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  • Commonwealth v. Drummond

    Publication Date: 2022-12-12
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 28 EAP 2021

    Trial courts should not use personal, emotion-laden hypotheticals couched in language of willingness to act when instructing juries on the standard of reasonable doubt but should instead use language framed in terms of hesitation to act. Order of the superior court affirmed.

  • In re: Appeal of April 24, 2018 Decision of, Charlestown Twp. Zoning Hearing Bd.

    Publication Date: 2022-08-29
    Practice Area: Land Use and Planning
    Industry: Advertising | State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0962

    The lower courts did not err in finding that a Charlestown Township zoning ordinance was not unlawfully exclusionary as the restrictions complained of, i.e., those applying to billboards within the township and next to the state turnpike, arose from a state regulation establishing standards for outdoor billboards, not from the township's zoning ordinance. The high court affirmed.

  • In re Nomination Petition of Jordan

    Publication Date: 2022-08-01
    Practice Area: Election and Political Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0861

    Commonwealth court erred in finding objector's challenge to candidate's nomination petition was nonjusticiable because nomination challenges predicated on allegations that candidate for the general assembly could not meet the qualification requirements in art. II, §5 of the Pennsylvania constitution were justiciable per the implicit legislative prerogative embodied by §977 of the election code and candidate in this case failed to meet the requirements.

  • Commonwealth v. Prinkey

    Publication Date: 2022-07-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0793

    Longer sentence imposed on resentencing motivated by prosecutorial retaliation against defendant's successful appeal constituted cognizable challenge to legality of sentence under the PCRA. Order of the superior court reversed and remanded.

  • In re: Estate of Jabbour

    Publication Date: 2022-07-04
    Practice Area: Trusts and Estates
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0750

    Spouse who made an election under or against a will was required to revoke any election within the same statutory time frame for filing the election. Order of the superior court reversed.

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  • Corman v. Acting Sec'y, Pennsylvania Dep't of Health

    Publication Date: 2022-01-24
    Practice Area: Government
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0085

    The commonwealth court did not err in finding that Pennsylvania's Acting Secretary of Health lacked the power to issue a mask mandate requiring individuals in state schools to wear face coverings as a means of controlling the spread of COVID-19. The high court affirmed the commonwealth court's ruling.

  • O'Donnell v. Allegheny County N. Tax Collection Comm.

    Publication Date: 2022-01-24
    Practice Area: Tax
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0084

    The trial court did not err in finding that a whistleblower payment made to plaintiff, who alleged that his employer violated the federal False Claims Act, was taxable as earned income at the local level since the qui tam award was taxable as compensation under §303 of the Pennsylvania Tax Reform Code. The high court reversed the commonwealth court's ruling.

  • Commonwealth v. Talley

    Publication Date: 2022-01-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0039

    Commonwealth was required to have a "substantially more likely than not" standard of proof, situated between prima facie and beyond a reasonable doubt, to deny bail to a criminal defendant. Judgment of the superior court affirmed.

  • Whalen v. Pub. Sch. Employees Ret. Bd.

    Publication Date: 2022-01-17
    Practice Area: Employment Litigation
    Industry: Education
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0053

    Commonwealth court erred in relying on the stated intent of the parties in a settlement agreement and ignoring the definition of "compensation" in the retirement code in finding appellee's settlement payment in his age discrimination action was retirement-covered compensation. Reversed.

  • Commonwealth v. Santana

    Publication Date: 2022-01-17
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0037

    Punitive provisions of Sexual Offender Registration and Notification Act were unconstitutionally applied to offender convicted of rape in another state prior to the enactment of sex offender registration systems, as imposition of SORNA requirements constituted an unconstitutional ex post facto increase in punishment. Order of the superior court affirmed.