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  • Commonwealth v. Urwin

    Publication Date: 2019-09-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1112

    PCRA petition denied where defendant failed to provide evidence to support his allegation that the trial judge was under the influence of cocaine during defendant's trial. Order of the PCRA court affirmed.

  • Commonwealth v. Brensinger

    Publication Date: 2019-09-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1087

    PCRA defendant entitled to pro se prisoner exception under newly-discovered facts exception where there was no evidence that any attorney had agreed to represent defendant prior to a timely date. Order of the PCRA court reversed, case remanded.

  • Commonwealth v. H.D.

    Publication Date: 2019-09-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1056

    The trial court erred in requiring defendant to establish that her belief that her child was in danger was "reasonable" in order to establish a defense to the charge of interfering with the custody of a child as there is no mention of a reasonable person standard in the statute. The appellate court reversed and remanded.

  • Commonwealth v. Akhmedov

    Publication Date: 2019-08-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0940

    While motor vehicle crashes seldom give rise to proof of the malice required to sustain a conviction for third degree murder, the evidence was sufficient to support defendant's convictions where the circumstances plainly warned him that his conduct while participating in drag races on public roads was nearly certain to result in a serious or fatal disaster. The appellate court affirmed defendant's convictions.

  • Commonwealth v. Williams

    Publication Date: 2019-08-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0905

    Defendant entitled to new trial through PCRA relief where defendant obtained newly-discovered evidence of criminal misconduct by affiant of underlying search warrant and the only commonwealth witness at trial, causing the commonwealth to stipulate that it no longer stood by the credibility of the witness. Order of the trial court reversed, case remanded.

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  • Commonwealth v. Culsoir

    Publication Date: 2019-05-27
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0625

    Where the trial court utilized a bifurcated sentencing procedure, but defendant's charges issued from the same docket number, he successfully secured appellate review of all previous non-final orders where he filed an appeal from the order that disposed of all remaining claims at the relevant docket number. The appellate court affirmed defendant's judgment of sentence on the merits.

  • Commonwealth v. Mercado

    Publication Date: 2019-03-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0285

    The trial court erred in granting defendant's motion to suppress evidence of his use of marijuana prior to and/or while operating a motor vehicle since the selection of the location and operation of the checkpoint where defendant was stopped met the constitutional requirements for such a stop, including considerations of safety. The appellate court reversed and remanded.

  • Commonwealth v. Conte

    Publication Date: 2018-11-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1368

    The trial court did not abuse its discretion in departing from the sentencing guidelines where the court considered the general standards for sentencing in 42 Pa.C.S. §9721(b), including the victim's age, her continued suffering and defendant's lack of remorse. The appellate court affirmed defendant's sentence.

  • Commonwealth v. Fernandez

    Publication Date: 2018-09-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1099

    Pursuant to the state high court's 2017 decision in Commonwealth v. Muniz, the trial courts could not impose retroactively upon defendants the increased registration requirements in the Sex Offender Registration and Notification Act, regardless of whether defendants accepted plea bargains or were convicted at trial. The appellate court reversed trial court orders imposing increased sexual offender registration requirements.

  • Dean v. Bowling Green-Brandywine CRC Health Grp., Inc.

    Publication Date: 2018-07-24
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0860

    Physicians not entitled to limited immunity under the Mental Health Procedures Act where they did not treat decedent for mental illness and their treatment occurred prior to psychiatric evaluation and was therefore not contemporaneous medical treatment. Judgment of nonsuit affirmed in part and reversed in part.