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  • Commonwealth v. Howell

    Publication Date: 2024-09-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1419 WDA 2023

    Appellant appealed from the post-conviction court's order denying his petition under the Post Conviction Relief Act. The court affirmed, holding that appellant failed to present a claim cognizable under the PCRA where the crux of his argument was that his case should have been heard in a different venue, namely the county where he physically sold narcotics to a confidential informant.

  • Commonwealth v. Greer

    Publication Date: 2024-08-30
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 386 MDA 2022

    Court erred in ordering Post Conviction Relief Act counsel to file a merits brief where defendant suggested he wished to pursue ineffectiveness claims against counsel. Order of the trial court vacated, case remanded.

  • Mut. Benefit Ins. Co. v. Koser

    Publication Date: 2024-07-19
    Practice Area: Insurance Law
    Industry: Hospitality and Lodging | Insurance | Real Estate
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1340 MDA 2022

    Tenants qualified as co-insureds immune from subrogation claim where they had a reasonable expectation that landlord would obtain fire insurance for the leased premises and would look to that insurance for compensation for fire loss as lease made landlord responsible for insuring his interests. Judgment of the trial court affirmed.

  • Trust of John S. Middleton

    Publication Date: 2024-04-12
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1843 EDA 2022

    Court vacated order compelling trust distributions where there were outstanding questions as to whether the trial court had jurisdiction over the trust following a purported transfer of the trust situs to another jurisdiction. Order of the trial court vacated, case remanded.

  • In re: Trust of John S. Middleton

    Publication Date: 2024-04-12
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2006 EDA 2022

    Settlor's appeal of dismissal of answer for lack of standing quashed where order determining standing was not a final order, appealable as of right, or a collateral order as it merely resolved settlor's claim to statutory standing to participate in proceedings regarding trust. Appeal quashed.

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  • Commonwealth v. Peralta

    Publication Date: 2024-02-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 291 MDA 2023

    Commonwealth lacked sufficient evidence to convict appellant for illegally operating a vehicle without an ignition interlock device where it failed to present evidence that PennDOT notified licensee that his ignition interlock requirement continued after the statutory one-year term until he obtained an unrestricted license. Conviction reversed, judgment of sentence vacated.

  • Commonwealth v. Jennings

    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.

  • Estate of A.J.M.

    Publication Date: 2024-01-29
    Practice Area: Family Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 962 WDA 2022

    Denial of law firm's petition for fees and costs did not itself deprive couple subsequently adjudicated incapacitated of their choice of counsel, but the trial court exercised its discretion to deny fees and costs where it found the firm's services to be unreasonable or unnecessary. Orders of the trial court affirmed.

  • Mut. Benefit Ins. Co. v. Koser

    Publication Date: 2023-12-25
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1340 MDA 2022

    Trial court properly granted tenants' motion for judgment on the pleadings in landlord's insurer's subrogation action over fire allegedly caused by tenants' candle because, under the lease, it was reasonable for tenants to expect that landlord would look only to the insurance policy for compensation for fire loss covered by the policy, tenants were implied co-insureds under the policy and insurer was precluded from presenting a subrogation claim against them. Affirmed.

  • Commonwealth v. Harrison

    Publication Date: 2023-12-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 519 MDA 2022

    Trial court did not err in denying nolle pros following death of a commonwealth witness where trial court found the witness's testimony was not critical to secure a conviction. Order of the trial court affirmed.