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Publication Date: 2018-01-09 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Ransom Attorneys:For plaintiff: for defendant: Case Number: 17-1896
While defendant demonstrated recklessness in driving at an excessive rate during a drag race, there was no evidence of the sustained, purposeful recklessness necessary to prove a knowing and conscious disregard that death or serious bodily injury was reasonably certain to occur necessary to support his four convictions for murder in the third degree. The appellate court reversed defendants convictions in part.
Publication Date: 2018-01-09 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Solano Attorneys:For plaintiff: for defendant: Case Number: 17-1898
The record did not support defendants conviction for disorderly conduct based on her angry use of the f-word or her conviction for possession of a dangerous weapon in a court facility, as her pocketknife did not constitute a dangerous weapon for purposes of 18 Pa.C.S. §913(a)(1). The appellate court vacated defendants judgment of sentence.
Trial court properly refused to compel police pension fund to pay survivors benefits to appellant after Orphans Court ruled that she was deceaseds common-law wife because the fund plan mandated exhaustion of contractual remedies, appellant did not appeal the funds prior adjudication that she did not prove the marriage and the plan decision was final and binding.
Where real property was sold at a sheriffs sale and later subject to redemption, appellant was not entitled to recover cost of repair where it failed to show such repairs were reasonable and necessary expenses actually paid.
Publication Date: 2018-01-09 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Dubow Attorneys:For plaintiff: for defendant: Case Number: 17-1899
The trial court erred in prohibiting the commonwealth from calling a police officer to testify at trial as a remedy for the commonwealths purported discovery violation where the requested material was not mandatory discovery under Pa.R.Crim.P. 573(B)(1)(a). The court reversed the trial courts discovery sanction order and remanded.
Defendants sexually violent predator designation did not unlawfully increase the length of his registration period where he was convicted of aggravated indecent assault, a Tier III offense, which required him to register quarterly for life, regardless of the SVP designation. The court recommended affirmance of its sentencing order.
Publication Date: 2018-01-09 Practice Area:Real Estate Industry: Court:Superior Court Judge:Judge Dubow Attorneys:For plaintiff: for defendant: Case Number: 17-1913
Trial court erred in granting partition because a restriction in the deed precluded appellee from filing an action in partition without the express written consent of two of the three deed holders. Reversed.
Publication Date: 2018-01-09 Practice Area:Real Estate Industry: Court:Commonwealth Court Judge:Judge Colins Attorneys:For plaintiff: for defendant: Case Number: 17-1912
Trial court erred in upholding the zoning boards finding that appellants were operating a bed and breakfast because the language of the ordinance was ambiguous as to whether serving breakfast was required as part of the definition of a B&B and the ordinance had to be interpreted in favor of the landowners widest use of the land. Reversed.
Manager of title lending company moved to dismiss plaintiffs RICO and Pennsylvania loan interest and protection law claims, arising from an online title loan, asserting he enjoyed tribal immunity, the action was an official capacity suit and the court lacked personal jurisdiction over him but the court found that manager was the real party in interest, he was not entitled to tribal sovereign immunity since the action was personal capacity suit and the court had personal jurisdiction over him because he oversaw companys purposeful di
Suppression of warrantless blood draw results properly granted where drivers consent was obtained after being given warning of enhanced criminal penalties in event of refusal to consent. Order of the trial court affirmed.
1 minute read