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Publication Date: 2022-08-29
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Baer
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0965
PCRA court erred in failing to consider new evidence of incompetency where substantive challenge to competency to stand trial could not be waived under the Post Conviction Relief Act. Order of the PCRA court vacated in part, case remanded.
Publication Date: 2022-08-22
Practice Area: Energy and Natural Resources
Industry: Energy | State and Local Government
Court: Supreme Court
Judge: Justice Baer
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for defendant:
Case Number: 22-0938
Use of oil and gas lease revenues from public trust land for general operations of Department of Conservation and Natural Resources was constitutional where commonwealth could incur costs of trust administration and therefore use trust corpus to pay the costs of the agency tasked with such administration. Order of the commonwealth court affirmed as modified.
Publication Date: 2022-04-25
Practice Area: Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Baer
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Case Number: 22-0452
In an opinion announcing the judge of the court, the high court found that the prosecution's Batson violation during voir dire was not undertaken recklessly with a conscious disregard for a substantial risk that defendant would be denied a fair trial and did not constitute a prosecutorial tactic designed to provoke him into seeking a mistrial. The high court affirmed the denial of defendant's motion to dismiss charges.
Publication Date: 2022-03-28
Practice Area: Election and Political Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Baer
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Case Number: 22-0342
Court selected proposed congressional redistricting map that started from prior map, kept political subdivisions together in the same district, and scored better than average in terms of partisan fairness. Exceptions granted in part and dismissed as moot in part.
Publication Date: 2022-01-31
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Baer
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Case Number: 22-0104
Given the legalization of medical marijuana, the odor of marijuana could be a factor in supporting probable cause for a warrantless search but could not establish probable cause by itself. Judgment of the superior court vacated, order of the trial court reinstated.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2022-01-24
Practice Area: Tax
Industry: Automotive | State and Local Government
Court: Supreme Court
Judge: Justice Baer
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0083
Nextel, which held flat caps on net loss carryover deductions violated the Uniformity Clause, applied retroactively to prior statutes enacting NLC caps as Nextel was based on well-established constitutional law striking down tax statutes treating similarly-situated taxpayers disparately. Order of the commonwealth court affirmed in part, reversed and remanded in part.
Publication Date: 2022-01-17
Practice Area: Employment Litigation
Industry: Health Care | Insurance | Retail
Court: Supreme Court
Judge: Justice Baer
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0048
Commonwealth court correctly affirmed hearing officer's order that a non-treating healthcare provider could not challenge a utilization review determination but erred in concluding the act improperly failed to account for the due process rights of non-treating providers and engrafting onto the act a requirement that non-treating providers receive notice and an opportunity to intervene in UR proceedings. Affirmed in part.
Publication Date: 2022-01-17
Practice Area: Personal Injury
Industry: Transportation
Court: Supreme Court
Judge: Justice Baer
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0049
Trial court correctly dismissed appellant's complaint for lack of personal jurisdiction where appellant alleged jurisdiction based exclusively on defendant's compliance with a mandatory registration statute and court found the exercise of jurisdiction over defendant did not satisfy due process as required by Daimler AG v. Bauman, 571 U.S. 117, and Goodyear Dunlop Tires Operations, S.A. v. Brown, 563, U.S. 915, and the Pennsylvania statutory scheme was unconstitutional to the extent it conferred general jurisdiction over foreign corpor
Publication Date: 2022-01-10
Practice Area: Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Baer
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0016
Superior court erroneously overruled trial court's evidentiary ruling when superior court failed to explain how trial court abused its discretion in excluding evidence after finding that its risk of prejudice outweighed any probative value. Judgment of the superior court vacated, case remanded.
Publication Date: 2021-12-13
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Baer
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1439
Order for collection of real-time cell site location information met Fourth Amendment requirements where it described with particularity the target of the investigation, the target phone number, and established probable cause that the phone was used by the target and that the target was engaged in criminal activity. Order of the superior court affirmed.
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