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By Alexa Woronowicz | September 29, 2017
Agency's failure to grant a hearing to the alleged perpetrator of child abuse to challenge the report, after the subject made a sufficiently clear request for hearing, violated due process and warranted the grant of an appeal nunc pro tunc. Order of the Department of Human Services, Bureau of Hearings and Appeals reversed, case remanded.
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By Alexa Woronowicz | September 29, 2017
The trial court properly admitted into evidence a portion of the victim's recorded forensic interview under Pa.R.Evid. 803.1(3) where the victim testified that her recollection of the incidents of abuse was much better at the time of the interview. The appellate court affirmed defendant's judgment of sentence.
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By Alexa Woronowicz | September 29, 2017
The trial court erred in precluding the commonwealth from offering as evidence two jail call recordings in which defendant allegedly made inculpatory statements as a sanction for failing to fulfill an earlier promise to provide transcriptions of all his recorded phone calls where the scope of the earlier promise was unclear and the bulk of the other recordings immaterial. The court reversed and remanded.
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By Alexa Woronowicz | September 29, 2017
Where the defendant contractor's contract with the plaintiff county contained both differing condition and exculpatory provisions, the jury was charged with resolving the conflicting contractual provisions based upon the evidence presented. The court denied the moving parties' joint motion in limine.
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By Alexa Woronowicz | September 29, 2017
Defendant was not entitled to a new trial and the appointment of an expert to analyze a supplemental gunshot residue pattern and proximity test conducted by an independent forensic laboratory. The court denied defendant's post-trial motion for relief.
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By Alexa Woronowicz | September 29, 2017
A criminal defendant's motion to suppress evidence was granted where police officers performed a protective sweep of a residence without articulable facts regarding the officers' safety.
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By Alexa Woronowicz | September 29, 2017
Public record presumption did not apply as a bar to invocation of the newly-discovered facts exception to the timeliness requirement of the PCRA for pro se incarcerated PCRA petitioners, although such petitioners were still required to prove that the facts underlying their claims were unknown to them and could not have been discovered sooner with due diligence. Order of the PCRA court reversed.
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By Alexa Woronowicz | September 29, 2017
The trial court properly denied defendant relief under the Post Conviction Relief Act where the evidence was sufficient to support the specific intent element of his first-degree murder conviction and, thus, the newly-discovered DNA evidence establishing an absence of defendant's semen in the victim's body would not alter the outcome of a degree-of-fault hearing. The court affirmed defendant's judgment of sentence.
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By Alexa Woronowicz | September 29, 2017
Petitioner failed to establish undue influence or lack of testamentary capacity where her mother executed a will that left her entire estate to another family member.
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By Alexa Woronowicz | September 29, 2017
Court overruled the commonwealth's exceptions to its order holding that the $2 million limit on the amount of the net loss carryover deduction violated the uniformity clause of the Pennsylvania constitution as it applied to the taxpayer because contrary to commonwealth's argument that Nextel was factually distinguishable, the court properly relied on that case. Exceptions overruled.
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