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  • Commonwealth v. Karash

    Publication Date: 2017-12-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1763

    Pursuant to Commonwealth v. Banellis, the prefatory language of 75 Pa.C.S. §3323(b) constituted an element of the offense and thus required the commonwealth to present evidence on whether a police officer directed defendant to proceed through a stop sign in order to demonstrate that he violated his duties as a motorist at a stop sign. The court reversed defendants judgment of sentence.

  • E.A.M. v. A.M.D. III

    Publication Date: 2017-11-14
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1685

    Petitioners seeking protection order under Protection of Victims of Sexual Violence or Intimidation Act were not required to prove beyond a reasonable doubt that they were victims of sexual violence. Order of the trial court affirmed.

  • M.J.S. v. B.B.

    Publication Date: 2017-11-07
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1669

    Trial court erred in granting primary physical custody to childs grandmother because its best interest analysis was contrary to precedent, failed to apply the presumption in favor of father in 5327(b) and improperly imposed the burden of proof on father. Reversed.

  • Commonwealth v. Powell

    Publication Date: 2017-10-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1558

    Suppression of wiretap evidence not warranted where police adopted reasonable intercept minimization plan requiring monitors to switch off and spot check.