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  • Commonwealth v. Valdivia

    Publication Date: 2018-10-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1295

    Scope of consent to search during traffic stop did not encompass 40-minute delay for canine search because a reasonable person would understand their consent to be for a hand search immediately performed by officers. Order of the superior court reversed.

  • Commonwealth v. Peterson

    Publication Date: 2018-10-16
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1235

    Newly-discovered fact exception to Post-Conviction Relief Act time bar applicable where PCRA counsel was ineffective per se by failing to timely file petition and where petitioner was unaware and could not ascertain the untimeliness of the petition. Order of the superior court reversed, case remanded.

  • Commonwealth v. Irland

    Publication Date: 2018-10-16
    Practice Area: Criminal Appeals
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1184

    The trial court erred in granting a petition for the forfeiture and destruction of defendant's firearm, seized by police during a road rage incident, as there was no historical foundation establishing common law civil forfeiture in the commonwealth and civil forfeiture of derivative contraband required statutory authorization. The high court affirmed the intermediate court's order.

  • Commonwealth v. Golden Gate Nat'l Senior Care LLC et al

    Publication Date: 2018-10-09
    Practice Area: Consumer Protection
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1192

    The trial court erred in concluding that statements and alleged misrepresentation by the defendant nursing home facilities regarding the care provided to residents was mere "puffery" and, thus, not actionable under the Unfair Trade Practices and Consumer Protection Law. The appellate court reversed the trial court in part.

  • C.G. v. J.H.

    Publication Date: 2018-10-09
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1200

    Trial court properly denied former unmarried partner in loco parentis standing where partner failed to assume or discharge parental duties during the parties' relationship and partner's post-separation conduct was consistent with this pre-separation conduct. Order of the superior court affirmed.

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  • Commonwealth v. Wilmer

    Publication Date: 2018-10-09
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1202

    Superior court erred in holding that police could reenter a house to complete a report after the emergency that justified their initial warrantless entry had passed because under the emergency aid exception to the fourth amendment, the officers had to leave the premises when the needed emergency assistance had been given and administrative considerations did not extend their right of entry. Vacated.

  • Commonwealth v. Crispell

    Publication Date: 2018-10-09
    Practice Area: Criminal Appeals | Evidence
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1194

    While trial counsel failed to use evidence establishing that defendant's accomplice had scratches on his body, which evidence corroborated defendant's version of events leading to the criminal charges, defendant failed to demonstrate that he would have been convicted of something less than first-degree murder if only the jury had considered this evidence. The appellate court affirmed in part.

  • Rufo v. Bd. of License and Inspection Review

    Publication Date: 2018-10-02
    Practice Area: Administrative Law | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1168

    Commonwealth court erred in holding city ordinance, which required windows with frames and glazing and doors in vacant buildings, un-constitutional because its reasoning did not account for the longstanding principle that ordinances enjoyed the presumption of constitutional validity and plaintiff failed to offer any evidence or persuasive argument to overcome the presumed constitutionality. Vacated.

  • In re: T.S.

    Publication Date: 2018-09-11
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1075

    Guardian ad litem could serve as child's legal counsel in termination proceeding where no conflict of best and legal interests. Order of the superior court affirmed.

  • Jones v. Ott

    Publication Date: 2018-09-11
    Practice Area: Civil Procedure | Motor Vehicle Torts
    Industry: Automotive
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1057

    Challenge to jury charge waived where litigant failed to obtain record ruling on proposed charge and explicitly advised trial court that litigant had no objection to jury charge given by the trial court. Order of the superior court affirmed.