• H.M.H. v. D.J.G.

    Publication Date: 2019-06-03
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0653

    Trial court erred in failing to conduct a hearing on mother's petition for a permanent PFA order after daughter was sexually abused by daughter's first cousin, and in holding that daughter lacked standing because the act mandated an evidentiary hearing and the statutory definition of family was broad and unambiguous. Order vacated.

  • Commonwealth v. Danzey

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

    Case Number: 19-0642

    The trial court did not err in allowing the admission of vulgar and harassing posts defendant made about the victim on social medical accounts where the commonwealth offered sufficient evidence to support the conclusion that defendant was the author of such posts. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Byrd

    Publication Date: 2019-05-20
    Practice Area: Civil Rights | Criminal Appeals
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0581

    The commonwealth charged defendant with person not to possess a firearm. While the trial was proceeding, the court received an email message with a voice recording from Brandy Wilson, who was set to testify as a character witness for defendant. Wilson said she had been threatened by assistant district attorney Lawrence Sachs. After a hearing, the trial court declared a mistrial sua sponte based on manifest necessity due to prosecutorial misconduct. The trial court later dismissed the charge with prejudice. On appeal, the commonwealth

  • In Re: Estate of Leipold

    Publication Date: 2019-05-06
    Practice Area: Trusts and Estates
    Industry: Financial Services and Banking | Real Estate
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0496

    Trial court erred in denying judicial sale of real property held by an estate, following objection by mortgage holder, when mortgagee's lien would attach to the proceeds and the purchase price was fair and reasonable. Order of the trial court reversed, case remanded.

  • In re: Trust Under Agreement of Walker

    Publication Date: 2019-05-06
    Practice Area: Trusts and Estates
    Industry: Investments and Investment Advisory
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0522

    Trial court properly denied daughters' objections to appellee's final accounting as trustee of decedent mother's revocable trust but court affirmed on other grounds because court found daughters lacked standing to appeal since decedent's acquiescence in the investments made by appellee was binding on daughters and they were not aggrieved by appellee's conduct as trustee. Affirmed.

  • Commonwealth v. Carter

    Publication Date: 2019-03-11
    Practice Area: Criminal Appeals
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0262

    In this case involving judicial delay in arraigning defendant, the trial court did not abuse its discretion in finding that the commonwealth failed to exercise due diligence in pursuing defendant's case since the commonwealth had the ability to arraign defendant at any point. The appellate court affirmed a trial court order of dismissal.

  • In the Interest of M.V.

    Publication Date: 2019-02-19
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0180

    Father evidenced intent to relinquish parental claim or to fail to perform parental rights where he initially denied paternity and had limited substantive contact with the child thereafter. Order of the trial court affirmed.

  • Commonwealth v. Baker

    Publication Date: 2019-01-15
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0017

    The evidence at trial and the statutory language in 18 Pa.C.S. §3101 supported defendant's conviction for rape by forcible compulsion where he shot and killed the victim and then had sexual intercourse with her, as time of the victim's death was not dispositive. The appellate court affirmed defendant's judgment of sentence.

  • In re J.C.

    Publication Date: 2018-12-25
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1558

    Order committing appellant under ACT 21 vacated because ACT 21 was unconstitutional since its application constituted punishment because it involved affirmative disabilities, its sanctions were historically regarded as punishment, its operation promoted the traditional aims of punishment, its lifelong provisions were excessive in relation to its stated nonpunitive purpose and it used the incorrect burden of proof. Vacated.

  • Commonwealth v. Sarvey

    Publication Date: 2018-12-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1432

    While the trial court properly held that defendant's crimes did not merge for sentencing purposes given disparate elements, defendant raised a meritorious claim of ineffectiveness of counsel for failing to challenge a clearly harsh sentence imposed for one criminal episode of attempting to pass a small quantity of prescription pills to another inmate. The court reversed and remanded.