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  • Commonwealth v. Pope

    Publication Date: 2019-08-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0938

    The grading of defendant's unlawful contact with a minor offense as a felony of the first degree was contrary to §6318 of the Crimes Code and relevant case law interpreting that statute; therefore, the sentence imposed upon him for this charge was illegal. The appellate court vacated and remanded.

  • Commonwealth v. Kenney

    Publication Date: 2019-06-10
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0670

    The county intermediate punishment sentence imposed by the trial court violated the requirements of §3742 of the Vehicle Code that no sentence less than the mandatory minimum sentence of imprisonment be imposed for the offense of leaving the scene of an accident involving death. The appellate court reversed defendant's judgment of sentence.

  • Commonwealth v. Lekka

    Publication Date: 2019-06-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0647

    Trial court properly added 10 years to minimum sentence for juvenile murder offender where trial court weighed offender's lack of insight into his role in the murder and the brutality of the offense. Judgment of sentence affirmed in part and reversed in part.

  • Livingston v. Greyhound Lines Inc.

    Publication Date: 2019-05-20
    Practice Area: Motor Vehicle Torts | Personal Injury
    Industry: Transportation
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0567

    Trial court did not abuse its discretion in excluding certain evidence or in denying a mistrial and the evidence supported the jury's compensatory and punitive damages award in bus accident case in which company was vicariously liable for driver's action. Affirmed.

  • McIlwain v. Saber Healthcare Group, Inc., LLC

    Publication Date: 2019-05-06
    Practice Area: Dispute Resolution
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0523

    Trial court erred as a matter of law in finding that appellant had the authority to sign an arbitration agreement on behalf of decedent when he entered nursing home because while appellant had temporary letters of conservatorship, those letters were granted by a California court and no steps were taken for the conservatorship to be recognized in Pennsylvania. Reversed.

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  • Commonwealth v. Medina

    Publication Date: 2019-05-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0511

    The trial court properly denied defendant post-conviction relief based on trial counsel's alleged ineffectiveness for failure to call character witnesses where defendant failed to establish that the testimony of any of his alleged character witnesses would have been admissible at his criminal trial. The appellate court affirmed.

  • Commonwealth v. Kelsey

    Publication Date: 2019-04-08
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0390

    Dismissal of PCRA petition reversed where PCRA counsel filed an inadequate no-merit letter that failed to discuss all the issues raised by defendant in his pro se PCRA petition. Order of the PCRA court vacated, case remanded.

  • In re Consolidated Appeals of Chester-Upland Sch. Dist.

    Publication Date: 2019-01-15
    Practice Area: Real Estate | Tax
    Industry: Advertising | Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0028

    Trial court erroneously interpreted the sign-and-sign structure exclusion of 53 Pa.C.S. §8811(b)(4) because the text of the section only required that the physical billboard sign and its supporting structure be excluded from the valuation and the property's suitability to a billboard use and the income earned from renting the property to a billboard operator could not be excluded from the fair market valuation of the property. Vacated and remanded.

  • Kalmeyer v. Municipality of Penn Hills

    Publication Date: 2018-11-27
    Practice Area: Fee Disputes | Public Utilities
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1426

    Trial court lacked jurisdiction over petition to enforce settlement where action giving rise to settlement had been terminated and the terms of settlement were not incorporated into a court order. Order of the trial court vacated, case remanded.

  • Watkins v. Pennsylvania Dept. of Corr. et al

    Publication Date: 2018-11-06
    Practice Area: Administrative Law | Constitutional Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1322

    The trial court did not err in dismissing plaintiff's complaint sua sponte in this case where the complaint constituted prison conditions litigation and plaintiff's pleading failed to state a cause of action against the named defendants. The commonwealth court affirmed an order dismissing plaintiff's complaint.