• In the Matter of Private Sale of Prop. by the Millcreek Twp. Sch. Dist.

    Publication Date: 2018-06-19
    Practice Area: Education Law
    Industry: Education | Real Estate
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0714

    Courts lacked statutory authority to direct the manner of sale of school district property and was merely limited to approving or disapproving private sale. Order of the commonwealth court reversed.

  • Commonwealth v. Smith

    Publication Date: 2018-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0709

    Deadly weapon sentencing enhancement for motor vehicle aggravated assault conviction was inapplicable where defendant lacked specific intent to strike or threaten victim with vehicle but instead was merely criminally recklessly operating the vehicle for ordinary purposes. Order of the superior court affirmed.

  • Commonwealth v. Leed

    Publication Date: 2018-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0708

    Search warrant was valid where common sense reading of supporting affidavit of probable cause led to conclusion that facially stale information was in fact a typographical or other error. Judgment of sentence affirmed.

  • Commonwealth v. Staton

    Publication Date: 2018-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0687

    Second PCRA petition dismissed as untimely where PCRA court could consider amended pro se petition after defendant forfeited right to PCRA counsel, thereby obviating claim of governmental interference. Order of the PCRA court affirmed.

  • Bundy v. Wetzel et al

    Publication Date: 2018-05-22
    Practice Area: Constitutional Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0601

    Plaintiff, a prison inmate subject to Act 84 deductions from his prison account to satisfy financial obligations based on criminal convictions, asserted a viable Due Process Clause claim that he was entitled to and deprived of some form of pre-deprivation notice before any funds were taken from his account. The appellate court reversed and remanded.

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    Authors: Amy Elizabeth Stewart

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  • Konyk v. Pa. State Police

    Publication Date: 2018-05-08
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0540

    Commonwealth not contractually-bound to federal plea agreement, with respect to state sex offender registration requirements, under third-party beneficiary or implied contract theories. Order of the commonwealth court affirmed.

  • Commonwealth v. Delgros

    Publication Date: 2018-05-08
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0535

    Criminal defendant entitled to raise ineffective assistance of counsel claims in post-trial motions where otherwise ineligible to assert such claims on PCRA review. Order of the superior court reversed, case remanded.

  • Commonwealth v. Romero

    Publication Date: 2018-05-08
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0539

    Police could not effect arrest warrant in home of third-party absent magisterial determination of probable cause to search third-party home. Order of the superior court reversed, case remanded.

  • Kegerise v. Delgrande

    Publication Date: 2018-05-08
    Practice Area: Education Law | Labor Law
    Industry: Education
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0546

    Commonwealth court erred in affirming trial courts conclusion that school superintendent was entitled to mandamus relief in her action seeking reinstatement because superintendent negotiated the right to resign without notice and her filing a federal action asserting constructive discharge implied that she considered her employment terminated before the school board voted to accept her resignation. Reversed.

  • Reginelli v. Boggs

    Publication Date: 2018-04-10
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0430

    PRPA evidentiary privilege did not apply where entity was not a professional health care provider, and where performance review was not conducted by hospitals established peer review committee. Order of the superior court affirmed.