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Publication Date: 2017-11-07 Practice Area:Family Law Industry: Court:Supreme Court Judge:Justice Baer Attorneys:For plaintiff: for defendant: Case Number: 17-1663
Juvenile court properly exercised discretion ordering early termination of delinquency supervision. Order of the trial court affirmed.
Plaintiff sufficiently pled existence of contract where it alleged that defendant made assurances of potential partnership between the parties in exchange for plaintiffs assistance in acquiring assets that would be the basis of the proposed partnership. Defendants motion to dismiss granted in part and denied in part.
Trial court erred in permitting medical expert to opine as to victims sexual abuse based solely upon the victims accounts, where there was a lack of physical evidence of abuse. Order of the superior court affirmed.
Assault conviction affirmed despite assertion of self-defense, where defendants inculpatory statements regarding his motives for the assault were sufficient evidence for jury to conclude that defendant was the aggressor in the assault. Judgment of sentence affirmed, application for remand granted.
Newly-recognized constitutional right exception to PCRA timeliness requirement improperly invoked where new constitutional rule only applied to federal statute, whereas defendant was convicted under state statute. Order of the PCRA court affirmed.
Publication Date: 2017-11-07 Practice Area:Criminal Appeals Industry: Court:Superior Court Judge:Judge Ranson Attorneys:For plaintiff: for defendant: Case Number: 17-1654
The court of common pleas, sitting as an appellate court, could not properly determine whether it could exercise jurisdiction over defendants appeal from the denial of a motion to dismiss on double jeopardy grounds where the lower court did not comply with Pa.R.Crim.P. Rule 587(b) by entering its findings of fact, conclusions of law and findings as to frivolousness.
Defendant subject to less than lifetime registration under SORNA where all of defendants sex offenses arose out of the same criminal episode, as SORNA required a conviction and then a subsequent act to trigger lifetime registration. Judgment of sentence vacated in part, case remanded for resentencing.
Publication Date: 2017-11-07 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Lazarus Attorneys:For plaintiff: for defendant: Case Number: 17-1657
The trial court did not abuse its discretion in denying defendant parole out of concern for her unborn child given the substantial evidence of defendants heroin use while pregnant and her failure to seek treatment while previously out on probation. The appellate court affirmed a trial court order denying defendants petition for parole.
This dispute between a union and a municipality arising out of a surviving spouses claimed pension benefits was arbitrable under the Policemen and Firemen Collective Bargaining Act where the benefit was afforded to the surviving spouse of a police officer and incorporated into the applicable collective bargaining agreement. The high court reversed and remanded.
The defendant reinsurers obligation to pay defense expenses to plaintiffs, who paid out significant losses on asbestos-related claims, was not capped by the reinsurance accepted amount listed in the parties facultative certificates, the appellate court determined in this case of first impression. The court affirmed a trial court order granting plaintiffs summary judgment in part.
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