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  • Commonwealth v. Pownall

    Publication Date: 2022-08-01
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0856

    Commonwealth's interlocutory appeal from denial of motion to preclude standard jury instructions was properly quashed where asserted handicap to prosecution was based upon speculation and hypotheticals since the evidentiary record had not been set. Order of the superior court affirmed.

  • Commonwealth v. Prinkey

    Publication Date: 2022-07-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0793

    Longer sentence imposed on resentencing motivated by prosecutorial retaliation against defendant's successful appeal constituted cognizable challenge to legality of sentence under the PCRA. Order of the superior court reversed and remanded.

  • Commonwealth v. Thorne

    Publication Date: 2022-07-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0752

    The superior court erred in holding that defendant's constitutional challenges to the lifetime registration requirements of the Sex Offender Registration and Notification Act were waived because he only raised them for the first time on appeal. The high court reversed in part and remanded.

  • In re: Estate of Jabbour

    Publication Date: 2022-07-04
    Practice Area: Trusts and Estates
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0750

    Spouse who made an election under or against a will was required to revoke any election within the same statutory time frame for filing the election. Order of the superior court reversed.

  • A.L. v. Pennsylvania State Police

    Publication Date: 2022-05-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0590

    Defendant's court-martial conviction for sexual assault could not be the basis for his classification as a Tier III lifetime registrant under Pennsylvania's Sexual Offender Registration and Notification Act where his military offense was not "comparable" to sexual assault under Pennsylvania's Crimes Code. The high court affirmed.

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    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Commonwealth v. Parrish

    Publication Date: 2022-05-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0539

    Remand of Post Conviction Relief Act petition necessary to determine whether trial counsel sufficiently discharged duty to consult with criminal defendant regarding appellate rights.

  • Commonwealth v. Holt

    Publication Date: 2022-05-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0535

    Evidence was sufficient to convict for first-degree murder where it showed that defendant fired multiple shots in quick succession, with several striking the victim, and therefore it could support an inference that defendant intentionally aimed his firearm at the victim. Judgment of sentence affirmed.

  • Commonwealth v. Edwards

    Publication Date: 2022-04-25
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0452

    In an opinion announcing the judge of the court, the high court found that the prosecution's Batson violation during voir dire was not undertaken recklessly with a conscious disregard for a substantial risk that defendant would be denied a fair trial and did not constitute a prosecutorial tactic designed to provoke him into seeking a mistrial. The high court affirmed the denial of defendant's motion to dismiss charges.

  • Carter v. Chapman

    Publication Date: 2022-03-28
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0342

    Court selected proposed congressional redistricting map that started from prior map, kept political subdivisions together in the same district, and scored better than average in terms of partisan fairness. Exceptions granted in part and dismissed as moot in part.

  • Commonwealth v. Barr

    Publication Date: 2022-01-31
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0104

    Given the legalization of medical marijuana, the odor of marijuana could be a factor in supporting probable cause for a warrantless search but could not establish probable cause by itself. Judgment of the superior court vacated, order of the trial court reinstated.