Filter This View

  • Commonwealth v. Johnson

    Publication Date: 2020-11-02
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1179

    The superior court erred in ruling that a search warrant to search defendant's cell phone was not unconstitutionally overbroad, thus allowing a search for evidence of illegal narcotics and firearm possession, where the warrant was so lacking in probable cause that it failed to justify any search of the phone, the high court wrote in an opinion announcing the judgment of the court. The high court reversed and remanded.

  • Commonwealth v. Reid

    Publication Date: 2020-08-31
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0934

    Judicial determinations such Williams v. Pennsylvania, wherein the U.S. Supreme Court addressed a Pennsylvania justice's failure to recuse himself in a case in which he had significant involvement as district attorney, did not satisfy the newly discovered fact exception to the Post Conviction Relief Act time bar; thus, the PCRA court lacked jurisdiction to reinstate defendant's nunc pro tunc right to appeal here. The high court quashed defendant's appeal.

  • Commonwealth v. Lacombe

    Publication Date: 2020-08-10
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0853

    Revised Sex Offender Registration and Notification Act provisions did not constitute criminal punishment and therefore were not an unconstitutional ex post facto law when applied to criminal activity committed prior to the statute's effective date. Orders of the trial court reversed.

  • Commonwealth v. Smith

    Publication Date: 2020-08-10
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0850

    An individual was deemed to be a "fugitive from justice" and therefore a person not to possess a firearm when he or she had an active bench warrant. Order of the superior court affirmed.

  • Maas v. UPMC Presbyterian Shadyside

    Publication Date: 2020-08-03
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0824

    Superior court correctly determined that under Emerich v. Phila. Ctr. For Human Dev., Inc. 720 A.2d 1032, appellants had a duty to warn "readily identifiable" victims and record supported a finding that victim, who lived five doors from mental health patient who repeatedly threatened to kill his "neighbors," was just such a "readily identifiable" victim. 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

    View more book results for the query "*"

  • Commonwealth v. McClelland

    Publication Date: 2020-08-03
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0815

    Trial court violated defendant's rights in finding prima facie case for criminal charges when commonwealth relied solely upon hearsay evidence at preliminary hearing. Order of the superior court reversed.

  • Commonwealth v. Lacombe

    Publication Date: 2020-08-03
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0814

    Subchapter I of Sex Offender Registration and Notification Act did not constitute a punitive law given the compelling government interest of public safety in providing citizens with information about sex offenders in their neighborhoods, where the punitive effects were not excessive in relation to those public safety goals, such that the retroactive effect of Subchapter I did not constitute an ex post facto violation. Orders of the trial court reversed.

  • Easton Area Sch. Dist. v. Miller

    Publication Date: 2020-06-29
    Practice Area: Public Records
    Industry: Education
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0676

    School bus surveillance video constituted public record subject to disclosure under the Right-to-Know Law where no evidence that disclosure would lead to loss of federal funding for school district pursuant to FERPA. Order of the commonwealth affirmed, case remanded with instructions.

  • Ladd v. Real Estate Comm'n of the Commonwealth

    Publication Date: 2020-06-08
    Practice Area: Regulation
    Industry: Real Estate
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0577

    The Real Estate Licensing and Registration Act's broker licensing requirements were unconstitutional as applied to operator of short-term vacation property rental website as unduly burdensome. Order of the commonwealth court reversed, case remanded.

  • Erie Ins. Exch. v. Moore

    Publication Date: 2020-05-04
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0459

    Superior court properly found insurer had a duty to defend in action filed against decedent's estate by boyfriend of decedent's former spouse who was shot by decedent while struggling for a gun during decedent's murder-suicide of former spouse and himself because allegations in the complaint that decedent "negligently, carelessly and recklessly caused the weapon to be fired" presented a factual scenario that fell with the definition of a covered "occurrence." Affirmed.