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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.
Publication Date: 2019-10-28
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Ott
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for defendant:
Case Number: 19-1258
Defendant, who was designated a sexually violent predator, was not eligible for relief under the Post Conviction Relief Act since only the sanctions of imprisonment, probation and parole are "sentences" for eligibility purposes under the act. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2019-05-20
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Ott
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for defendant:
Case Number: 19-0572
Orphans' court erred in ruling appellants waived their right to a hearing or to present evidence in support of their petition to enforce a probated will's forfeiture clause in the will contest provision when appellants properly nonsuited the will contest for failure to set forth a prima facie case. Decree of the orphans' court vacated, case remanded.
Publication Date: 2019-03-25
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Ott
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for defendant:
Case Number: 19-0317
The trial court erred in finding that police had no basis to stop defendant's vehicle because they lacked probable cause to believe he violated §3351 of the Motor Vehicle Code, addressing "stopping, standing and parking outside business and residence districts," as the statute does not require the actual obstruction of the flow of traffic or mandate that the vehicle be stationary for a specific period. The appellate court reversed and remanded.
Publication Date: 2019-03-11
Practice Area: Constitutional Law | Criminal Law
Industry:
Court: Superior Court
Judge: Judge Ott
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0268
Application of SORNA to sex offender convicted in 1983 did not constitute ex post facto violation where offender was already subject to lifetime registration in another state when he moved to Pennsylvania and thereby became subject to SORNA's lifetime registration requirement. Judgment of sentence affirmed.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2019-02-19
Practice Area: Criminal Law | Evidence
Industry:
Court: Superior Court
Judge: Judge Ott
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0183
Conviction affirmed where trial court sitting as factfinder could accept photo array identification based around defendant as victims identified defendant's first name and defendant was known to police to associate with his definitively identified co-defendant. Judgment of sentence affirmed.
Publication Date: 2019-02-05
Practice Area: Criminal Appeals
Industry: Recruitment and Staffing
Court: Superior Court
Judge: Judge Ott
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for defendant:
Case Number: 19-0123
The commonwealth established all the elements of a forgery, including the mens rea element, where the circumstantial evidence and reasonable inferences drawn therefrom established that defendant knew he was not a proper payee on a legitimate check from the victim staffing agency. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2019-01-29
Practice Area: Contractual Disputes | Labor Law
Industry: Cargo and Shipping | Transportation
Court: Superior Court
Judge: Judge Ott
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Case Number: 19-0073
Trial court properly refused to grant an injunction enforcing a no-hire provision in appellant's contract with trucking company because the provision was against public policy by preventing persons from seeking employment with certain companies without receiving additional consideration for the prohibition or having any input regarding or knowledge of the restrictive provision. Affirmed.
Publication Date: 2018-11-27
Practice Area: Labor Law | Whistleblower Laws
Industry: Transportation
Court: Superior Court
Judge: Judge Ott
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Case Number: 18-1423
Terminated employee's wrongful discharge claim under the Whistleblower Law failed where employee made no report of her employer's wrongdoing to superiors or to a state agency. Judgment vacated, case remanded for entry of JNOV.
Publication Date: 2018-11-13
Practice Area: Criminal Appeals | Evidence
Industry: State and Local Government
Court: Superior Court
Judge: Judge Ott
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1371
The trial court erred in denying a motion to suppress evidence discovered in defendant's residence when sheriffs attempted to serve a warrant on a man mistakenly believed to live there since precedent requires "a magisterial determination of probable cause" before police may serve an arrest warrant inside a residence, absent exigent circumstances or consent. The appellate court vacated and remanded.
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