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  • In the Interest of: S.L., a minor

    Publication Date: 2019-01-29
    Practice Area: Civil Procedure | Evidence | Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0085

    Trial court erred in denying mother opportunity to call witnesses to rebut presumption that mother was the perpetrator of child abuse that caused injuries that would not have occurred but for mother's acts or omissions. Order of the trial court reversed, case remanded.

  • Commonwealth v. Weir

    Publication Date: 2019-01-01
    Practice Area: Criminal Appeals
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1589

    Appellant challenged the restitution aspect of his sentence for criminal mischief and the court found that his challenge did not implicate the legality of the award but rather the discretionary aspects of his sentence and the court was precluded from reaching the merits of his claim because the commonwealth objected to his failure to include a separate rule 2119(f) statement. Affirmed.

  • Commonwealth v. Johnson

    Publication Date: 2018-12-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1550

    Case law holding that retroactive application of SORNA constituted criminal punishment could not apply retroactively to an untimely PCRA petition. Order of the trial court affirmed.

  • Commonwealth v. Graves

    Publication Date: 2018-10-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1287

    The trial court properly held that facts unknown to a petitioner for purposes of the newly discovered exception to the Post Conviction Relief Act statute of limitation cannot be information previously known and a matter of public record, but merely presented through a newly-discovered source. The appellate court affirmed an order denying defendant post-conviction relief.

  • Commonwealth v. Denapoli

    Publication Date: 2018-10-23
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1258

    The trial court properly held that defendant's 2002 conviction for indecent assault was not eligible for a limited access order to pursuant to 18 Pa.C.S. §9122.1(b)(9), as the statute bars such orders for defendants who have been convicted "at any time" of a crime requiring sexual offender registration. The appellate court denied defendant's appeal.

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  • Commonwealth v. Pou

    Publication Date: 2018-10-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1268

    Criminal defendant not entitled to new trial on collateral review where counsel waiver colloquy during sentencing was technically deficient according to rules of criminal procedure but was not constitutionally deficient. Order of the PCRA court affirmed.

  • Commonwealth v. Bush

    Publication Date: 2018-10-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1229

    The trial court considering defendant's Post Conviction Relief Act petition erred in finding that defendant waived all claims for appeal by failing to file a Rule 1925(b) statement as certain deficiencies in the PCRA court's order precluded a finding of waiver. The appellate court vacated and remanded.

  • Gregury v. Greguras

    Publication Date: 2018-10-09
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1185

    Trial judge erred in denying a mistrial and granting a nonsuit at the close of appellant's case in chief, in action by decedent's children alleging fraud and the failure of their legacy, where decedent's wife suddenly waived her assertion of attorney-client privilege in opening statement after asserting it throughout discovery because the trial court should have either excluded the testimony or allowed appellants to depose wife and attorney to discover the substance of the undisclosed communications. Vacated and reversed.

  • Commonwealth v. Vucich

    Publication Date: 2018-09-18
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1070

    The trial court erred in admitting two photographs of the victim of defendant's sexual abuse taken when the crimes allegedly occurred since defendant did not contest that the victim was a child when the alleged abuse occurred; however, any prejudice was de minimis and, thus, harmless beyond a reasonable doubt. The appellate court affirmed defendant's judgment of sentence.

  • Dunlap v. Fed. Signal Corp.

    Publication Date: 2018-09-04
    Practice Area: Mass Torts | Products Liability
    Industry: Manufacturing
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1029

    An alternative product design's compliance with governmental or industry standards, in the absence of expert testimony, was insufficient to establish that an alleged defective product was unreasonably dangerous. Summary judgment affirmed.