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Publication Date: 2019-05-13
Practice Area: Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0530
While the victim impact evidence admitted by the trial court in this case may have been unnecessarily extensive, defendant failed to establish that he was prejudiced by the admission of such evidence where the jury found several aggravating circumstances but no mitigating factors. The high court affirmed defendant's judgment of sentence.
Publication Date: 2019-05-13
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Baer
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Case Number: 19-0553
Compulsory joinder statute required dismissal of misdemeanor DUI charges before municipal court when defendant was previously convicted by the traffic division of the municipal court of a summary traffic offense arising from the same incident. Order of the superior court reversed, order of the trial court reinstated.
Publication Date: 2019-05-13
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Mundy
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for defendant:
Case Number: 19-0549
The superior court erred in holding that the trial court's failure to address the factors set forth in Miller v. Alabama on record was moot, as a court sentencing a juvenile for a crime for which life without parole is an available sentence must review on record the Miller factors, regardless of whether the defendant is ultimately sentenced to life without parole. The high court vacated defendant's judgment of sentence and remanded.
Publication Date: 2019-05-13
Practice Area: Tax
Industry: Entertainment and Leisure
Court: Supreme Court
Judge: Justice Saylor
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Case Number: 19-0562
Casinos challenged the constitutionality of provisions of the gaming act creating the casino marketing and capital development account and the court found the provisions violated the fourteenth amendment and severed them from the act. Provisions severed and refund ordered.
Publication Date: 2019-05-13
Practice Area: Telecommunications
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Saylor
Attorneys: For plaintiff:
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Case Number: 19-0531
Counties could not sue telecommunications providers for failure to collect fees in violation of the 911 Act where the statute vested exclusive enforcement authority with PEMA. Order of the commonwealth court reversed.
Law Journal Press | Digital Book
Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown
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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.
Publication Date: 2019-05-13
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Supreme Court
Judge: Justice Donohue
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Case Number: 19-0529
Commonwealth court erred in reversing zoning board's finding that appellee violated the zoning ordinance by using house in a district restricted to single family dwellings as a transient rental property because a purely transient use of a property was incompatible with the definition of "family" defined as "a single housekeeping unit" in zoning ordinance Reversed.
Publication Date: 2019-04-15
Practice Area: Evidence
Industry: Financial Services and Banking
Court: Supreme Court
Judge: Justice Baer
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0431
The trial court did not err in allowing an employee of a successor bank, which was assigned defendants' mortgage from the original lender, to give testimony authenticating the loan documents under the business records exception to the hearsay rule where the witness provided information to justify a presumption of trustworthiness.
Publication Date: 2019-04-15
Practice Area: Election and Political Law
Industry:
Court: Supreme Court
Judge: Justice Wecht
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for defendant:
Case Number: 19-0415
Write-in candidate's failure to timely file statement of financial interest did not require striking of candidate's name from general election ballot where the failure to file was only a fatal defect for a petitioning candidate. Order of the commonwealth court affirmed.
Publication Date: 2019-04-08
Practice Area: Trusts and Estates
Industry:
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0391
Superior court erred in sua sponte invalidating emergency guardianship order based on automatic expiration when proper avenue to challenge order was in initial proceeding before orphans' court. Order of the superior court vacated, case remanded.
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