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June 2, 2017 | The Legal Intelligencer
The tax court correctly concluded that it lacked jurisdiction to consider appellant's untimely petition, even though an IRS letter gave appellant an incorrect date, because the 90-day deadline in §6015 was jurisdictional and the tax court lacked the authority to consider untimely petitions. Affirmed.
By thelegalintelligencer | The Legal Intelligencer
1 minute read
June 2, 2017 | The Legal Intelligencer
Defendant was not entitled to suppression of evidence where probable cause existed for the search warrant, and the commonwealth's technical violation in failing to extend a sealed warrant did not raise a constitutional issue or prejudice defendant.
By thelegalintelligencer | The Legal Intelligencer
1 minute read
June 2, 2017 | The Legal Intelligencer
Trial court was authorized to modify restitution order to change payee from victim to victim's estate because executor/administrator stood in the shoes of the deceased victim with respect to entitlement to benefits, and no statutory provisions provided for extinguishment of restitution benefits upon a victim's death. Order of the trial court affirmed.
By thelegalintelligencer | The Legal Intelligencer
1 minute read
June 2, 2017 | The Legal Intelligencer
The court's decision to sentence defendant to a period of incarceration following her probation violation was not excessive or unreasonable. Defendant had a history of alcohol abuse and prior misconduct, and incarceration protected the interest of the public.
By thelegalintelligencer | The Legal Intelligencer
1 minute read
June 2, 2017 | The Legal Intelligencer
Municipality properly denied land development plan application where, although certain grounds for denial were easily correctable technicalities, there were other clear, substantive issues of noncompliance that were unchallenged by applicant, which provided sufficient grounds for denial. Order of the trial court affirmed.
By thelegalintelligencer | The Legal Intelligencer
1 minute read
June 2, 2017 | The Legal Intelligencer
Trial court correctly refused to terminate father's parental rights because CYS failed to show grounds for termination existed under §2511(a)(1) or (a)(2) because father maintained contact and visitation with child throughout his incarceration and regularly visited the child since his release. Affirmed.
By thelegalintelligencer | The Legal Intelligencer
1 minute read
June 2, 2017 | The Legal Intelligencer
Trial court did not err in refusing to charge jury on element of malice derived from third-degree murder offense where such element was not a part of the statutory offenses of torture of a police animal and animal cruelty. Judgment of sentence affirmed.
By Carley Meiners | The Legal Intelligencer
1 minute read
June 2, 2017 | The Legal Intelligencer
District court erred in holding that 40 Pa. Stat. §638 was ambiguous and granting insurance proceeds to manager and insurer of beach club that burnt because the subsection of §638 relevant to the case referred only to the "named insured" and appellant had no legally cognizable property interest in the entirety of the insurance proceeds where §638 made the receipt of those proceeds conditional on satisfying the delinquent taxes. Reversed.
By thelegalintelligencer | The Legal Intelligencer
1 minute read
June 2, 2017 | The Legal Intelligencer
District court erred in denying habeas relief on appellant's ineffective assistance of counsel claim based on trial counsel's failure to challenge the trial court's erroneous 'Kloiber' jury instruction because appellant's procedural default was excused and the trial court's deviation from the language in 'Kloiber' basically told jurors that they had to accept the officer's eyewitness identification and were not free to question it. Vacated and remanded.
By thelegalintelligencer | The Legal Intelligencer
1 minute read
June 1, 2017 | The Legal Intelligencer
On May 27, 2014, plaintiff Karyn Lynn Dubois, 46, a cashier, was standing on her front porch, at 340 Centre Ave., in Oakdale, when the porch collapsed and she fell about eight feet, into the basement. She claimed foot and neck injuries.
By thelegalintelligencer | The Legal Intelligencer
1 minute read
Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.
Celebrate outstanding achievement in law firms, chambers, in-house legal departments and alternative business structures.
The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.
We are seeking an associate to join our Employee Benefits practice. Candidates should have three to six years of employee benefits experienc...
Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...
Company Description CourtLaw Injury Lawyers is an established Personal Injury Law Firm with its primary office located in Perth Amboy, New J...
MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS