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Newly-recognized constitutional right exception to PCRA timeliness requirement improperly invoked where new constitutional rule only applied to federal statute, whereas defendant was convicted under state statute. Order of the PCRA court affirmed.
Publication Date: 2017-11-07 Practice Area:Criminal Appeals Industry: Court:Superior Court Judge:Judge Ranson Attorneys:For plaintiff: for defendant: Case Number: 17-1654
The court of common pleas, sitting as an appellate court, could not properly determine whether it could exercise jurisdiction over defendants appeal from the denial of a motion to dismiss on double jeopardy grounds where the lower court did not comply with Pa.R.Crim.P. Rule 587(b) by entering its findings of fact, conclusions of law and findings as to frivolousness.
Defendant subject to less than lifetime registration under SORNA where all of defendants sex offenses arose out of the same criminal episode, as SORNA required a conviction and then a subsequent act to trigger lifetime registration. Judgment of sentence vacated in part, case remanded for resentencing.
Publication Date: 2017-11-07 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Lazarus Attorneys:For plaintiff: for defendant: Case Number: 17-1657
The trial court did not abuse its discretion in denying defendant parole out of concern for her unborn child given the substantial evidence of defendants heroin use while pregnant and her failure to seek treatment while previously out on probation. The appellate court affirmed a trial court order denying defendants petition for parole.
This dispute between a union and a municipality arising out of a surviving spouses claimed pension benefits was arbitrable under the Policemen and Firemen Collective Bargaining Act where the benefit was afforded to the surviving spouse of a police officer and incorporated into the applicable collective bargaining agreement. The high court reversed and remanded.
The defendant reinsurers obligation to pay defense expenses to plaintiffs, who paid out significant losses on asbestos-related claims, was not capped by the reinsurance accepted amount listed in the parties facultative certificates, the appellate court determined in this case of first impression. The court affirmed a trial court order granting plaintiffs summary judgment in part.
While under the general rule, an obligee is not a claimant under a payment bond, plaintiff raised the possibility that an exception to the general ruled applied and that the defendant bond company agreed to fulfill all a contractors obligations, including payment to subcontractors. The court denied defendants motion for summary judgment.
A township violated the law in failing to obtain a proper permit for the replacement of a pipe, but landowners failed to demonstrate how this caused them harm. The townships road construction activities did not otherwise violate state law or local ordinances.
The citys failure to respond to requests for admission conclusively established the fact that a police officer was acting within the scope of her employment when her vehicle struck and injured a pedestrian, so the court denied the citys motion for judgment notwithstanding the verdict.
The court granted a motion to suppress evidence obtained from a checkpoint stop where the commonwealth failed to demonstrate sufficient factual data to support a checkpoint at the site in question, and where the search was not a voluntary, consensual one.
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