• Navarro v. Pennsylvania State Police

    Publication Date: 2019-08-05
    Practice Area: Regulation
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0910

    PSP was required to establish the interstate or foreign commerce element in 18 U.S.C. §922(g) to establish that a firearm owner was disqualified from the return of his or her firearm pursuant that federal statute. Order of the commonwealth court affirmed.

  • Commonwealth v. Bell

    Publication Date: 2019-08-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0904

    Admission of evidence of a driver's refusal to submit to blood chemical testing in DUI case did not violate constitutional prohibition on criminal penalties for a refusal to submit to warrantless blood testing. Order of the superior court affirmed.

  • In re: Return of Seized Prop. of Lackawanna County

    Publication Date: 2019-08-05
    Practice Area: Government
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0908

    Supervising judge of statewide investigating grand jury had authority to issue search warrants in any judicial district relating to an investigation of the grand jury, and any motion for return of property seized pursuant to those warrants had to be presented to the supervising judge. Order of the trial court vacated.

  • Harmon v. Unemployment Comp. Bd. of Review

    Publication Date: 2019-05-20
    Practice Area: Administrative Law | Labor Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0573

    Inmate serving only weekend incarceration was not ineligible for unemployment compensation where the eligibility statute required incarceration for the full week to disqualify from benefits. Order of the commonwealth court reversed.

  • Merscorp Inc. v. Delaware County

    Publication Date: 2019-05-13
    Practice Area: Real Estate
    Industry: Financial Services and Banking | State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0532

    County recorders appealed the commonwealth court's reversal of the trial court's decision to overrule appellees' preliminary objections in recorders' action asserting 21 P.S. §351 mandated the recording of all conveyances, including mortgage assignments, and the court found the commonwealth court correctly held that §351 did not impose a mandatory duty to record. Affirmed.

  • Commonwealth v. Natividad

    Publication Date: 2019-02-05
    Practice Area: Criminal Law | Discovery | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0125

    Brady violation was not prejudicial where commonwealth presented overwhelming evidence of defendant's guilt, including evidence linking a prior carjacking, the carjacking victim's identification, other eyewitnesses known to defendant identifying him as the perpetrator, and defendant's prior possession of the murder weapon. Order of the PCRA court affirmed.

  • Commonwealth v. Monarch

    Publication Date: 2019-02-05
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0119

    The intermediate appellate court erred in concluding that defendant's enhanced sentence for driving while intoxicated was not unconstitutional where he not only refused to submit to blood testing, but also refused to submit to breath testing. The high court vacated defendant's judgment of sentence.

  • Commonwealth v. Rivera

    Publication Date: 2019-01-15
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0020

    Appellant did not receive ineffective assistance of penalty phase counsel where additional evidence in support of mental health and life history mitigator was cumulative of evidence provided to experts during penalty phase or was favorable to the commonwealth. Order of the PCRA court affirmed.

  • Commonwealth v. Lukach

    Publication Date: 2018-10-30
    Practice Area: Civil Rights | Criminal Law | Evidence
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1291

    Confession and derivative physical evidence were properly suppressed where police continued interrogation after suspect unequivocally invoked right to silence and interrogators coerced suspect into abandoning his rights by claiming suspect would lose opportunity for leniency if he did not cooperate. Order of the superior court affirmed.

  • In the Interest of A.A.

    Publication Date: 2018-10-30
    Practice Area: Constitutional Law | Evidence
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1299

    Superior court properly found that appellant consented to a search of her vehicle during a legal investigative stop, even though officer told her "goodnight" and turned away after giving her a traffic citation before he again questioned her and she gave the consent, because the totality of the circumstances, including the odor of marijuana and passenger's furtive movements, gave officer reasonable suspicion to conduct the second detention and the consent to search was valid. Affirmed.