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  • Commonwealth v. Murphy

    Publication Date: 2019-07-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0839

    The record failed to establish a valid waiver of counsel where the entire exchange on the issue between defendant and the trial judge was truncated and insufficient to demonstrate a colloquy memorializing a knowing and voluntary waiver. The appellate court vacated defendant's judgment of sentence.

  • Commonwealth v. Pacheco

    Publication Date: 2019-07-22
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0837

    The trial court erred in denying defendant's motion to suppress evidence obtained through real-time cell site location information, or CSLI, tracking since an individual maintains a legitimate expectation of privacy in the record of his physical movements captured through both historical and real-time CSLI tracking and, therefore, a warrant supported by probable cause was required. The appellate court vacated defendant's judgment of sentence, reversed in part and remanded.

  • C.H.L. v. W.D.L.

    Publication Date: 2019-07-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0841

    The trial court did not err in awarding wife exclusive possession of the marital residence in a protection from abuse order since the Protection From Abuse Act allows a court to grant a plaintiff exclusive possession of a residence, even where the defendant is the sole owner, if the defendant has a duty to support the plaintiff or minor children living in the residence. The appellate court affirmed.

  • Rice v. Diocese of Altoona-Johnstown

    Publication Date: 2019-07-01
    Practice Area: Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0711

    Trial court erred in dismissing appellant's action for fraud and civil conspiracy against diocese and diocesan officials because defendants were not entitled to judgment on pleadings since it was for the jury to determine if appellant exercised reasonable diligence to toll the statute of limitations, if defendants' silence was fraudulent concealment and if appellant sufficiently alleged a fiduciary relationship. Reversed.

  • Smith v. Wells

    Publication Date: 2019-06-24
    Practice Area: Motor Vehicle Torts | Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0726

    Trial court erred in sending the question of negligence to the jury in an automobile accident case because defendant disobeyed the second clause of 72 Pa. C.S.A. §3361 by driving at a speed that prevented him from fully braking before striking plaintiff's car and he committed negligence per se. Vacated and reversed.

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  • Commonwealth v. Pi Delta Psi, Inc.

    Publication Date: 2019-06-10
    Practice Area: Criminal Law
    Industry: Education
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0660

    Trial court imposed illegal sentence against corporate criminal defendant by barring it from doing business in Pennsylvania as a condition of the probation ordered in the judgment of sentence. Judgment of sentence vacated, case remanded for resentencing.

  • Commonwealth v. Beish

    Publication Date: 2019-04-29
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0481

    The trial court did not deprive defendant of his constitutional due process rights when it found him ineligible for the Recidivism Risk Reduction Incentive program under 61 Pa.C.S. §4503(5) since defendant had no constitutional right or interest in participating in that program. The appellate court affirmed defendant's judgment of sentence.

  • Wright v. Residence Inn by Marriott, Inc.

    Publication Date: 2019-04-29
    Practice Area: Personal Injury
    Industry: Hospitality and Lodging
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0445

    Trial court erred in denying appellant's motion for a new trial in his slip and fall action because trial court erred in precluding appellant's doctor's expert medical testimony on the eve of trial where internist was qualified to testify as an expert and the preclusion of the testimony prejudiced appellant. Reversed, vacated and remanded.

  • Commonwealth v. Muzzy

    Publication Date: 2019-04-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0357

    PCRA petition dismissed where filed more than three years after judgment of conviction became final and where defendant failed to plead or prove any statutory exception to the PCRA time bar. Order of the PCRA court affirmed.

  • Commonwealth v. Mikec

    Publication Date: 2019-03-25
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0318

    Trial court erred in convicting landowner for a second citation for a leaking septic system that was part of an ongoing leakage problem where the legislature authorized only one criminal conviction per continuous violation. Conviction reversed, judgment of sentence vacated.