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Publication Date: 2019-09-30
Practice Area: Evidence
Industry: Construction
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1136
The trial court abused its discretion in admitting financial records and testimony regarding defendant's net worth where there was no indication that the witness offering such evidence possessed knowledge sufficient to authenticate the financial records, which had been prepared by an outside tax advisory firm. The appellate court affirmed in part and reversed in part.
Publication Date: 2019-05-27
Practice Area: Criminal Law | Evidence
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0587
The court denied a motion to suppress, because defendant had a diminished privacy interest as a vehicle occupant, and the officer had probable cause to stop the vehicle after witnessing the driver engaging in unlawful activity.
Publication Date: 2019-05-27
Practice Area: Criminal Law | Evidence
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0620
Evidence was sufficient to convict for aggravated assault where it demonstrated that appellant shoved his elderly victims to the ground and down flights of stairs, which could support the jury's inference that appellant intended to inflict serious bodily injury. Judgment of sentence affirmed.
Publication Date: 2019-05-13
Practice Area: Evidence
Industry: Health Care
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0474
Pursuant to Aldridge v. Edmunds and its progeny, defendant's medical expert could make limited reference to textual materials in explaining the basis for his opinion that, contrary to plaintiff's assertion, the infant plaintiff did not meet the "entry criteria" for initiating certain treatment. The court granted in part and denied in part plaintiff's motion in limine.
Publication Date: 2019-04-29
Practice Area: Criminal Appeals | Evidence
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0478
The trial court erred in concluding that arresting officers faced "exigent circumstances" while on defendant's property where the troopers failed to observe any conduct or action on defendant's part from which they could reasonably infer that defendant intended to harm them. The appellate court vacated defendant's judgment of sentence.
Law Journal Press | Digital Book
Authors: Janet K. Colaneri
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Publication Date: 2019-04-29
Practice Area: Criminal Law | Evidence
Industry: State and Local Government
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Banach
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0439
Police failed to strictly comply with their procedures for towing a vehicle and conducting an inventory search, so the court granted defendant's motion to suppress.
Publication Date: 2019-04-15
Practice Area: Evidence
Industry: Financial Services and Banking
Court: Supreme Court
Judge: Justice Baer
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0431
The trial court did not err in allowing an employee of a successor bank, which was assigned defendants' mortgage from the original lender, to give testimony authenticating the loan documents under the business records exception to the hearsay rule where the witness provided information to justify a presumption of trustworthiness.
Publication Date: 2019-04-15
Practice Area: Evidence | Personal Injury | Premises Liability
Industry: Retail
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0383
Trial court abused its discretion to deny an adverse inference instruction where defendant engaged in spoliation by failing to preserve the period of surveillance video requested by plaintiff in her slip-and-fall case, where additional footage would have been relevant to show the spill of the alleged substance on the floor or whether defendant's staff followed reasonable inspection procedures. Judgment vacated, case remanded for new trial.
Publication Date: 2019-04-08
Practice Area: Criminal Law | Evidence
Industry:
Court: Supreme Court
Judge: Justice Baer
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0388
Superior court erroneously overruled trial court's admission of evidence of a subsequent crime committed by another individual when the superior court substituted the trial court's judgment of the evidence for its own. Order of the superior court reversed in part and vacated and remanded in part.
Publication Date: 2019-04-08
Practice Area: Constitutional Law | Evidence
Industry: State and Local Government
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0386
The constable who detained defendant on suspicion of driving under the influence acted within his common law powers to detain defendant based on an in-presence breach of the peace since defendant's conduct - driving at a high rate of speed and going over the embankment while under the influence - constituted a "breach of the peace" as understood at common law. The appellate court affirmed defendant's judgment of sentence.
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