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  • Commonwealth v. Cox

    Publication Date: 2019-04-08
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0389

    Denial of Atkins claim vacated where PCRA court erroneously relied upon lay family members' failure to intervene as evidence of defendant's lack of functional problems and where PCRA court failed to explain credibility and factual determinations of competing expert testimony. Order of the PCRA court vacated and remanded.

  • Commonwealth v. Gill

    Publication Date: 2019-04-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0388

    Superior court erroneously overruled trial court's admission of evidence of a subsequent crime committed by another individual when the superior court substituted the trial court's judgment of the evidence for its own. Order of the superior court reversed in part and vacated and remanded in part.

  • Hudson v. Pennsylvania Bd. of Probation and Parole

    Publication Date: 2019-04-08
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0393

    Parole board lacked statutory authority to grant parole to inmate serving a "term of life imprisonment" since that term had no minimum sentence and therefore was effectively a mandatory life sentence. Order of the commonwealth court affirmed.

  • Commonwealth v. Montalvo

    Publication Date: 2019-04-08
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0392

    PCRA court correctly denied guilt phase relief and granted penalty phase relief where record did not support appellant's new claims of self-defense and heat of passion but where prosecutor impermissibly told jury its death sentence verdict would be a "recommendation." Order of the PCRA court affirmed.

  • FOP Fort Pitt Lodge 1 v. City of Pittsburgh

    Publication Date: 2019-03-11
    Practice Area: Dispute Resolution | Employment Litigation | Government
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0274

    Commonwealth court correctly found that interest arbitration award did not deviate from city's amended recovery plan under the municipal financial recovery act so as to trigger jurisdiction under §252(e), the challenge fell outside the scope of §252(e) and the court properly quashed the parties' appeals over the arbitration award for police officers' CBA. Affirmed.

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  • Szabo v. Dep't of Transp.

    Publication Date: 2019-03-04
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0239

    Commonwealth court properly reversed the trial court's denial of appellees' petition for an evidentiary hearing in a condemnation case even though the time for filing preliminary objections had passed because DOT misled appellees by inadequately identifying the extent or effect of the taking and denied them the opportunity to secure just compensation. Affirmed.

  • J.P. Morgan Chase Bank N.A. v. Taggart

    Publication Date: 2019-03-04
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Real Estate
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0213

    Mortgagor was required by Act 6 to send a pre-foreclosure notice to the borrower prior to filing a foreclosure complaint, even if the mortgagor had sent notice before a prior complaint that was withdrawn. Order of the superior court reversed, case remanded.

  • Commonwealth v. Clemons

    Publication Date: 2019-02-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0121

    The high court conducted an independent evaluation of the record in this capital murder case and found the evidence sufficient to prove defendant guilty of first-degree murder beyond a reasonable doubt, including specific intent, which could be inferred from his use of a deadly weapon upon a vital part of a victim's body. The high court affirmed defendant's judgment of sentence.

  • Gallagher v. Geico Indem. Co.

    Publication Date: 2019-02-05
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0116

    The superior court erred in upholding the trial court's grant of summary judgment to insurer in appellant's action seeking the stacked UIM coverage in the motorcycle and automobile insurance policies he bought from insurer because the "household vehicle exclusion" in the automobile policy was inconsistent with the requirements of 75 Pa.C.S. §1738 regarding waiver of UIM coverage and was invalid and unenforceable. Judgment vacated.

  • Commonwealth v. Natividad

    Publication Date: 2019-02-05
    Practice Area: Criminal Law | Discovery | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0125

    Brady violation was not prejudicial where commonwealth presented overwhelming evidence of defendant's guilt, including evidence linking a prior carjacking, the carjacking victim's identification, other eyewitnesses known to defendant identifying him as the perpetrator, and defendant's prior possession of the murder weapon. Order of the PCRA court affirmed.