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Trial court erred in failing to hold an evidentiary hearing on criminal defendants motion for return of seized property. Order of the trial court reversed, case remanded.
Principles of comity precluded the court from entertaining an action to partition a business entity formed under the laws of another state, particularly where that states laws granted its courts exclusive jurisdiction over partition of its business entities. Motion to dismiss granted in part and denied in part; cross-motions for summary judgment denied.
Absent specific allegations that a juvenile driver was engaged in a criminal activity, the fact that the juveniles passenger allegedly harassed another person was an insufficient basis for an investigatory stop, so the court granted the juveniles motion to suppress.
Publication Date: 2017-11-14 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Dubow Attorneys:For plaintiff: for defendant: Case Number: 17-1676
While the statute prohibiting possession of a firearm with an altered serial number does not specify the degree of culpability required to sustain a conviction, §302 of the Crimes Code required the prosecution to prove that defendant acted intentionally, knowingly or recklessly regarding the obliterated number and the commonwealth satisfied that burden. The court affirmed defendants judgment of sentence.
Neither of the issues defendant raised on appeal challenging his sentence had merit and appointed counsel failed to follow the proper procedure, as set forth in Anders v. California, by including the frivolous issues in defendants brief on appeal. The court affirmed defendants judgment of sentence.
Addressing an issue of first impression, the court found that defendants videotaping of a fight between two fellow middle school students and dissemination of that video to two other students did not create a hazardous or physically offensive condition within the meaning of the disorderly conduct statute at 18 Pa.C.S. §5503. The appellate court vacated defendants judgment of sentence.
Publication Date: 2017-11-14 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Gantman Attorneys:For plaintiff: for defendant: Case Number: 17-1681
Criminal defendant could not file an interlocutory appeal from the trial courts denial of his motion for production of the complainants medical records, where denial of immediate review would not prejudice defendants ability to seek review of the denial on direct appeal following any conviction. Order of the trial court affirmed.
Defendant waived objections to sentencing because he did not raise them previously in connection with his revocation and re-sentencing hearing. Even if not waived, the court concluded his objections lacked merit, because defendant failed to comply with the conditions of his probation.
Defendant was not entitled to post-conviction relief for ineffective assistance of counsel because his petition did not contain any meritorious issues or he waived them by failing to raise the issues on appeal.
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