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  • Commonwealth v. Dischman

    Publication Date: 2018-09-18
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1057

    The trial court did not err in concluding that it could not impose liability under Chapter 26 of the Crimes Code, i.e., the Crimes Against the Unborn Child Act, upon a pregnant woman regarding alleged crimes against her unborn child. The appellate court affirmed an order dismissing an aggravated assault charge against defendant.

  • Davis v. Borough of Montrose

    Publication Date: 2018-08-28
    Practice Area: Contracts | Landlord Tenant Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1019

    Trial court erred in decreasing landlord's breach damages by amount she could have obtained if she had successfully relet premises. Judgment vacated, case remanded for rehearing.

  • Commonwealth v. Becker

    Publication Date: 2018-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0824

    The lower court did not err in find that the conduct of troopers who prevented counsel from contacting defendant while he was being interrogated for a second time did not vitiate defendant's otherwise knowing, intelligent and voluntary waiver of his Miranda rights. The appellate court affirmed the trial court's order denying defendant relief under the Post Conviction Relief Act.

  • Commonwealth v. Diaz

    Publication Date: 2018-07-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0804

    At a civil contempt proceeding for failure to pay court-ordered fines and costs, indigent defendants have a right to appointed counsel upon a determination of a likelihood of imprisonment and, therefore, defendant was entitled to relief on appeal from his civil contempt conviction. The appellate court vacated the trial court's order and defendant's payment plan and remanded for further proceedings.

  • Phelps v. Caperoon

    Publication Date: 2018-07-10
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0811

    Trial court properly awarded damages to buyer in his action based on seller's failure to provide a RESDL disclosure statement in a house sale. Vacated and remanded.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

    View this Book

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  • Commonwealth v. Smetana

    Publication Date: 2018-07-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0808

    Trial court erred in imprisoning defendant for contempt for failure to pay court-ordered costs and fines without determining defendant's ability to pay and willful failure to pay. Order of the trial court reversed, case remanded.

  • Commonwealth v. Arcelay

    Publication Date: 2018-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0785

    Defendant, a retired Army reservist, failed to establish that the trial court lacked jurisdiction over the summary citation he received for animal cruelty occurring on the Willow Grove Naval Air Station base. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Diaz

    Publication Date: 2018-05-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0565

    At a civil contempt proceeding for failure to pay court-ordered fines and costs, indigent defendants have a right to appointed counsel upon a determination of a likelihood of imprisonment and, therefore, defendant was entitled to relief on appeal from his civil contempt conviction. The appellate court vacated and remanded for further proceedings.