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Publication Date: 2018-11-06
Practice Area: Criminal Law | Evidence
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1326
Commonwealth presented sufficient evidence to convict defendant of luring a child into a vehicle where he offered minors bottled drinks that he held close to his body while sitting inside his vehicle such that the minors would have to enter defendant's area of control near or inside his vehicle. Judgment of sentence affirmed.
Publication Date: 2018-11-06
Practice Area: Civil Rights | Evidence
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Lenihan
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1332
Defendants county and drug task force police officer moved to dismiss plaintiff's false arrest, malicious prosecution, fabrication of evidence and failure to train claims and court found the false arrest claim was time barred but plaintiff sufficiently pled plausible facts to sustain the other claims. Motion granted in part and denied in part.
Publication Date: 2018-10-30
Practice Area: Civil Rights | Criminal Law | Evidence
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1291
Confession and derivative physical evidence were properly suppressed where police continued interrogation after suspect unequivocally invoked right to silence and interrogators coerced suspect into abandoning his rights by claiming suspect would lose opportunity for leniency if he did not cooperate. Order of the superior court affirmed.
Publication Date: 2018-10-30
Practice Area: Criminal Law | Evidence
Industry: State and Local Government
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1286
The trial court properly granted defendant's motion to suppress evidence where the arresting officer's extra-jurisdictional stop of defendant violated the Municipal Police Jurisdiction Act in the absence of evidence that she was an immediate clear and present danger to person or property. The appellate court affirmed an order granting defendant's motion to suppress.
Publication Date: 2018-10-30
Practice Area: Constitutional Law | Evidence
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1299
Superior court properly found that appellant consented to a search of her vehicle during a legal investigative stop, even though officer told her "goodnight" and turned away after giving her a traffic citation before he again questioned her and she gave the consent, because the totality of the circumstances, including the odor of marijuana and passenger's furtive movements, gave officer reasonable suspicion to conduct the second detention and the consent to search was valid. Affirmed.
Law Journal Press | Digital Book
Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown
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Publication Date: 2018-10-30
Practice Area: Criminal Law | Evidence
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1287
The trial court properly held that facts unknown to a petitioner for purposes of the newly discovered exception to the Post Conviction Relief Act statute of limitation cannot be information previously known and a matter of public record, but merely presented through a newly-discovered source. The appellate court affirmed an order denying defendant post-conviction relief.
Publication Date: 2018-10-30
Practice Area: Criminal Law | Evidence
Industry:
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1295
Scope of consent to search during traffic stop did not encompass 40-minute delay for canine search because a reasonable person would understand their consent to be for a hand search immediately performed by officers. Order of the superior court reversed.
Publication Date: 2018-10-16
Practice Area: Evidence | Trusts and Estates
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Carrafiello
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1155
Mother was entitled to the relief sought in her petition for forfeiture of father's share of wrongful death proceeds arising from the death of their minor child where father failed to support the child during the last year of his life. The court recommended affirmance of its order granting mother's forfeiture petition.
Publication Date: 2018-10-16
Practice Area: Evidence | Motor Vehicle Torts
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Kennedy
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1188
Defendants in this motor vehicle accident matter were not entitled to a new trial, because the trial court did not abuse its discretion, and adequate evidence existed in the record to support all of plaintiffs' claims.
Publication Date: 2018-10-16
Practice Area: Criminal Law | Evidence | Expert Witnesses
Industry:
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1235
Newly-discovered fact exception to Post-Conviction Relief Act time bar applicable where PCRA counsel was ineffective per se by failing to timely file petition and where petitioner was unaware and could not ascertain the untimeliness of the petition. Order of the superior court reversed, case remanded.
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