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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.

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    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • In re Estate of Simpson

    Publication Date: 2023-11-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1042 WDA 2022

    Trial court erred in imposing sanctions on appellant attorney who filed an "Objection to Account (Fraud)" on behalf of his client, decedent's wife, asserting fraud on wife in inducing her to elect to take under the will and trying to withdraw her election and court found appellant mistakenly presented his argument in the wrong format and/or wrong forum and the record did not show his filing was vexatious. Reversed.

  • Commonwealth v. McKnight

    Publication Date: 2023-11-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 66 WDA 2023

    Trial court did not abuse discretion in directing commonwealth's response to bill of particulars seeking clarification on the manner in which defendant allegedly poisoned the victims since such information was directly related to the alleged actus reus and would shape defendant's defense strategy. Order of the trial court affirmed.

  • Trust Under Deed of Garrison

    Publication Date: 2023-08-28
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1429 EDA 2020

    In case disputing the validity of modification agreements to an inter vivos trust, orphans' court properly denied appellants' motion for judgment on the pleadings on the grounds of disputed issues of material fact and court vacated its denial of appellants' petition for declaratory judgment as premature, vacated its decision that estate was not a proper participant to the proceedings and remanded for discovery on the issue of a confidential relationship. Affirmed in part, vacated in part and remanded.

  • Carvell v. Edward D. Jones & Co., L.P.

    Publication Date: 2023-05-29
    Practice Area: Trusts and Estates
    Industry: Investments and Investment Advisory
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 713 MDA 2022

    Trial court erred in not compelling arbitration pursuant to unlimited arbitration clause in account agreement that was expressly binding upon the accountholder's estate. Order of the trial court reversed in part, case remanded.

  • Commonwealth v. Ani

    Publication Date: 2023-05-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1208 MDA 2021

    Commonwealth appealed the trial court's order granting appellee's motion to suppress evidence recovered from the execution of cell phone search warrants. The court affirmed in part, reversed in part, and remanded for further proceedings.