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Publication Date: 2021-10-18
Practice Area: Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Baer
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for defendant:
Case Number: 21-1195
The trial court did not abuse its discretion in granting a request to have a comfort dog present during the testimony of an autistic minor where it substantially comported with a Connecticut balancing test for guidance in deciding whether to permit the use of comfort animal, i.e., a test the high court adopted herein. The high court affirmed defendant's judgment of sentence.
Publication Date: 2021-10-11
Practice Area: Criminal Law
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Court: Supreme Court
Judge: Justice Baer
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Case Number: 21-1175
PCRA matter remanded for PCRA court to issue supplemental opinion where court failed to state the reasons why it denied defendant's claim that counsel was ineffective for failing to litigate defendant's competency to stand trial and his brief self-representation. Order of the PCRA court affirmed in part, remanded in part.
Publication Date: 2021-09-13
Practice Area: Administrative Law
Industry: Legal Services
Court: Supreme Court
Judge: Justice Baer
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Case Number: 21-1044
Administrative order issued by president judge to disqualify trial court judge from hearing single-party petitions submitted by the judge's family member was not a final, appealable order but could be reviewed by supreme court under its general supervisory authority. Appeal quashed.
Publication Date: 2021-09-06
Practice Area: Criminal Appeals
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Court: Supreme Court
Judge: Justice Baer
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Case Number: 21-1012
Defendant's conviction for assault by a life prisoner and resulting second life sentence could not stand where the lower court had vacated his predicate sentence of life imprisonment based on precedent barring the imposition of life sentences upon juvenile offenders. The high court reversed.
Publication Date: 2021-08-30
Practice Area: Insurance Law
Industry: Insurance
Court: Supreme Court
Judge: Justice Baer
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Case Number: 21-0991
Stacking waiver form required by the Motor Vehicle Financial Responsibility Law failed to provide sufficient notice that the policyholder was waiving inter-policy stacking in addition to intra-policy stacking where the policy covered multiple vehicles. Matter returned to Third Circuit.
Law Journal Press | Digital Book
Authors: Gary L. Brown
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Publication Date: 2021-08-30
Practice Area: Family Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Baer
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Case Number: 21-1000
Superior court erred in reversing trial court's denial of termination of mother's parental rights because superior court exceeded its standard of review and erred in substituting its judgment for that of the trial court. Vacated.
Publication Date: 2021-08-02
Practice Area: Public Utilities
Industry: Energy | State and Local Government
Court: Supreme Court
Judge: Justice Baer
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Case Number: 21-0886
The commonwealth court did not err in holding that a recent Public Utility Code enactment requiring the inclusion of income tax deductions and credits in rate computations required public utilities to revise their distribution system improvement charge calculations to include income tax deductions and credits to reduce rates charged to consumers. The high court affirmed.
Publication Date: 2021-05-17
Practice Area: Personal Injury
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Baer
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Case Number: 21-0539
The lower courts erred in holding that plaintiff's claim could not be encompassed within the real estate exception to sovereign immunity where she alleged that insufficient lighting on Commonwealth realty stemming from the existence and location of a light pole, tree and sidewalk created a dangerous condition. The high court reversed and remanded.
Publication Date: 2021-04-12
Practice Area: Civil Procedure
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Court: Supreme Court
Judge: Justice Baer
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Case Number: 21-0393
Plaintiff's failure, in response to defendant's preliminary objection, to present evidence of good faith effort to timely serve process within the time required by the rules or within the statute of limitations, gave the trial court grounds to dismiss the complaint, Order of the superior court affirmed.
Publication Date: 2021-04-12
Practice Area: Administrative Law
Industry:
Court: Supreme Court
Judge: Justice Baer
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for defendant:
Case Number: 21-0404
Lower courts erred in holding that §1513 of the vehicle code exclusively governed appellee's request for a duplicate camera card and precluded department from checking the national driver register and denying appellee's request because his operating privileges had been suspended in another state. Reversed.
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