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Publication Date: 2018-06-26
Practice Area: Contracts | Landlord Tenant Law | Real Estate
Industry: Real Estate
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 18-0762
Trial court erred in finding that trust lacked standing and that the MHCRA did not apply to its claims against mobile home park owners but the errors were harmless because trust failed to prove its claims in its civil action against owners and owners were entitled to eviction since trust failed to sign the new lease, pay the rent due or comply with park rules. Affirmed.
Publication Date: 2018-06-05
Practice Area: Criminal Law
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Court: Superior Court
Judge: Judge Kunselman
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Case Number: 18-0659
Trial court erroneously granted suppression of blood alcohol test results for suspect's mistaken belief about continued validity of enhanced criminal penalties for refusal to consent to blood draw and for erroneous imposition of requirement upon law enforcement to advise suspects of revised criminal procedure. Order of the trial court reversed, case remanded.
Publication Date: 2018-05-29
Practice Area: Civil Procedure
Industry: Health Care
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 18-0620
Trial judge was not entitled to the deference standard announced in McHugh v. Proctor & Gamble, 776 A.2d 266 in appellants' challenge to a jury selection process that involved the voir dire questioning of potential jurors outside the presence of the trial judge because it was essential that a judge personally witness voir dire and the failure to do so in this case was reversible error since it forced appellants to exhaust their peremptory challenges. Judgment vacated and case remanded.
Publication Date: 2018-05-29
Practice Area: Criminal Law
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Court: Superior Court
Judge: Judge Kunselman
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Case Number: 18-0622
When the trial court found that police had probable cause to conduct a warrantless search of defendant's vehicle, it failed to consider the totality of the circumstances, including several facts that weighed heavily against the conclusion that probable cause existed. The appellate court reversed defendant's judgment of sentence and remanded.
Publication Date: 2018-05-29
Practice Area: Land Use and Planning | Real Estate
Industry: Mining and Resources
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 18-0634
The trial court correctly found that logging company was not entitled to a prescriptive easement on a lane running through landowner's land because substantial evidence supported the trial judge's findings that the lane passed through an "unenclosed woodland" and the unenclosed woodlands act barred a prescriptive easement. Affirmed.
Law Journal Press | Digital Book
Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager
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Publication Date: 2018-05-22
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 18-0619
Trial court erred in finding that expert child custody evaluator had no standing to bring a contempt action asking the court to enforce its order directing mother to pay a portion of his fees because mother was ordered by the court to pay the costs and thus, the court was the proper court to adjudicate the alleged contempt of its order. Reversed.
Publication Date: 2018-05-15
Practice Area: Class Actions | Labor Law
Industry: Health Care
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 18-0572
Partial decertification of wage law class erroneous where employers failure to make partial payment to former employees within original class did not constitute later evidentiary development. Order of the trial court reversed.
Publication Date: 2018-05-08
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 18-0537
Trial court violated due process by mass-sentencing a group of unrelated defendants for indirect criminal contempt without determining each defendants financial ability to pay, or offering them opportunity to be heard or assistance of counsel until after sentencing. Order of the trial court vacated.
Publication Date: 2018-04-03
Practice Area: Criminal Law
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Court: Superior Court
Judge: Judge Kunselman
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Case Number: 18-0383
Where defendant was incarcerated prior to the disposition of new charges against him and he failed to satisfy bail at the time of his arrest on the new charges, the trial court was required to credit him with the time served prior to the disposition of new charges against his new sentence. The appellate court vacated defendants judgment of sentence and remanded.
Publication Date: 2018-04-03
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 18-0385
Trial court did not abuse discretion in admitting and considering victim impact statement that contained single disparaging remark toward defense counsel, where, on balance, letter properly conveyed the effects of defendants crime upon the victims family. Judgment of sentence affirmed.
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