Filter This View

  • Commonwealth v. Eid

    Publication Date: 2021-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0512

    The evidence at bar was sufficient to sustain defendant's conviction for refusing to submit to a warrantless breath test, but the driving under suspended license statute under which he was sentenced lacked a statutory maximum penalty and was, therefore, unconstitutionally vague. The high court affirmed defendant's conviction but vacated his sentence.

  • Commonwealth v. Wardlaw

    Publication Date: 2021-05-10
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0521

    Superior court properly quashed defendant's appeal and found defendant was not entitled to an interlocutory appeal under rule 311(a)(6) where trial court sua sponte declared a mistrial because a court entered an order "awarding a new trial" for the purposes of Pa.R.A.P. 311(a)(6) only when it granted a party's motion for a new trial. Affirmed.

  • In re: Estate of W. McAleer

    Publication Date: 2021-04-19
    Practice Area: Discovery
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0422

    The high court split on whether the attorney-client privilege and work product doctrine protect communications between a trustee and counsel from discovery by beneficiaries when the communications arose in the context of adversarial proceedings between those parties, but found that disclosure would nevertheless result from the competing positions set forth by a majority of justices. The high court affirmed the lower court's alternative ruling.

  • Commonwealth v. Mayfield

    Publication Date: 2021-04-05
    Practice Area: Criminal Law
    Industry: Legal Services | State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0365

    Trial court lacked authority to remove district attorney's office for failing to participate in parole revocation hearing and to appoint a private attorney to represent the commonwealth. Order of the trial court vacated, case remanded.

  • Gregg v. Ameriprise Fin. Inc.

    Publication Date: 2021-03-01
    Practice Area: Consumer Protection
    Industry: Financial Services and Banking | Insurance
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0215

    Violating catch-all provision of the Pennsylvania Unfair Trade Practices and Consumer Protection Law by engaging in deceptive conduct constituted strict liability offense, such that consumer's failure to establish fraudulent or negligent behavior in other claims in case did not bar statutory claim. 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

    View more book results for the query "*"

  • Lamar Advantage GP Co., LLC v. City of Pittsburgh Zoning Bd. of Adjustment

    Publication Date: 2021-02-01
    Practice Area: Administrative Law
    Industry: Advertising | State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0100

    Lower courts properly upheld changes to billboard sign where owner had an existing legal, non-conforming use and had not sought to change the structure of the billboard, which would require new approvals and permits. Order of the commonwealth court affirmed.

  • Graham v. Check

    Publication Date: 2021-01-18
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0035

    Trial court erred in issuing sudden emergency doctrine instruction to the jury where pedestrian's entrance into the intersection with the signal in their favor and proceeding across the intersection at a normal pace meant the driver's failure to observe the pedestrian until it was too late to safely stop meant that any emergency was self-created by the motorist. Order of the superior court reversed, case remanded.

  • Commonwealth v. Cox

    Publication Date: 2020-11-02
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1182

    Trial court erred in concluding analysis of defendant's alleged intellectual disability after finding standardized testing conducted by defendant's experts to be not credible, where determination of intellectual disability was not limited solely to the results of diagnostic testing but could be based on other assessments as well. Order of the trial court reversed, case remanded.

  • Commonwealth v. Small

    Publication Date: 2020-10-19
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1132

    Although public record presumption had no statutory basis in the newly-discovered facts statutory exemption to the PCRA time bar, defendant's PCRA petition failed where a commonwealth witness's new testimony was materially consistent with trial testimony. Order of the superior court affirmed.

  • Sivick v. State Ethics Comm'n

    Publication Date: 2020-10-12
    Practice Area: Government
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1116

    Commonwealth court erred in finding supervisor's act of approving his son's payroll for work as road crew constituted a conflict of interest because the performance by a public officer of an administrative act entailing no discretion that benefited a subclass that included a family member did not constitute a conflict of interest and court erred in approving commission's imposition of restitution since commission lacked a statutory basis to impose restitution. Reversed and remanded.