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Appellant appealed the denial of his application for disability pension benefits. The court held that where a city police pension plan ordinance did not expressly require the unanimous agreement of examining physicians as to the nature of an applicant's disability, a disabled municipal police officer met his burden of proof in support of his application for disability pension benefits where a majority of examining physicians concluded that he was disabled on some basis.
Defendant filed an omnibus pretrial motion that included a motion for writ of habeas corpus and a motion to suppress. The court denied the motions, holding that the search warrant obtained by authorities for an apartment where defendant was known to reside was supported by sufficient probable cause, and the resulting evidence seized, along with other evidence of defendant's conduct, supported Commonwealth's weapons and drug charges.
Publication Date: 2024-09-06 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Lazarus Attorneys:For plaintiff: for defendant: Case Number: 1245 MDA 2023
Appellant appealed the trial court's order dismissing his Post Conviction Relief Act petition after a hearing. The court affirmed, holding that the PCRA court did not err in concluding that appellant could effectively communicate in English for purposes of his plea and sentencing hearing, and thus no Spanish interpreter was required for appellant to communicate with counsel and understand the trial court's proceedings.
Publication Date: 2024-09-06 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Bender Attorneys:For plaintiff: for defendant: Case Number: 1419 WDA 2023
Appellant appealed from the post-conviction court's order denying his petition under the Post Conviction Relief Act. The court affirmed, holding that appellant failed to present a claim cognizable under the PCRA where the crux of his argument was that his case should have been heard in a different venue, namely the county where he physically sold narcotics to a confidential informant.
Publication Date: 2024-09-06 Practice Area:Criminal Law Industry: Court:Supreme Court Judge:Justice Wecht Attorneys:For plaintiff: for defendant: Case Number: 36 MAP 2023
Police lacked a basis to arrest for DUI and demand chemical testing where there was no evidence supporting reasonable suspicion that suspect had moved or driven their vehicle while intoxicated, which was necessary to find that driver had "operate[d]" the vehicle. Order of the commonwealth court reversed.
Plaintiff appealed the district court's order dismissing her complaint pursuant to § 230 of the Communications Decency Act. The court reversed in part, vacated in part, and remanded for further proceedings. The court held that defendant TikTok enjoyed no statutory immunity regarding plaintiff's claim that it engaged in first-party expressive activity by algorithmically curating and promoting Blackout Challenge videos to her deceased daughter's individualized "For You Page."
The court granted a motion to quash a subpoena issued to the custodian of records of the Disciplinary Board to the Supreme Court of Pennsylvania by a non-party to a misconduct complaint filed against District Attorney Elmer D. Christine, Jr. At the hearing, counsel for the Office of the District Attorney represented that the documents sought were confidential even though they were prepared by the complainant. The court granted the motion to quash the subpoena and further ordered that the plaintiff should serve no further subpoenas u
Defendant petitioned for a writ of habeas corpus on Commonwealth's charge of driving under the influence of alcohol or a controlled substance. The court denied the petition, concluding that Commonwealth's evidence was sufficient to establish a prima facie case that defendant was the driver of a vehicle involved in an accident where witnesses stated that he was the driver and he later admitted that this was correct. The court held further that Commonwealth's evidence was sufficient in light of police testimony regarding a strong odor o
The court reversed the decision of the trial court that sustained the statutory appeal of licensee from a one-year suspension of her operating privileges for refusing to submit to chemical testing under the implied consent law.