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  • Commonwealth v. Price

    Publication Date: 2019-02-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0157

    Stop and frisk supported by reasonable suspicion when police responded a minute after receiving a 911 call, which provided a matching description and indicated the subject's movements, inferring a contemporaneous observation and, with the tracking and recording of 911 calls, making it sufficiently reliable. Judgment of sentence affirmed.

  • Am. S. Ins. Co., Inc. v. Halbert

    Publication Date: 2019-02-05
    Practice Area: Contracts
    Industry: Construction | Insurance
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0122

    The trial court did not err in granting plaintiff summary judgment in this action seeking damages arising from its performance under the surety bond, where defendants cited no evidence to controvert the evidence relied upon by plaintiff or to support their claims of a contract of adhesion. The appellate court affirmed an order granting plaintiff summary judgment.

  • Commonwealth v. Fill

    Publication Date: 2019-01-22
    Practice Area: Civil Rights | Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0057

    The trial court erred in not affording defendant the assistance of counsel at hearing on the commonwealth's motion resulting in a reduction of his credit for time served since defendant was entitled to such assistance at that critical stage in the proceedings and he did not forfeit the right to counsel through misconduct. The appellate court reversed and remanded.

  • Commonwealth v. Creary

    Publication Date: 2019-01-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1582

    In this case of first impression, the appellate court held that a determination on whether a party may rehabilitate a witness with the facts underlying a crimen falsi conviction used for impeachment is left to the discretion of the trial court and that the trial court did not abuse its discretion in allowing the commonwealth to rehabilitate the complainant with the facts underlying his prior conviction. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Rominger

    Publication Date: 2018-12-10
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1487

    Excessive sentence challenge, based on longer sentence imposed at resentencing, denied where defendant's new aggregate minimum sentence was shorter and the need to change defendant's sentence was required due to errors and lack of clarity in defendant's original sentence. Judgment of sentence affirmed.

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  • Commonwealth v. Hall

    Publication Date: 2018-12-10
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1493

    There was enough circumstantial evidence of defendant's possession of drug-related evidence where the evidence produced at trial, when taken together, linked him to the specific areas of an apartment where illegal drugs and drug paraphernalia were found. The appellate court affirmed defendant's judgment of sentence.

  • In re: Adoption of K.C., a minor

    Publication Date: 2018-12-04
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1436

    Involuntary termination of parental rights affirmed where credible evidence demonstrated parent made only one inappropriate attempt to contact child in the six months prior to filing of the termination petition. Order of the trial court affirmed.

  • Commonwealth v. Hart

    Publication Date: 2018-12-04
    Practice Area: Criminal Appeals | Discovery
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1433

    Defendant was entitled to an evidentiary hearing to determine the timeliness of his second petition for post-conviction relief where there were disputed issues of fact regarding whether he satisfied his burden of proof on the discovery rule exception to the timeliness requirement. The appellate court vacated and remanded for further proceedings.

  • Commonwealth v. Banks

    Publication Date: 2018-11-13
    Practice Area: Court Administration | Criminal Appeals | Judges
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1370

    An assigned judge's temporary and planned medical absence would not likely constitute an extraordinary circumstance sufficient to meet the requirements of Pa.R.Crim.P. 700; however, defendant was not entitled to a new probation violation hearing since he consented to a newly assigned judge's authority to preside over his case.

  • Commonwealth v. Irick

    Publication Date: 2018-08-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0972

    The court of common pleas lacked jurisdiction to grant defendant's motion to suppress evidence, which motion the municipal court had denied, since a criminal defendant facing trial in municipal court may only petition for certiorari after sentencing. The court vacated and remanded.