By Marianna Wharry | November 23, 2022
"Our precedent has often conflated the term 'operates' with the phrase 'is in actual physical control of the movement of a vehicle,' as used in Section 1547(a) of the Vehicle Code," Judge Michael H. Wojcik wrote for the majority. "This conflation has engendered confusion in license suspension implied consent cases concerning the issue presented herein, i.e., whether an arresting officer has reasonable grounds to believe that a licensee was in actual physical control of the movement of a vehicle, where the arresting officer testifies, and the facts indicate, that the licensee had not been driving. In an effort to eliminate this confusion, we hold that because Officer Gelnett had reasonable grounds to believe that Licensee was in actual physical control of his vehicle while intoxicated, despite the fact that Licensee was not driving, Officer Gelnett properly requested that Licensee undergo chemical testing."
The Legal Intelligencer | News
By Marianna Wharry | November 22, 2022
"Although the routine traffic stop was lawful—Trooper Golden possessed probable cause to stop based on the illegal window tint—once Lake withdrew his consent to search the vehicle, Trooper Golden was required to either (1) possess both probable cause that a crime was being committed and exigent circumstances; or (2) obtain a search warrant for the vehicle," Judge Anne E. Lazarus wrote.
The Legal Intelligencer | News
By Madeline Manion | November 22, 2022
"Our precedent has often conflated the term 'operates' with the phrase 'is in actual physical control of the movement of a vehicle,' as used in Section 1547(a) of the Vehicle Code," Commonwealth Court Judge Michael Wojcik said.
The Legal Intelligencer | News
By Max Mitchell | November 18, 2022
Cutler named Reps. Craig Williams, R-Delaware, Tim Bonner, R-Mercer and Jared Solomon, D-Philadelphia for the role, which includes managing the trial on behalf of the House and exhibiting the articles of impeachment to the Senate. All three managers are lawyers by trade, with two still practicing.
By Nate Robson | November 16, 2022
Jill Steinberg's book of work at Ballard Spahr includes clients in New Jersey, Pennsylvania and California.
The Legal Intelligencer | News
By Aleeza Furman and Max Mitchell | November 15, 2022
The resolution included two articles of impeachment, with the first accusing Krasner's leadership of being a "direct and proximate cause" of rising crime in Philadelphia and the second relating to the office's refusal to cooperate with the Select Committee on Restoring Law and Order's investigation into Krasner.
By Max Mitchell | November 14, 2022
"When I was the chair of the transition personnel committee in 2016, he made very clear to me the person he wanted to make as his first deputy was Michele Henry," Obermayer Rebmann Maxwell & Hippel's Walter Cohen said.
The Legal Intelligencer | Commentary
By Peter Vaira | November 14, 2022
Several members of the criminal defense bar feel that, based upon the many practice adjustments the courts made for COVID-19, this is the time to seek to expand the federal criminal discovery process, which is far more restrictive than many state procedures.
The Legal Intelligencer | News
By Madeline Manion | November 7, 2022
"If the local counties and municipalities must adhere to these statewide mandates, so must private residential communities," Ceisler said.
The Legal Intelligencer | News
By Max Mitchell | November 4, 2022
Along with retaining Bochetto, the GOP-controlled Select Committee on Restoring Law and Order has turned to K&L Gates to represent it. According to a retention letter obtained by The Legal, the firm is charging $1,890 an hour for the work.
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