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Court dismissed prisoner's Eighth Amendment claim where it amounted to a mere disagreement over the course of treatment for vaccine side effects, and there was no allegation that medical staff denied reasonable requests for treatment. Defendants' motion to dismiss granted.
State and federal courts erred in denying evidentiary hearings in collateral relief proceedings where defendant alleged that trial counsel's misstatements regarding parole eligibility influenced defendant's decision to plead guilty, constituting a prima facie claim of ineffective assistance of counsel. Order of the district court reversed, case remanded.
Appellant appealed the denial of its motion to compel arbitration in dispute over teacher's employment and court found the record was inadequate and trial court erroneously resolved a question of fact. Vacated and remanded.
Appellants argued district court erred in holding the Materiality Provision applied to the Pennsylvania law that required a voter to date a mail-in ballot and court found the Materiality Provision was concerned only with the process of determining a voter's eligibility to cast a ballot and the date requirement for casting a mail-in ballot was not covered and did not violate the Materiality Provision. Reversed.
Court correctly granted unpaid rent up to repossession of premises where landlord had followed the statutory eviction procedures and thus could not recover rent after tenant turned over possession. Order of the trial court affirmed.
Appellant appealed his conviction for violating the federal threats statute, contending his threats to injure "others" were constitutionally protected speech, and court found his threats toward "others" were sufficiently particularized and, even if error occurred, it would not have been obvious, would not have affected appellant's substantial rights or the fairness, integrity or reputation of the proceedings. Affirmed.
After the court voted to deny en banc rehearing, a dissenting opinion contended that en banc review was necessary to bind the court to the panel majority's ruling that was contrary to circuit precedent and further argued that the panel's ruling was erroneous. Sur petition denied.
Publication Date: 2024-04-12 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stevens Attorneys:For plaintiff: for defendant: Case Number: 853 MDA 2023
PCRA court could base ruling on remand on the existing evidentiary record after conducting colloquy to confirm that defendant's waiver of counsel was knowing and voluntary, and where defendant did not object to the PCRA court's determination or request a new evidentiary hearing on remand. Order of the PCRA court affirmed.
Defendant moved to dismiss plaintiff's Fair Debt Collection Practices Act claim over collection of homeowner's association assessments and court found the Rooker-Feldman doctrine did not apply and plaintiff stated a plausible FDCPA claim in asserting the account statement she was sent was edited by defendant to include additional fees separate from the state judgments and those edits were not disclosed. Motion denied.
The court denied the Applicants for Lehigh Valley Steam Academy Charter School's Emergency Petition to certify petition for appeal because the petition was 99 entries short of the number required.