• Commonwealth v. Brown

    Publication Date: 2019-07-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0753

    The trial court did not err in denying defendant's motion to dismiss the assault charges at bar, which relied on the compulsory joinder rule, as the assault charges and previously adjudicated traffic offenses were based on a different set of facts constituting two separate and discrete criminal episodes. The appellate court affirmed defendant's judgment of sentence.

  • In the Interest of: R.E.L., a minor

    Publication Date: 2019-06-10
    Practice Area: Family Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0677

    Commonwealth's failure to respond to a petition to expunge juvenile records did not equate to the statutorily required consent to expungement. Order of the trial court reversed.

  • Commonwealth v. Smith

    Publication Date: 2019-06-03
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0648

    Motion to suppress statements correctly denied where police's statements to juvenile offender did not affect the knowing or voluntary nature of the juvenile's Miranda waiver. Judgment of sentence affirmed.

  • T.M. v. H.M.

    Publication Date: 2019-05-06
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0521

    Trial court did not abuse its discretion in awarding primary physical custody to mother and denying father's petition to increase his physical custody. Affirmed.

  • Vaughan v. Olympus America, Inc.

    Publication Date: 2019-04-29
    Practice Area: Personal Injury
    Industry: Health Care | Manufacturing
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0476

    Trial court abused its discretion in dismissing decedent's administrator's negligence and fraud claims against medical device maker for lack of personal jurisdiction and dismissing other defendants on forum non conveniens grounds because device maker engaged in relevant acts with an in-state company that was also its agent sufficiently to support specific jurisdiction and the private and public factors supported Philadelphia as the forum. Reversed.

  • Commonwealth v. Dix

    Publication Date: 2019-04-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0450

    While the police officers involved in defendant's arrest did approach him with guns raised when they suspected defendant was reaching for a concealed weapon, the fact that the officers had their guns drawn did not, under the totality of the circumstances, render the stop a custodial detention. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Ligon

    Publication Date: 2019-03-25
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0313

    Where the prosecutor's use of the term "cold-blooded killer" in closing arguments directly related to defendant's alleged actions and the mens rea required for the crime charged and the use of the term constituted an isolated use of oratorical flair, defendant was not entitled to relief based on counsel's failure to object. The appellate court affirmed a trial court order denying defendant's petition for relief under the Post Conviction Relief Act.

  • In the Interest of N.A.D.

    Publication Date: 2019-03-18
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0287

    Trial court properly found minor guilty of aggravated assault, where he punched victim in the jaw, knocked him unconscious and broke his jaw, because minor's behavior preceding the attack and the force of the blow combined with the sneak attack sufficiently raised an inference that minor acted recklessly and manifested extreme indifference to the value of human life. Affirmed.

  • Commonwealth v. Roane

    Publication Date: 2019-03-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0267

    Evidence was sufficiently weighty to support conviction for sex offenses where victim was able to testify in detail about multiple incidents of sexual assault and was able to testify that the assaults occurred over a several-week period, even though the victim could not recall the exact dates and times when the assaults occurred. Judgment of sentence affirmed.

  • Commonwealth v. Fitzpatrick

    Publication Date: 2019-03-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0226

    The trial court properly admitted into evidence a murder victim's planner note under the state-of-mind exception to the hearsay rule but erred in admitting an email from the victim under the same exception since the email was a recount of her memory or belief to prove a fact remembered, though the error was harmless. The appellate court affirmed defendant's judgement of sentence.