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Publication Date: 2023-12-18
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 32 WAP 2022
Post Conviction Relief Act petition failed where defendant admitted she would have only accepted a plea offer if she had no chance of acquittal, which precluded her from establishing prejudice from trial counsel's alleged deficient advice. Order of the superior court vacated and remanded.
Publication Date: 2023-12-18
Practice Area: Tax
Industry:
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 20 EAP 2022
Because state and local taxes could not be aggregated for purposes of a dormant Commerce Clause analysis, Philadelphia's tax scheme was constitutional where it afforded a credit for local taxes paid by resident who worked in another state, as the city was not obligated to also credit state income taxes paid to the other state. Order of the commonwealth court affirmed.
Publication Date: 2023-12-11
Practice Area: Medical Malpractice
Industry: Health Care
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 22 EAP 2022
No felony conviction recovery rule barred mental health patient from seeking indemnification and damages arising from the patient's intentional murders. Order of the superior court affirmed.
Publication Date: 2023-12-11
Practice Area: Products Liability
Industry: Consumer Products | Manufacturing
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 14 EAP 2022
Trial court erred in concluding corporation did not regularly conduct business in a venue based solely on the percentage of the corporation's national sales that occurred in the venue, where corporation regularly distributed products through authorized dealers located in the venue. Order of the superior court affirmed.
Publication Date: 2023-12-11
Practice Area: Administrative Law
Industry: Construction | State and Local Government
Court: Supreme Court
Judge: Justice Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 20 MAP 2022
Commonwealth court erred in exercising equitable jurisdiction over contractor's challenge to debarment proceedings where state agency's administrative procedures would afford opportunity for contractor to raise its due process and factual challenges, Order of the commonwealth court reversed and remanded.
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Publication Date: 2023-12-04
Practice Area: Criminal Law
Industry: Technology Media and Telecom
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 19 WAP 2022
Summary document created by ShotSpotter testimony was nontestimonial in nature because its primary purpose was to assist law enforcement with responding to a potential ongoing emergency rather than to document past events for criminal prosecution, and thus the summary's admission did not violate defendant's Confrontation Clause rights. Order of the superior court affirmed.
Publication Date: 2023-11-13
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 794 CAP
Commonwealth committed Brady violation by failing to disclose mental health records in its possession relating to defendant's co-defendant, who provided key testimony at defendant's trial, where the records were relevant as they diagnosed co-defendant with sociopathic tendencies and thus could have been used to damage the credibility and reliability of his testimony. Order of the PCRA court affirmed.
Publication Date: 2023-11-06
Practice Area: Family Law
Industry:
Court: Supreme Court
Judge: Justice Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 13 MAP 2023
Parents could not immediately appeal trial court order determining that grandparents had standing to pursue partial custody of parents' children where parents' fundamental rights would not be irreparably harmed or lost in the absence of immediate appellate review since appellate courts could review the issue of standing on appeal from a final custody order. Order of the superior court affirmed.
Publication Date: 2023-10-16
Practice Area: Legislation
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 22 EAP 2021
Act 12 of 2019 did not violate the legislative enactment requirements under Article III of the Pennsylvania Constitution where the bill's provisions were related to the single subject of benefits for low-income individuals and the bill's initial purpose of eliminating the commonwealth's cash assistance program in favor of health-related benefits. Order of the commonwealth court affirmed.
Publication Date: 2023-10-16
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 17 WAP 2022
Appellant appealed the Superior Court's holding that a trial court lacked jurisdiction to correct a patent and obvious error in a sentencing order where the defendant's request for correction fell outside the time limits of the Post Conviction Relief Act. The court held that it was unnecessary to reach that issue where there was no patent and obvious sentencing error in the first instance.
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