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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. Young

    Publication Date: 2022-01-10
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0013

    Although failure to file separate notices of appeal at each docket number meant that an appeal was not perfected, Pa.R.A.P. allowed appellate courts to exercise discretion to remand the case to allow the appellant to correct its error. Order of the superior court reversed and remanded.

  • In the Interest of J.J.M.

    Publication Date: 2022-01-10
    Practice Area: Constitutional Law
    Industry: Education | State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0004

    Superior court erred in upholding appellant's adjudication of delinquency for making terroristic threats under §2706(a)(3) because neither of appellant's statements were true threats, he did not utter them with conscious disregard of the risk of causing terror and they did not cross the constitutional threshold from protected speech. Reversed.

  • Commonwealth v. Dunkins

    Publication Date: 2021-12-06
    Practice Area: Criminal Law
    Industry: Education
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1404

    The trial court did not err in refusing to suppress cell site location information gathered by college officials while investigating an on-campus robbery where defendant voluntarily abandoned any purported expectation of privacy in such records by assenting to the college's computing resources policy and logging on to the college WiFi network with his cell phone. The high court affirmed.

  • Pascal v. City of Pittsburgh Zoning Bd. of Adjustment

    Publication Date: 2021-10-11
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1177

    Objectors were not required to show that decision-maker with actual conflict of interest had bias or influence over the decisions of others, as the mere appearance of a lack of neutrality was sufficient to require recusal. Order of the commonwealth court affirmed in part and reversed and remanded in part.

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  • Commonwealth v. Jordan

    Publication Date: 2021-09-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1018

    Inconsistent verdicts from simultaneous jury and bench trials did not run afoul of double jeopardy protections where a defendant was being subjected to only one prosecution and inconsistent verdicts were generally permissible. Judgment of the superior court affirmed.

  • Commonwealth v. Baker-Myers

    Publication Date: 2021-08-02
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0885

    The superior court properly found that where a jury acquitted defendant of all chapter 31 sexual offenses charged, the evidence was insufficient to convict him of corruption of minors graded as a third-degree felony because a chapter 31 violation was an essential element of that offense. The high court affirmed.

  • In re: Adoption of: C.M.

    Publication Date: 2021-08-02
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0878

    Trial court erred in involuntarily terminating father's parental rights where record showed father made substantial efforts to exercise parental duties in the six months prior to the termination petition. Order of the superior court affirmed.

  • Degliomini v. ESM Productions, Inc.

    Publication Date: 2021-07-05
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0763

    City could not rely on exculpatory release executed by participant in charity bike ride to immunize the city from claims of negligence arising from the city's purported failure to maintain streets, where a party that had duty of public service could not contractually immunize itself from liability arising from the execution of that duty. Order of the commonwealth court reversed.

  • Domus, Inc. v. Signature Bldg. Sys. of PA, LLC

    Publication Date: 2021-07-05
    Practice Area: Contracts
    Industry: Construction
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0764

    Failure to submit authenticated copy of foreign judgment did not deprive trial court of jurisdiction to hear action to enforce the judgment, but at most could only implicate the trial court's power to ultimately enforce the judgment. Order of the superior court reversed, case remanded.