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  • Commonwealth v. Clemons

    Publication Date: 2019-02-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0121

    The high court conducted an independent evaluation of the record in this capital murder case and found the evidence sufficient to prove defendant guilty of first-degree murder beyond a reasonable doubt, including specific intent, which could be inferred from his use of a deadly weapon upon a vital part of a victim's body. The high court affirmed defendant's judgment of sentence.

  • Commonwealth v. Crispell

    Publication Date: 2018-10-09
    Practice Area: Criminal Appeals | Evidence
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1194

    While trial counsel failed to use evidence establishing that defendant's accomplice had scratches on his body, which evidence corroborated defendant's version of events leading to the criminal charges, defendant failed to demonstrate that he would have been convicted of something less than first-degree murder if only the jury had considered this evidence. The appellate court affirmed in part.

  • Jones v. Ott

    Publication Date: 2018-09-11
    Practice Area: Civil Procedure | Motor Vehicle Torts
    Industry: Automotive
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1057

    Challenge to jury charge waived where litigant failed to obtain record ruling on proposed charge and explicitly advised trial court that litigant had no objection to jury charge given by the trial court. Order of the superior court affirmed.

  • Commonwealth v. Clancy

    Publication Date: 2018-09-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1056

    The prosecutor's characterization of defendant as a "dangerous man" and a "cold blooded killer" constituted permissible, if aggressive, oratorical flair in the context of this case: therefore, defense counsel was not ineffective for failing to object to the remarks. The high court affirmed an order denying defendant post-conviction relief.

  • Commonwealth v. Barbour

    Publication Date: 2018-07-31
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0880

    The appellate court erred in finding that defendant waived his rights under rule 600 since the waiver rule set forth in Commonwealth v. Steltz is narrow in scope.. The high court reversed the appellate court's decision.

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  • Commonwealth v. Chambers

    Publication Date: 2018-07-31
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0878

    The high court did not address the difficult issue of whether criminal convictions can rest upon a theory of conspiratorial liability. The high court reversed and remanded.

  • Dep't of Labor and Industry v. Workers' Compensation Appeal Bd.

    Publication Date: 2018-07-17
    Practice Area: Labor Law
    Industry: Construction
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0837

    Commonwealth court properly held that claimant, injured while remodeling a restaurant that had not yet opened for business, was not covered by the CWMA because the CWMA referred to individuals who worked for a business entity that performed construction services and was inapplicable when the putative employer was not in the business of construction. Affirmed.

  • Walters v. UPMC Presbyterian Shadyside

    Publication Date: 2018-07-10
    Practice Area: Class Actions | Personal Injury
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0770

    Superior court erred in imposing a duty on staffing agency but correctly imposed duty on hospital, in negligence action brought by patients infected with hepatitis C by technician's theft of a controlled substance, refiling the syringes with saline and placing the contaminated syringes where they could be used to infect patients, because the CSA imposed a duty on hospital but not on agency to report the thefts to the DEA. Affirmed in part and reversed in part.

  • Commonwealth v. Romero

    Publication Date: 2018-05-08
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0539

    Police could not effect arrest warrant in home of third-party absent magisterial determination of probable cause to search third-party home. Order of the superior court reversed, case remanded.

  • Kegerise v. Delgrande

    Publication Date: 2018-05-08
    Practice Area: Education Law | Labor Law
    Industry: Education
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0546

    Commonwealth court erred in affirming trial courts conclusion that school superintendent was entitled to mandamus relief in her action seeking reinstatement because superintendent negotiated the right to resign without notice and her filing a federal action asserting constructive discharge implied that she considered her employment terminated before the school board voted to accept her resignation. Reversed.