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217 results for '* topic:"Constitutional Law"' You can use Search Constraints to get even better search results
Publication Date: 2018-11-20
Practice Area: Constitutional Law | Criminal Law
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1388
Motion to dismiss on double jeopardy grounds denied despite prior guilty plea to specific crimes listed in new criminal complaint where new complaint sought to prosecute defendant for a broader, statewide conspiracy and commonwealth expressly intended not to punish defendant for those specific criminal episodes. Order of the trial court affirmed.
Publication Date: 2018-11-20
Practice Area: Constitutional Law | Tax
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1385
The personal income tax at issue withstood taxpayers' dormant commerce clause challenge where the taxable event was the disposition of a commercial property in Pittsburgh through foreclosure and the resulting tax was applied to an activity with a substantial nexus to Pennsylvania. The commonwealth court affirmed a Board of Finance and Revenue decision.
Publication Date: 2018-11-13
Practice Area: Constitutional Law | Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1369
Application of Pennsylvania's Sexual Offender Registration and Notification Act as to defendant was not unconstitutional given that the Act did not change his reporting period where defendant was subject to lifetime registration upon his initial conviction. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2018-11-13
Practice Area: Constitutional Law | Criminal Law
Industry:
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1361
Defendant was bound by plea agreement in which he stipulated that withdrawal of his guilty plea would substantially prejudice the commonwealth and the trial court correctly denied his pre-sentence motion for withdrawal. Judgment of sentence vacated in part and affirmed in all other respects.
Publication Date: 2018-11-13
Practice Area: Constitutional Law
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Rambo
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1354
Defendants, correctional facility unit manager and correctional officer, moved to dismiss inmate's action asserting they retaliated against him for a letter he sent complaining about the officer and the court found plaintiff did not satisfy the adverse action element of his retaliation claim because his transfer from one cellblock to another similar cellblock was insufficient to deter a person of ordinary firmness from exercising his constitutional rights, his allegation of the loss of his job showed adverse action but he did not name
Law Journal Press | Digital Book
Authors: Rosemary Alito
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Publication Date: 2018-11-06
Practice Area: Administrative Law | Constitutional Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1322
The trial court did not err in dismissing plaintiff's complaint sua sponte in this case where the complaint constituted prison conditions litigation and plaintiff's pleading failed to state a cause of action against the named defendants. The commonwealth court affirmed an order dismissing plaintiff's complaint.
Publication Date: 2018-11-06
Practice Area: Constitutional Law | Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1320
When the trial court resentenced defendant in light of Commonwealth v. Muniz, it did not impose an illegal sentence in ordering defendant, a sexually violent predator, to register for a period of 25 years under subchapter H of the Sex Offender Registration and Notification Act. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2018-10-30
Practice Area: Constitutional Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1302
DOC exercised its discretion based on security concerns and properly changed a pre-existing discretionary policy regarding inmate's possession of Timberland boots, in inmate's challenge to DOC policy restricting possession of Timberland or Rocky boots, and inmate did not have a constitutionally protected right to possess his boots. Petition dismissed.
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.
Publication Date: 2018-10-16
Practice Area: Administrative Law | Constitutional Law
Industry: Advertising | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1230
The defendant transit company had the discretion to develop and adopt reasonable choices concerning its advertising space, and the evidence of record was insufficient for the court to determine whether the company's standards, employed to reject plaintiff's advertisement, were reasonable. The court denied plaintiff's request for injunctive relief.
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