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The court affirmed the order of the Northampton County Court of Common Pleas requiring appellant to submit to an independent medical examination by a qualified examiner selected by appellee.
Mail ballots not contained in secrecy envelopes were void, thus entitling voters who had failed to comply with the secrecy envelope requirement to have their provisional ballots counted. Order of the commonwealth court affirmed.
Appellant's appointed counsel applied to withdraw from representation in light of appellant's nolo contendere plea before the trial court. The court denied the request to withdraw and remanded, holding that while appellant's plea waived his claims on direct appeal, he effectively set out a potentially meritorious claim for ineffective assistance of counsel in his pro se notice of appeal.
Publication Date: 2024-11-15 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Beck Attorneys:For plaintiff: for defendant: Case Number: 1535 MDA 2023
Appellant appealed the Post Conviction Relief Act court's dismissal of his PCRA petition. The court reversed, holding that appellant was not subject to any registration requirement under Pennsylvania's Sexual Offender Registration and Notification Act where he was convicted in Maryland in 2003 for a sexual offense of the third degree.
The court vacated the district court's judgment in favor of the City of Philadelphia that concluded that plaintiffs lacked standing to challenge the template used for project labor agreements on public projects that had union eligibility requirements and that the contractors had not been harmed by the template's diversity requirements because of their race and remanded for further proceedings.
In this §1925(a) opinion, the trial court defended its order sustaining the preliminary objections of appellee Ashfield Healthcare and dismissing appellant's wrongful termination claim with prejudice.
Publication Date: 2024-11-15 Practice Area:Real Estate Industry: Court:Superior Court Judge:Judge Panella Attorneys:For plaintiff: for defendant: Case Number: 482 MDA 2023
The court affirmed the judgment based on a non-jury verdict in favor of appellees in the amount of $133,000 in a real estate dispute between a daughter, her mother and a family trust.
Publication Date: 2024-11-15 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stabile Attorneys:For plaintiff: for defendant: Case Number: 2608 EDA 2023
Appellant appealed the trial court's judgment of sentence entered on his conviction for possession with intent to deliver a controlled substance. The court affirmed, holding in pertinent part that a K9 search of appellant's vehicle pursuant to a roadside stop did not result in any invasion of the vehicle's interior space where the K9 handler immediately pulled the dog back after it placed its paws on the vehicle's door frame.
Mere physical touching was insufficient to support conviction for unlawful contact with a minor where legislative history of the statute indicated the legislature intended to outlaw verbal or written communication with a minor intended to facilitate an illegal sex act or other unlawful activity. Order of the superior court vacated.
Court vacated and remanded judgment denying permanent injunction where trial court abruptly issued its order in the middle of the non-jury trial, depriving plaintiff of the opportunity to cross-examine defendant's witness and leaving an incomplete record that precluded appellate review. Order of the trial court vacated, case remanded.