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judge:"Steven Andrews"
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topic:"Civil Appeals"
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Defendant moved to suppress his statements to police and for dismissal of an information due to excessive and prejudicial delay in his arrest. The court denied the motion to suppress where defendant's statements to police were made knowingly, intelligently and voluntarily after defendant chose to waive his Miranda rights. The court denied defendant's motion to dismiss without prejudice to his raising the issue at trial if he could demonstrate actual prejudice due to Commonwealth's eight-year delay in bringing charges.
In this case involving adverse possession of land fenced in by appellee and her late husband to make a side yard in 1988, the court asked the Superior Court to affirm its ruling in favor of appellee.
Publication Date: 2024-02-16 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Murray Attorneys:For plaintiff: for defendant: Case Number: 1422 WDA 2022
Appellant appealed from the trial court's judgment of sentence imposed after her non-jury conviction of one count of receiving stolen property. The court held that the trial court reasonably prohibited appellant from having contact with her boyfriend as a special condition of probation where the record indicated that the boyfriend was leading appellant into a life of crime.
Defendant township sought summary judgment in plaintiff's action alleging personal injuries due to a defective condition of a road. The court granted in part and denied in part defendant's summary judgment motion.
Publication Date: 2024-02-16 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Bender Attorneys:For plaintiff: for defendant: Case Number: 2382 EDA 2022
Trial court erred in modifying probation to add special conditions when it did not make any findings that defendant violated the existing conditions of probation or otherwise posed an identifiable threat to public safety. Order of the trial court vacated, case remanded.
Defendant appealed his conviction for healthcare fraud and wire fraud, challenging the denial of his motion to admit various statements made by a witness who was not called by the government, and the district court's calculation of attributable loss and application of sentencing enhancements.