• Commonwealth v. Bernal

    Publication Date: 2018-12-25
    Practice Area: Criminal Law | Judges
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1551

    Trial judge erred in denying motion for recusal where her imposition of a statutory maximum sentence, following vacatur of that sentence, combined with indications that the judge had predetermined the new sentence prior to hearing arguments of counsel and had chastised defense counsel for her vigorous representation of defendant, gave rise to questions about the trial judge's impartiality in the present case. Judgment of sentence vacated, case remanded.

  • Commonwealth v. McCauley

    Publication Date: 2018-12-10
    Practice Area: Judges
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1495

    The trial court judge abused her discretion in denying defendant's motion for recusal where defendant provided enough evidence to raise substantial doubt as to the judge's ability to preside impartially over the defendant sex offender's sentencing hearing and provide him with a fair tribunal. The appellate court vacated and remanded for further proceedings.

  • Commonwealth v. Banks

    Publication Date: 2018-11-13
    Practice Area: Court Administration | Criminal Appeals | Judges
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1370

    An assigned judge's temporary and planned medical absence would not likely constitute an extraordinary circumstance sufficient to meet the requirements of Pa.R.Crim.P. 700; however, defendant was not entitled to a new probation violation hearing since he consented to a newly assigned judge's authority to preside over his case.

  • Dolan v. Hurd Millwork Co., Inc. et al

    Publication Date: 2018-10-30
    Practice Area: Civil Appeals | Deals and Transactions | Judges
    Industry: Construction | Real Estate
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1290

    Where the trial court's Pa.R.A.P. 1925(b) opinion is deemed inadequate and the trial judge is unavailable to provide a supplemental opinion, the appellate court should review the legal issues raised in appellant's rule 1925(b) statement of errors complained of on appeal. The high court reversed and remanded.

  • Rumanek v. Indep. Sch. Management, Inc.

    Publication Date: 2018-08-15
    Practice Area: Civil Rights | Judges
    Industry: Education
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68251

    A party failed to demonstrate any harm from a judge's failure to disqualify herself due to a conflict of interest, so the motion for relief from the judgment was properly denied.

  • Law Journal Press | Digital Book

    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • Commonwealth v. Enix

    Publication Date: 2018-07-17
    Practice Area: Criminal Law | Judges
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0825

    Defendant was deprived of a fair and impartial trial in this criminal matter where the trial judge lectured the jury extensively regarding the court's own opinion regarding the credibility of the witness upon whose testimony the commonwealth's case against defendant depended. The appellate court vacated defendant's judgment of sentence and remanded.

  • In Re: Segal

    Publication Date: 2017-12-19
    Practice Area: Judges
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1829

    Court of Judicial Disciplines sanction of permanent removal from judicial office lawful where based on judges repeated and willful participation in communications in which she intended to imply that she was making favorable rulings in exchange for political favors. Order of the Court of Judicial Discipline affirmed.

  • In Re: Roca

    Publication Date: 2017-12-19
    Practice Area: Judges
    Industry:
    Court: Supreme Court
    Judge: Judge Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1828

    Removal sanction affirmed where court was limited to reviewing lawfulness of discipline, and where CJD had wide discretion to fashion discipline tailored to individual facts of case. Order of the Court of Judicial Discipline affirmed.

  • Commonwealth v. McClure

    Publication Date: 2017-11-14
    Practice Area: Discovery | Judges
    Industry:
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1023

    The trial court did not err in denying a retired judges motion to quash a subpoena seeking his testimony and records regarding alleged ex parte communications with prosecuting attorneys during defendants trial since the judicial deliberative process privilege did not extend to alleged ex parte communications which may have tainted defendants trial. The court affirmed in part, reversed in part and remanded.