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Publication Date: 2021-12-13
Practice Area: Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1444
As-applied constitutional challenge to PCRA time bar failed where petitioner had not explained why he could not bring his petition within the time bar or under any of the statutory exceptions to the time bar. Order of the PCRA court affirmed.
Publication Date: 2021-12-06
Practice Area: Employment Litigation
Industry:
Court: Supreme Court
Judge: Justice Mundy
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Case Number: 21-1416
Plaintiff appealed the denial of his workers' compensation claim for injuries from an automobile accident occurring after an employer sponsored event at a pub and court found the traveling employee doctrine applied and claimant did not abandon his employment but that there was an unresolved conflict of testimony as to where claimant was coming from at the time of the accident. Vacated and remanded.
Publication Date: 2021-11-08
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Mundy
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Case Number: 21-1294
Appellant challenged the standards by which police officers could remove objects detected during a Terry stop and frisk and court found officer could remove the object if he or she had reasonable suspicion the object was a weapon or, if officer determined the object was not a weapon, if it was immediately apparent by touch that the object was illegal contraband. Affirmed.
Publication Date: 2021-11-08
Practice Area: Constitutional Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Mundy
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Case Number: 21-1302
Lawful firearms owners who resided or worked in or regularly traveled to a municipality had standing to challenge municipal ordinances regulating the possession and use of firearms as the active enforcement of the ordinances gave the owners a substantial and immediate interest in determining the legality and constitutionality of the ordinances. Order of the commonwealth court affirmed.
Publication Date: 2021-10-18
Practice Area: Premises Liability
Industry: Real Estate | State and Local Government
Court: Supreme Court
Judge: Justice Mundy
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Case Number: 21-1201
Claim of sovereign immunity was immediately appealable under the collateral order doctrine as sovereign immunity was a protection from suit, not just liability for damages, and therefore would be irreparably lost if public entity were forced to litigate all the way to final judgment to seek appellate review on its immunity claim. Order of the commonwealth court reversed and remanded.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2021-10-18
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1197
Petition for post-conviction relief properly dismissed where counsel could not be held deficient for experts' failure to diagnose defendant with intellectual disability, and defendant could not present standalone Atkins claim in a PCRA petition, particularly where his medical expert testimony in support of his claim was found not credible. Order of the PCRA court affirmed.
Publication Date: 2021-09-20
Practice Area: Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
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Case Number: 21-1089
Admission of forensic interview of child sexual assault victim in its entirety under Rule 106 was erroneous where only certain portions of the interview would have served to correct misleading impressions introduced by defense cross-examination. Judgment of the superior court reversed, case remanded.
Publication Date: 2021-09-06
Practice Area: Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1014
Superior court properly interpreted merger statute to require only evaluating the statutory elements of offenses rather than the specific factual circumstances of committed offenses in determining whether to merge convictions. Judgment of the superior court affirmed.
Publication Date: 2021-05-31
Practice Area: Health Care Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Mundy
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Case Number: 21-0592
The superior court properly found that §301 of the Mental Health Procedures Act requires a showing of a threat and an act in furtherance of that threat to warrant involuntary treatment based upon a clear and present danger; however, the court erred in ordering the expungement of petitioner's treatment records because the evidence at bar did in fact satisfy that standard. The high court reversed.
Publication Date: 2021-05-17
Practice Area: Contracts
Industry: Cargo and Shipping | Transportation
Court: Supreme Court
Judge: Justice Mundy
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for defendant:
Case Number: 21-0551
Superior court properly held that a no-hire or "no poach" agreement ancillary to a services contract between business entities was not enforceable because balancing the overbreadth of the provision and the likelihood of harm to the public showed that provision unreasonably restrained trade. Affirmed.
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