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  • Commonwealth v. Yale

    Publication Date: 2021-05-10
    Practice Area: Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0524

    Lower courts erred in applying Pa.R.E. 404(b) to evidence of third person guilt offered by a defendant and found Pa.R.E. 401-403 applied to the admissibility of the evidence. Vacated and remanded.

  • Commonwealth v. Hairston

    Publication Date: 2021-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0514

    Allegations of defects in imposition of capital punishment were insufficient to sustain constitutional challenge to death penalty, which continued to be affirmed by courts and not overturned by the state legislature.

  • Sadler v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-02-08
    Practice Area: Employment Litigation
    Industry: Food and Beverage | State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0135

    Commonwealth properly held employer was not entitled under §306(a.1) of the workers' compensation act to reimbursement of benefits paid to petitioner during his pre-conviction incarceration because the language in the statues was clear and unambiguous and did not violate equal protection guarantees. Affirmed.

  • PBS Coals, Inc. v. Commonwealth

    Publication Date: 2021-02-01
    Practice Area: Real Estate
    Industry: Mining and Resources | State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0108

    Commonwealth court erred in finding a de facto taking occurred when appellee coal companies allegedly lost access to their parcel after DOT condemned land for a highway and court found no taking occurred, highway did not block appellees from enjoying their coal estate, they failed to show they possessed any "beneficial use and enjoyment of the property" and record contained substantial evidence to show issuance of a mining permit was "speculative and uncertain." Reversed.

  • In re: Passarelli Family Trust

    Publication Date: 2021-01-25
    Practice Area: Trusts and Estates
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0064

    Voiding of irrevocable trust by settlor for fraudulent inducement had to be based on common law fraud standard. Order of the superior court affirmed.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

    View this Book

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  • Commonwealth v. Alexander

    Publication Date: 2021-01-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0030

    In a decision reversing Commonwealth v. Gary, a majority of the state's high court held that Article I, §8 of the Pennsylvania Constitution affords greater protection to state citizens than the Fourth Amendment of the U.S. Constitution and reaffirmed that the state constitution requires both a showing of probable cause and exigent circumstances to justify a warrantless search of a vehicle. The high court reversed and remanded.

  • Commonwealth v. Peck

    Publication Date: 2021-01-11
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0005

    Drug-delivery-resulting-in-death statute was not violated where delivery of drugs occurred outside of Pennsylvania, since violation of Drug Act, which only proscribed conduct within Pennsylvania, was an element of DDRD statute. Judgment of conviction vacated.

  • In re: Canvass of Absentee and Mail-In Ballots of November 3, 2020 Gen. Election

    Publication Date: 2020-12-07
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1320

    Voter's failure to include handwritten name, address, and date on declaration on mail-in ballot envelope constituted minor irregularity that did not require disqualifying an otherwise validly-cast ballot. Order of the trial court affirmed; decision of the commonwealth court reversed.

  • Commonwealth v. Weir

    Publication Date: 2020-10-12
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1107

    Criminal defendant's challenge to the amount of a restitution order constituted a challenge to the discretionary aspects of sentence rather than a non-waivable challenge to the legality of sentence, such that a defendant was required to preserve the issue in a post-sentence motion and through appeal. Order of the superior court affirmed.

  • SEDA-COG Joint Rail Auth. v. Carload Express, Inc.

    Publication Date: 2020-10-12
    Practice Area: Government
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1114

    Commonwealth court correctly interpreted "present" in 53 Pa.C.S. § 5610(e) to mean voting member under the common law and "presence" presupposed voting in order to be counted for purposes of obtaining a majority vote count. Affirmed.