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  • In re: Adoption of A.H.

    Publication Date: 2021-03-15
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0267

    The record supported a lower court order terminating mother's parental rights, pursuant to §2511(a)(2) of the Adoption Act, where her mental health disabilities rendered her incapable of parenting her minor son and mother refused to meaningfully treat those mental health conditions in order to remedy her parental incapacity. The superior court affirmed.

  • Dockery v. Thomas Jefferson Univ. Hosp., Inc.

    Publication Date: 2021-03-08
    Practice Area: Medical Malpractice
    Industry: Health Care | State and Local Government
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0248

    Equal protection challenge to medical malpractice venue statute failed where plaintiff failed to demonstrate that the legislature and court lacked any legitimate interest in restricting venue in medical malpractice cases to the county where the cause of action arose. Order of the trial court affirmed.

  • Commonwealth v. Felder

    Publication Date: 2021-03-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0211

    Where the trial court acted within its discretion when it denied defendant's motion for a new trial based on alleged after discovered evidence, the appellate court refused to usurp the trial court's discretional ruling on appeal. The superior court affirmed.

  • Commonwealth v. Bennett

    Publication Date: 2021-02-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0096

    Paying traffic ticket fine was insufficient to trigger the compulsory joinder rule since it did not constitute a "former prosecution" and as such the trial court properly refused to dismiss other felony charges arising from the same incident. Order of the trial court affirmed, case remanded for further proceedings.

  • Commonwealth v. Friedland

    Publication Date: 2020-12-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1409

    PCRA court properly exercised discretion to deny request for appointment of counsel after defendant had validly waived right to counsel, when the request came only after the PCRA court gave notice of its intent to dismiss the PCRA petition without an evidentiary hearing. Order of the PCRA court affirmed.

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    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • Commonwealth v. Santana

    Publication Date: 2020-11-02
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1185

    Trial court erred in convicting defendant for failing to comply with SORNA registration requirements where defendant's criminal offense took place nearly 30 years prior to the adoption of SORNA, such that application of SORNA constituted an ex post facto violation. Judgment of sentence vacated, conviction reversed.

  • Gustafson v. Springfield, Inc.

    Publication Date: 2020-10-12
    Practice Area: Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1112

    Trial court erred in holding that the protection of lawful commerce in arms act was constitutional and in dismissing plaintiffs' negligence and strict liability actions against defendants for manufacturing and selling gun that killed their son because the definition of "qualified-civil-liability action" in the PLCAA was unconstitutional under the tenth amendment and 15 U.S.C. §7902 was without force or effect of law and violated the tenth amendment. Reversed.

  • Garwood v. Ameriprise Fin., Inc.

    Publication Date: 2020-10-05
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1071

    Trial court's bench trial judgment on plaintiffs' Unfair Trade Practices and Consumer Protection Law claim against their insurer and insurance agent affirmed where plaintiffs attempted to raise an improper challenge to the trial court's credibility determination and any sufficiency-of-the-evidence claim was waived for failing to raise it before the trial court. Judgment affirmed.

  • Commonwealth v. Johnson

    Publication Date: 2020-08-03
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0813

    In addressing defendant's ineffective assistance of counsel claim asserted in a Post Conviction Relief Act petition, the lower court disregarded the prejudicial impact prong of Strickland/Pierce by comparing the prosecutorial evidence from the wrong trial to the evidence defendant produced at her PCRA hearing. The superior court vacated and remanded.

  • Commonwealth v. Larkin

    Publication Date: 2020-07-20
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0769

    Although defendant was required to file separate notices of appeal when appealing multiple docket numbers, the trial court's order directing defendant to file "an appeal" or "a notice of appeal" constituted a breakdown of the court system that allowed defendant to avoid quashal of his appeal. Order of the trial court affirmed.