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  • Commonwealth v. Carr

    Publication Date: 2020-02-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0097

    The evidence was sufficient to support defendant's conviction for drug delivery resulting in death, the appellate court found in an opinion rejecting defendant's claim that the crime was not legally cognizable as it was logically impossible for a person to intentionally conspire to achieve an unintended reckless result. The appellate court affirmed.

  • Commonwealth v. Saez

    Publication Date: 2020-01-06
    Practice Area: Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1511

    The trial court did not abuse its discretion in finding defendant's young daughter competent to testify as a witness at trial where she demonstrated an ability to distinguish between the truth and a lie and her testimony regarding defendant's sexual abuse of her was admissible as evidence of prior bad acts proving a common scheme, plan or design. The appellate court affirmed.

  • City of Allentown v. Lehigh County Auth.

    Publication Date: 2019-11-18
    Practice Area: Contractual Disputes
    Industry: Energy | State and Local Government
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1350

    The trial court erred in finding that plaintiff, a Pennsylvania municipality, lacked standing to file this breach of contract suit against an entity providing utility services to its residents where plaintiff was a party the lease agreement providing for such utility services. The appellate court affirmed on other grounds.

  • C.M. v. M.M.

    Publication Date: 2019-07-29
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0871

    The trial court erred in failing to consider the best interest factors set forth in 23 Pa.C.S. §5328(a) where mother's custody petition specifically requested a change in custody of the parties' minor child. The appellate court reversed and remanded.

  • S.S. v. T.J.

    Publication Date: 2019-06-24
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0725

    Father's pro se appeal of the denial of his petition to modify custody failed because his Pa.R.A.P. 1925(b) statement was not sufficiently coherent to allow the trial court to understand the specific allegations of error and the court found the trial court adequately explained its findings which were supported by adequate evidence in the record. Affirmed.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Commonwealth v. Holston

    Publication Date: 2019-06-17
    Practice Area: Criminal Appeals
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0699

    Dismissal of insurance fraud charges by writ of habeas corpus affirmed where commonwealth failed to present sufficient evidence defendant had knowledge of documents seized in execution of search warrant or aided or abetted in submission of false information to the insurer. Order of the trial court affirmed.

  • H.M.H. v. D.J.G.

    Publication Date: 2019-06-03
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0653

    Trial court erred in failing to conduct a hearing on mother's petition for a permanent PFA order after daughter was sexually abused by daughter's first cousin, and in holding that daughter lacked standing because the act mandated an evidentiary hearing and the statutory definition of family was broad and unambiguous. Order vacated.

  • Commonwealth v. Danzey

    Publication Date: 2019-06-03
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0642

    The trial court did not err in allowing the admission of vulgar and harassing posts defendant made about the victim on social medical accounts where the commonwealth offered sufficient evidence to support the conclusion that defendant was the author of such posts. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Byrd

    Publication Date: 2019-05-20
    Practice Area: Civil Rights | Criminal Appeals
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0581

    The commonwealth charged defendant with person not to possess a firearm. While the trial was proceeding, the court received an email message with a voice recording from Brandy Wilson, who was set to testify as a character witness for defendant. Wilson said she had been threatened by assistant district attorney Lawrence Sachs. After a hearing, the trial court declared a mistrial sua sponte based on manifest necessity due to prosecutorial misconduct. The trial court later dismissed the charge with prejudice. On appeal, the commonwealth

  • In Re: Estate of Leipold

    Publication Date: 2019-05-06
    Practice Area: Trusts and Estates
    Industry: Financial Services and Banking | Real Estate
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0496

    Trial court erred in denying judicial sale of real property held by an estate, following objection by mortgage holder, when mortgagee's lien would attach to the proceeds and the purchase price was fair and reasonable. Order of the trial court reversed, case remanded.