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Publication Date: 2024-05-17 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Panella Attorneys:For plaintiff: for defendant: Case Number: 237 WDA 2023
Appellant appealed the trial court's judgment of sentence entered on her convictions, in separate actions, of terroristic threats, harassment and related crimes. The court affirmed, holding in pertinent part that Commonwealth presented sufficient evidence of appellant's mens rea to support her conviction for making a terroristic threat where appellant threatened to kill a victim a short time after the victim saw appellant physically attack another person.
Court dismissed employee's religious discrimination claim based on a failure to grant a religious accommodation where employee could not connect her principle against testing to her religious beliefs and her admitted healthcare demonstrated that she did not consistently apply this principle in her life. Defendant's motion to dismiss granted.
Challenge to local use and occupancy ordinance failed where plaintiff did not suffer a due process violation and where the ordinance had been amended to comply with state law and thus was not preempted. Defendants' motion to dismiss granted.
Hostile work environment claim failed where alleged comments invoking racial stereotypes did not rise to the level of being severe or pervasive, although those comments could support an inference of race discrimination. Defendants' motion to dismiss granted in part and denied in part.
Defendant tenant appealed the court's order denying his motion to reinstate his appeal of a municipal court order denying his petition to open default judgment. The court concluded that its order should be affirmed where defendant failed to timely file pleadings below, mistakenly or intentionally misrepresented filing dates to the court, and offered no meritorious legal arguments that would warrant reinstating his appeal.
Publication Date: 2024-05-17 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stevens Attorneys:For plaintiff: for defendant: Case Number: 1012 MDA 2023
Appellant appealed the trial court's judgment of sentence entered on his conviction of aggravated cruelty to an animal. The court affirmed, holding that the evidence was sufficient to convict appellant of one count of animal cruelty where he intentionally shot two dogs, only one of which had made physical contact with fenced deer that the dogs were violently harassing.
Appellant appealed the trial court's orders convicting him of two summary offenses under the Game and Wildlife Code. The court reversed in part, affirmed in part, and remanded to the trial court for resentencing. The court held that appellant's charge under Game Code section 2307(a) should have been dismissed where the citation failed to set out the specifics of the alleged violation. Appellant was properly convicted under section 2504(a), however, where he shot an elk within ten feet of a roadway.
Publication Date: 2024-05-17 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Panella Attorneys:For plaintiff: for defendant: Case Number: 553 WDA 2023
Commonwealth appealed the trial court's order granting appellee's petition for a writ of habeas corpus. The court reversed and remanded, holding that Commonwealth presented a prima facie case of aggravated assault against an enumerated person where an officer testified that appellee, after violently resisting the officer's opening of her screen door, struck the officer with her hand, knocking off his glasses and scratching his face.
The court urged affirmance of its order denying appellant Commonwealth's motion to consolidate three cases against appellee Robinson because the motion was untimely.
Plaintiffs moved to stay arbitration in their dispute with defendant contractor regarding a residential home construction project. The court granted in part and denied in part plaintiffs' motion, holding that a binding arbitration attachment to the parties' construction contract was enforceable where it required that any arbitrators have at least fifteen years of experience in residential construction.