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  • Commonwealth v. Baker

    Publication Date: 2024-02-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 300 WDA 2023

    Court declined to second-guess sentence that deviated below guidelines where trial court adequately considered the totality of the circumstances, including the matters raised in the presentence investigation report and sentencing memorandum, defendant's history, and the strong arguments made by defense counsel. Judgment of sentence affirmed.

  • Commonwealth v. Schifano

    Publication Date: 2024-02-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 264 WDA 2023

    Challenge to sufficiency of evidence supporting conviction for driving under the influence of marijuana failed where medical marijuana was included within the schedule designation under Schedule I of the Controlled Substances Act. Judgment of sentence affirmed.

  • Commonwealth v. Saylor

    Publication Date: 2024-02-02
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 175 MDA 2023

    Ineffective assistance of counsel claims relating to denial of proposed self-defense instructions failed where there was insufficient evidence of defendant's state of mind to support such an instruction. Order of the PCRA court affirmed.

  • Commonwealth v. Marmillion

    Publication Date: 2024-01-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 99 MDA 2023

    Inadvertent omission of guilty finding in bench trial verdict was not the equivalent of a not-guilty verdict, enabling the trial court to correct its omission in the written verdict. Judgment of sentence affirmed.

  • Nationwide Prop. & Cas. Ins. Co. v. Castaneda

    Publication Date: 2023-12-25
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1030 MDA 2022

    Trial court erred in granting judgment to insurer in its declaratory relief action asking court to find the unlicensed driver exclusion in an automobile policy was valid because §1718 of the Motor Vehicle Financial Responsibility Law did not include an unlicensed driver exclusion and thus, the policy's exclusion of coverage for first party medical expenses was not valid. Reversed.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

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

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  • Commonwealth v. Spone

    Publication Date: 2023-12-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1623 EDA 2022

    Evidence was sufficient for jury to infer defendant intended to annoy or alarm other families at her daughter's gym by sending anonymous messages containing students' photos and feigning concern about their behavior as she had no credible reason for not communicating with families directly. Judgment of sentence affirmed.

  • Commonwealth v. Dell

    Publication Date: 2023-12-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2091 EDA 2022

    Appellant appealed trial court's order granting the Pennsylvania Board of Probation and Parole's request to add three conditions to his terms of probation, originally imposed in 2008. The court vacated the trial court's order and remanded for further proceedings.

  • Commonwealth v. Spone

    Publication Date: 2023-11-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1623 EDA 2022

    Court affirmed harassment convictions where there was sufficient evidence for a jury to infer that defendant lacked a legitimate basis to contact families about their children's behavior and instead merely intended to harass, annoy, or alarm the families. Judgment of sentence affirmed.

  • Commonwealth v. Dell

    Publication Date: 2023-11-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2091 EDA 2022

    Trial court erred in adding conditions to probation without evidence that probationer violated existing conditions. Order of the trial court vacated, case remanded.

  • Commonwealth v. Felix

    Publication Date: 2023-10-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3104 EDA 2022

    Allegations of ineffective assistance of plea counsel were belied by defendant's plea colloquies which demonstrated that defendant voluntarily and intelligently entered guilty pleas. Order of the PCRA court affirmed.