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  • Commonwealth v. Presley

    Publication Date: 2018-08-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0916

    Since a Post Conviction Relief Act appeal is a "criminal case" for purposes of Pa.R.App.P. 1925(c)(3) and PCRA counsel was per se ineffective in failing to timely file a rule 1925(b) statement, the court reviewed the substance of defendant's contention that the PCRA court erred in dismissing his underlying ineffective assistance of counsel claim. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Jones

    Publication Date: 2018-07-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0883

    Trial court erred in suppressing physical evidence where defendant failed to raise voluntariness of consent to search in his suppression motion and where the fruit of the poisonous tree doctrine could not extend from statements obtained through Miranda violations to suppress physical evidence. Order of the trial court reversed.

  • Commonwealth v. Palmer

    Publication Date: 2018-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0827

    Jury could convict for aggravated assault either by finding that bullet striking identified victim was meant for another unidentified person or that defendant caused serious bodily injury while engaging in reckless behavior by firing a weapon in public in the direction of other people. Judgment of sentence affirmed.

  • Commonwealth v. Katona

    Publication Date: 2018-07-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0789

    Search warrant was valid where, based on police surveillance and information orally relayed by reliable confidential informant, obviating need to consider legality of multi-day consensual in-home intercept. Judgment of sentence affirmed.

  • Commonwealth v. Tejada

    Publication Date: 2018-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0710

    Criminal defendant could not forfeit right to representation through poor behavior, and as such trial court erred in failing or refusing to appoint standby counsel after ruling that defendant forfeited his rights to be present at trial and to self-representation. Judgment of sentence vacated, case remanded for retrial.

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  • Johnson v. Phelan Hallinan & Schmieg, LLP

    Publication Date: 2018-06-19
    Practice Area: Class Actions | Creditors' and Debtors' Rights
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0706

    Amended statutory monetary limit for protected residential mortgages did not apply retroactively where the statute encompassed substantive remedies not contemplated by the parties at the time of their contract formation. Order of the trial court affirmed.

  • Zimmerman v. Alexander Andrew, Inc.

    Publication Date: 2018-06-19
    Practice Area: Products Liability
    Industry: Construction
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0698

    Plaintiff's misuse of a safety harness while cutting down a tree did not serve as grounds for granting summary judgment in favor of the defendant harness manufacturer under a design defect theory because the evidence did not establish that the misuse solely caused plaintiff's accident and that an alleged design defect did not contribute. The appellate court reversed and remanded.

  • Commonwealth v. Ward

    Publication Date: 2018-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0712

    Commonwealth presented sufficient evidence to disprove defendant's assertion of self-defense through defendant's conflicting accounts of the incident, defendant's attempts to conceal evidence, and medical expert testimony directly contradicting defendant's version of the incident provided at trial. Judgment of sentence affirmed.

  • In the Interest of A.W.

    Publication Date: 2018-05-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0611

    Juvenile court authorized to grant legal custody to DHS and empower it to make routine medical decisions on behalf of children in its custody, even over the objections of a child's parent, guardian, or custodian. Order of the juvenile court affirmed.

  • Commonwealth v. Robinson

    Publication Date: 2018-05-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0574

    Court affirmed the PCRA court's dismissal of appellant's PCRA petition, alleging his trial counsel was ineffective due to counsel's deteriorated mental state from cocaine use. Affirmed.Court affirmed the PCRA court's dismissal of appellant's PCRA petition, alleging his trial counsel was ineffective due to counsel's deteriorated mental state from cocaine use. Affirmed.