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judge:"Steven Andrews"
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The court denied a criminal defendants motion to suppress the results of a blood test, because defendants consent was voluntary even though the form he signed had the criminal penalties blacked out.
Owner of property subject to a de facto taking not entitled to the greatest sum of delay compensation possible, where the Eminent Domain Code required the property owner to be compensated for the just value of the taken property as close as practical to the date of taking. Order of the trial court affirmed.
Defendants petition for post-conviction relief was not timely, and he was not entitled to retroactive relief based on subsequent case law because defendant had not preserved the issue through direct appeal.
Publication Date: 2017-11-21 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Moulton Attorneys:For plaintiff: for defendant: Case Number: 17-1706
Trial court erred in applying deadly weapon used sentencing enhancement to a burglary conviction, where the crime of burglary was completed when defendant entered a residence with the intent to commit a crime therein, and where defendant did not use the firearm he possessed to gain such entry. Judgment of sentence vacated, case remanded for resentencing.
Publication Date: 2017-11-21 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Ransom Attorneys:For plaintiff: for defendant: Case Number: 17-1707
Trial court did not have discretion to entertain defendants assertion of involuntariness in failure to appear at de novo appeal from conviction in Philadelphia Municipal Court, and did not abuse discretion in affirming judgment of sentence. Judgment of sentence affirmed.
A criminal defendant claimed she had ineffective assistance of counsel and that her guilty plea was not made voluntarily, intelligently or knowingly. The court held that defendants claim merited a hearing to determine whether there was a sufficient factual basis to establish her guilt and whether counsel was ineffective.
Publication Date: 2017-11-21 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Lazarus Attorneys:For plaintiff: for defendant: Case Number: 17-1703
Trial court erred in imposing mandatory restitution where it was not agreed to on the record by a defendant entering a negotiated guilty plea. Judgment of sentence vacated, case remanded.
Court declined to decide the issue of invalidity based on indefiniteness at the claim construction stage, determined that the hub was part of the overall claimed design and construed the patent. Claim construed.
A two-year, seven-month delay in imposition of suspension of operating privilege constituted an extraordinarily extended period of time, where prejudice suffered by licensee for suspension would result in loss of employment. Order of the trial court affirmed.
Orphans court erred in determining that appellants petition for disbursement of an underinsured motorist insurance settlement was ei-ther barred by collateral estoppel from a case before the bankruptcy court or determined by the documents of the welfare plan that paid deceaseds medical expenses. Reversed.
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