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The trial court erred when it sentenced defendant, who was a juvenile when he committed murder, to life without the possibility of parole as the commonwealth presented no evidence regarding defendant's inability to be rehabilitated and, thus, failed to rebut the presumption against life without parole as an appropriate individualized sentence. The appellate court vacated defendant's sentence and remanded for resentencing.
Failure to certify foreign judgment left the trial court without jurisdiction since there was a fatal defect on the record before the court being asked to enforce the judgment. Order of the trial court reversed.
Publication Date: 2019-12-16 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Ott Attorneys:For plaintiff: for defendant: Case Number: 19-1442
Motion to modify sentence was properly dismissed as an untimely post-sentence motion where defendant failed to demonstrate breakdown in court process excusing the untimely filing. Order of the trial court affirmed.
Prison inmate's failure to supervise claim based on supervisory liability constituted impermissible extension of Bivens framework where prisoners had adequate remedies and such claims implicated matters of prison administration. Defendants' motion for judgment on the pleadings granted in part and denied in part.
Defendant moved to dismiss plaintiff's Fair Debt Collection Practices Act, Pennsylvania Unfair Trade Practices and Consumer Protection Law, Pennsylvania Fair Credit Extension Uniformity Act and 11 U.S.C. §524 claims over the way defendant handled plaintiff's post-bankruptcy mortgage payments and court found defendant was not a debt collector under the FDPCA, plaintiff could not show justifiable reliance to support his UTPCPL claim, purchase money mortgages were excluded from coverage under the FCEUA and there was no private right of a
Plaintiff waived her claim for post-trial relief from a jury verdict of zero compensatory damages based on an allegedly erroneous jury charge where her counsel had ample opportunity to raise the objection during trial but failed to do so. The court denied plaintiff's motion for a new trial.
Defendant moved for a motion in limine to exclude prior conviction evidence prosecution proffered under F.R.E. 404(b) and court found prosecution failed to satisfy the first or second step in the rule 404(b) process. Motion granted.
The appellate court refused to disturb a $70 million verdict awarded to a young man suffering from gynecomastia, i.e., the enlargement or swelling of breast tissue in males, as a result of taking defendants' pharmaceutical product since the verdict was not inconsistent with the evidence of his suffering due to the social consequences of his severe and permanent disfigurement. The appellate court affirmed in relevant part.
Publication Date: 2019-12-16 Practice Area:Criminal Appeals Industry: Court:Superior Court Judge:Judge Bender Attorneys:For plaintiff: for defendant: Case Number: 19-1435
The evidence of record supported defendant's conviction for obstructing the administration of law or other governmental function where he refused to submit to a blood draw despite being served with a valid search warrant secured by police. The appellate court affirmed defendant's judgment of sentence.
Defendant's motion for summary judgment in copyright infringement case denied where claims properly sounded in copyright rather than breach of contract as the claims alleged unauthorized use of copyrighted work, rather than a simple failure to pay invoices. Parties' cross-motions for summary judgment denied.
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