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219 results for '* topic:"Constitutional Law"' You can use Search Constraints to get even better search results
Publication Date: 2019-02-05
Practice Area: Constitutional Law | Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0119
The intermediate appellate court erred in concluding that defendant's enhanced sentence for driving while intoxicated was not unconstitutional where he not only refused to submit to blood testing, but also refused to submit to breath testing. The high court vacated defendant's judgment of sentence.
Publication Date: 2019-01-29
Practice Area: Constitutional Law | Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
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for defendant:
Case Number: 19-0080
Evidence of causation sufficient to support murder conviction where another medical examiner, after reviewing the victim's autopsy and medical records, reached an independent conclusion that the victim died from injuries inflicted by defendant and that the victim's subsequent care which kept him alive for several months did not attenuate defendant's criminal liability. Judgment of sentence affirmed.
Publication Date: 2019-01-15
Practice Area: Constitutional Law | Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Elliott
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for defendant:
Case Number: 19-0016
The trial court did not err in ruling that the reinstatement of a third-degree murder charge against defendant was barred on retrial by double jeopardy or laches even though the underlying verdict was inconsistent. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2019-01-15
Practice Area: Constitutional Law | Criminal Appeals | Legislation
Industry:
Court: Superior Court
Judge: Judge Stevens
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for defendant:
Case Number: 19-0018
Since application of the Sex Offender Registration and Notification Act would inflict greater punishment upon defendant than the law in effect when he committed the crimes, the statute could not be applied retroactively to him without violating the ex post facto clause of the state constitution. The appellate court vacated in part defendant's judgment of sentence.
Publication Date: 2019-01-08
Practice Area: Constitutional Law | Insurance Law
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Conner
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1599
Plaintiff moved for summary and declaratory judgment on its takings clause claim and the court found the fifth amendment prohibited the commonwealth from taking plaintiff's assets directly or through a hostile takeover where the commonwealth created plaintiff as a private, nonprofit association over which it retained limited control, in which it had no financial interest and for which it bore no responsibility. Summary judgment and a permanent injunction granted.
Law Journal Press | Digital Book
Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown
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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.
Publication Date: 2018-12-18
Practice Area: Constitutional Law | Regulation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1535
Suspension of driver's license for refusal to submit to chemical testing was not unconstitutional because it was a civil remedy that was not so punitive in nature as to rise to the level of a criminal penalty. Order of the trial court affirmed.
Publication Date: 2018-12-18
Practice Area: Constitutional Law
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Shwartz
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1536
State law restricting size of firearm magazines did not violate Second Amendment rights where restriction did not overly burden citizens' right to possess firearms for self-defense and was narrowly tailored to effect legitimate state interest to reduce casualties from shootings. Order of the district court affirmed.
Publication Date: 2018-12-18
Practice Area: Constitutional Law | Legislation | Tax
Industry: Retail
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1542
Petitioners challenged the constitutionality of the act of October 30, 2017, P.L. 672, No. 43 and the court found it did not violate the original purpose rule or the single subject, clear title and text publication requirements but did impermissibly delegate legislative authority and the court cured that by severing portions of the act. Summary relief granted in part and denied in part.
Publication Date: 2018-12-17
Practice Area: Constitutional Law
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Justice Shwartz
Attorneys: For plaintiff: David H. Thompson, Jose J. Alicea, Peter A. Patterson, and Haley N. Proctor (Cooper & Kirk); Daniel L. Schmutter (Hartman & Winnicki)
for defendant: Jeremy Feigenbaum and Stuart M. Feinblatt (Office of Attorney General of New Jersey, Division of Criminal Justice); Bryan E. Lucas and Evan Andrew Showell (Office of Attorney General of New Jersey); George C. Jones and John H. Suminski (McElroy Deutsch Mulvaney & Carpenter); Jennifer Alampi and Carmine Richard Alampi (Alampi & Demarrais)
Case Number: 18-3170
Injunction on High-Capacity Magazine Restriction Denied Where Restriction Did Not Overly Burden Gun Owners' Constitutional Rights
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