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Publication Date: 2023-03-27
Practice Area: Health Care Law
Industry: Health Care
Court: Superior Court
Judge: Judge Stabile
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for defendant:
Case Number: 1189 MDA 2021
Trial court properly denied summary judgment to defendant medical centers on their claims of immunity under the Mental Health Procedures Act in estate's action after Wise sought voluntary inpatient admission, was refused it, went home and killed decedent because court applied the rationale in Leight v. Univ. of Pittsburgh Physicians, 243 A.3d 126, that a prerequisite to treatment under the MHPA had to be satisfied before liability could be asserted against a provider and the prerequisites for voluntary inpatient examination and treatm
Publication Date: 2023-03-20
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 301 WDA 2022
Defendant subject to lifetime registration under prior registration scheme could be convicted of failing to comply with Sex Offender Registration and Notification Act where lifetime obligation continued under the statute and defendant knew he had not updated his registration. Judgment of sentence affirmed.
Publication Date: 2023-03-20
Practice Area: Criminal Law
Industry: Construction
Court: Superior Court
Judge: Judge McLaughlin
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Case Number: 634 WDA 2021
Trial court held jurisdiction over criminal prosecution for theft by failure to make required disposition of funds based on violations of the Prevailing Wage Act, as only a statute or Supreme Court rule could vest jurisdiction in another court, and the administrative penalties under the PWA did not preempt the imposition of a criminal sentence for theft. Judgment of sentence affirmed.
Publication Date: 2023-03-20
Practice Area: Real Estate
Industry:
Court: Superior Court
Judge: Judge Murray
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Case Number: 636 WDA 2022
Appellant appealed a trial court order setting out the terms of the parties' agreement to settle their property trespass dispute and court found the order was not final, did not contain an injunction and was not appealable. Appeal quashed.
Publication Date: 2023-03-20
Practice Area: Wrongful Death
Industry:
Court: Superior Court
Judge: Judge Stabile
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Case Number: 1915 MDA 2018
Decedents' estates appealed the finding decedents were 100 percent comparatively liable for their shooting deaths where shooter was convicted of voluntary manslaughter and court found jury was properly given the issue of comparative negligence, estates failed to establish the causation element, estates did not produce sufficient evidence to show shooter was a feebleminded adult and under father's control and trial court did not err in admitting prior bad acts evidence. Affirmed.
Law Journal Press | Digital Book
Authors: George J. Kenny, Frank A. Lattal
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Publication Date: 2023-03-20
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Olson
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Case Number: 725 WDA 2022
Mother appealed parts of child custody order finding her in contempt for baptizing child without telling father despite father's known opposition, ordering co-parent counseling to purge the contempt and restricting child's use of "dad" to her biological parent and court found trial court properly found mother in contempt, erred in imposing the purge condition and violated child's first amendment rights in the language restriction. Affirmed in part, vacated in part.
Publication Date: 2023-03-20
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge McLaughlin
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Case Number: 57 MDA 2022
Trial court erroneously granted suppression motion where police had confirmed location of social media video from the property's owner and only discovered the mistaken identification at the suppression hearing. Order of the trial court reversed, case remanded.
Publication Date: 2023-03-20
Practice Area: Criminal Law
Industry: State and Local Government
Court: Superior Court
Judge: Judge King
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Case Number: 182 MDA 2021
Court rejected Commonwealth's appeal of trial court's decision not to impose restitution in favor of the Commonwealth, where the appeal challenged the discretionary aspects of the sentence rather than the legality of the sentence and the Commonwealth failed to preserve their challenge at the sentencing hearing. Order of the trial court affirmed.
Publication Date: 2023-03-20
Practice Area: Family Law
Industry: Health Care
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 1753 MDA 2022
Trial court erred in granting hospital authorization to terminate child's life support in the event of a confirmatory second brain death evaluation, where trial court precluded child's father from questioning medical personnel about the termination of life support or options in the event of a confirmatory second exam. Order of the trial court affirmed in part and vacated in part.
Publication Date: 2023-03-13
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Colins
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Case Number: 1439 WDA 2021
A trial court did not err by admitting evidence of appellant's prior bad acts, namely three controlled drug sales to a confidential informant, where the evidence set the stage for the subsequent issuance of search warrants and supported the notion that the defendant possessed a drug stash and intended to deliver it. The court vacated a portion of appellant's sentence and affirmed the remaining judgments of sentence.
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