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Publication Date: 2024-02-12 Practice Area:Criminal Law Industry: Court:U.S. Court of Appeals for the Third Circuit Judge:Justice Hardiman Attorneys:For plaintiff: Jonathan M. Petty and Stephen Turano for defendant: Sabrina G. Comizzoli and Mark E. Coyne (Office of United States Attorney) Case Number: 22-2060
Federal Jurisdiction over Murder-for-Hire and Witness Tampering Charges Established When Defendant Called/Email Purported Hitman and Traveled Interstate to Meet Him
Publication Date: 2024-02-09 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Bowes Attorneys:For plaintiff: for defendant: Case Number: 231 MDA 2023
Trial court violated defendant's ex post facto rights by sentencing him under a criminal statute that became effective after defendant's criminal conduct. Judgment of sentence vacated, case remanded.
Publication Date: 2024-02-09 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Kunselman Attorneys:For plaintiff: for defendant: Case Number: 467 WDA 2023
Orphans' court properly denied mother's petition to have godmother adopt child because mother's proposed adoption did not satisfy the purpose of the Adoption Act's relinquishment requirement, the proposed adoption would not create a new parent-child relationship, nor would it protect the integrity and stability of a new family unit. Affirmed.
In its §1925(a) opinion, the court urged the Commonwealth Court to affirm its orders overruling appellants' preliminary objections to the amended complaint that alleged negligence on the part of the School District and Charter School for failure to conduct or review appropriate pre-employment background checks of bus driver Charles Johnson and failure to prevent him from contact with minors.
Court overruled precedent upholding constitutionality of Coverage Exclusion in the Abortion Control Act since the exclusion created a discriminatory distinction between the sexes and thus was presumptively unconstitutional under the Equal Rights Amendment. Orders of the commonwealth court reversed, case remanded.
Petitioner, sentenced to life imprisonment without parole, argued 61 Pa.C.S. §6137(a)(1) was unconstitutional and that he qualified as a "child" under the Pennsylvania Juvenile Act due to his age of 20 years old at the time of his arrest and low IQ. Court interpreted the petition as one "in the nature of [an] application forpost-conviction relief" and found that given the action was not ancillary to any proceedings within the appellate jurisdiction of the court and court lacked jurisdiction over the petition. Preliminary objections s
Orphans' court erred in awarding attorneys' fees and costs to nonprofit foundation directors under §5782(c), in action alleging directors had exercised undue influence and breached their fiduciary duties, because neither the plain language of §5782(c) nor the parties' compromise permitted orphans' court to award attorneys' fees and costs against individuals who were never members and who could not bring a derivative action in the first place. Reversed.
Publication Date: 2024-02-09 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Stabile Attorneys:For plaintiff: for defendant: Case Number: 1774 EDA 2023
Trial court committed legal error by preventing child's legal and best interest attorneys from participating in child's in camera interview in contravention of Pa.R.J.C.P. 1128(A)-(B) and 1134 during a dependency and reunification hearing. Vacated.