objection to the sentence at her VOP sentencing hearing, did not file a timely post-sentence motion or motion to reconsider the sentence and waived her challenge to the discretionary aspects of her sentence. Sentence affirmed.

  • In the Interest of: N.B., a minor

    Publication Date: 2018-05-29
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0627

    Suppression of confession was properly granted where juvenile's Miranda waiver was involuntary since he did not understand significance of Miranda warnings and believed he was obligated to follow his mother's instruction to confess to police. Order of the trial court affirmed.

  • Commonwealth v. Largaespada

    Publication Date: 2018-05-08
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0536

    Motion to pierce Rape Shield Law properly granted where proffered evidence merely alleged existence of victims other sexual relationship, which alone was insufficient to establish logical nexus with victims alleged motive to fabricate. Judgment of sentence affirmed.

  • Commonwealth v. Diaz

    Publication Date: 2018-04-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0415

    Defendant suffered per se prejudice due to trial counsels failure to ascertain that he needed a translator to understand the criminal proceedings and counsels failure to object when the trial court proceeded without a translator. The appellate court affirmed a trial court order granting defendant a new trial.