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  • Gibraltar Rock, Inc. v. Pennsylvania Dep't of Envt'l Prot.

    Publication Date: 2023-01-09
    Practice Area: Environmental Law
    Industry: Mining and Resources | State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 78 MAP 2021

    Commonwealth court erred in overturning Environmental Hearing Board's rescission of mining permits by relying on sua sponte issues not raised on appeal by the parties. Order of the commonwealth court vacated, case remanded.

  • Scott v. Pennsylvania Bd. of Prob. & Parole

    Publication Date: 2022-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 16 WAP 2021

    Constitutional challenge to statutory bar on parole for life/capital sentences constituted a challenge to the legality of sentence that had to be brought under the Post Conviction Relief Act, and thus the commonwealth court lacked jurisdiction to hear the petition. Order of the commonwealth court affirmed.

  • Commonwealth v. Price

    Publication Date: 2022-11-07
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18 WAP 2021

    Inevitable discovery doctrine was separate and distinct from the issue of sufficient probable cause for a search warrant, as both arguments had different bases in law and required different factual evidence, such that the commonwealth's appeal challenging a trial court's probable cause determination did not impliedly raise an inevitable discovery argument as a "subsidiary issue." Order of the superior court vacated, case remanded.

  • Povacz v. Pennsylvania Pub. Util. Comm'n

    Publication Date: 2022-09-12
    Practice Area: Public Utilities
    Industry: Energy | State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1022

    Commonwealth court erred in holding that act 129 did not mandate installation of smart meters and court found customers failed to meet their burden of proving, by a preponderance of the evidence, a conclusive causal connection between RF emissions from smart meters and adverse human health effects. Reversed in part and affirmed in part.

  • McLinko v. Commonwealth

    Publication Date: 2022-08-15
    Practice Area: Election and Political Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0916

    Commonwealth court erred in holding the universal mail-in voting provisions of act 77 were unconstitutional and court found the phrase "offer to vote" did not mandate in-person voting.

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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.

  • In the Interest of Y.W.-B.

    Publication Date: 2022-01-24
    Practice Area: Family Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0067

    Superior court erred in affirming trial court's grant of petitions to compel to allow Philadelphia Department of Human Services to enter mother's home because its probable cause analysis failed where it did not explain the "link" between DHS's petition to enter the home and the allegation mother may not have fed children on one day over an eight-hour period, it improperly considered mother's prior experiences with DHS because trial court placed no reliance on that and it failed to address the reliability of the evidence in the petitio

  • Energy Transfer v. Friedman

    Publication Date: 2022-01-17
    Practice Area: Public Records
    Industry: Energy | State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0041

    Office of Open Records lacked authority to rule on the disclosure of records that potentially qualified as confidential security information where the Public Utility Confidential Security Information Disclosure Protection Act gave such authority exclusively to the receiving agency and held that CSI records were expressly exempt from the Right to Know Law. Order of the commonwealth court affirmed.

  • Bisher v. Lehigh Valley Health Network, Inc.

    Publication Date: 2022-01-10
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0014

    Pleadings unlawfully filed by non-attorneys did not implicate the subject matter jurisdiction of the trial court, but were still voidable in the discretion of the trial court following notice and opportunity to cure. Order of the superior court reversed, case remanded.