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  • In Re: Estate of Plance

    Publication Date: 2018-01-23
    Practice Area: Trusts and Estates
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0065

    Individual acting as grantor and grantee never delivered deed where he failed to record and subsequently alienated interests in the property in contravention of the deed. Order of the superior court reversed.

  • In re Trust Under Deed of Kulig

    Publication Date: 2018-01-16
    Practice Area: Trusts and Estates
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0027

    Superior Court erred in affirming the Orphans Courts decree that under 20 Pa. C.S. §7710.2, decedents inter vivos trust had to be considered part of the pretermitted spousal share because nothing in the text of §7710.2 or the commentary thereto expressed any specific legislative intent to change the pre-2006 framework for providing for pretermitted spouses and the language in §7710.2 was consistent with prior precedent. Reversed.

  • Commonwealth v. Johnson

    Publication Date: 2018-01-16
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0016

    The trial court properly granted defendant a new trial where the commonwealth failed to disclose five police reports which suggested that the commonwealths key witness sought to curry favor with police regarding his own criminal conduct by testifying against defendant. The high court affirmed an order granting defendant a new trial.

  • Scarnati v. Wolf

    Publication Date: 2017-12-19
    Practice Area: Civil Appeals | Constitutional Law | Election and Political Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1838

    Commonwealth Court erred in denying summary relief to senators in their challenge to the governors veto of bills returned after the general assembly adjourned because Art. IV, §15 of the Pennsylvania Constitution required the bills to be returned to the house, not an agent, and the governors press release lacked the formal requirements to constitute a proclamation under §15; thus, the governors purported vetoes of the general appropriations act of 2014 and the 2014 fiscal code amendments were constitutionally deficient. Reversed.

  • Miller v. County of Centre

    Publication Date: 2017-12-19
    Practice Area: Public Records
    Industry: Legal Services | State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1832

    Commonwealth court correctly held that the district attorney and her office were not judicial agencies under the RTKL because DAs were system and related personnel but not personnel of the unified judicial system and had to be related staff which were expressly not personnel of the system. Affirmed.

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    Lancaster County & Berks County Court Rules 2023

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  • Commonwealth v. Chmiel

    Publication Date: 2017-12-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1808

    PCRA petition was timely under newly-discovered fact exception where defendant asserted FBIs novel admission that its microscopic hair analysis was scientifically. Order of the PCRA court reversed.

  • Commonwealth v. Spotz

    Publication Date: 2017-11-07
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1662

    Newly-recognized constitutional right exception to PCRA timeliness requirement improperly invoked where new constitutional rule only applied to federal statute, whereas defendant was convicted under state statute. Order of the PCRA court affirmed.

  • Commonwealth v. Jacoby

    Publication Date: 2017-10-17
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1557

    Residential search warrant lacked probable cause where it was unsupported by tailored, individualized facts regarding the subject of the search indicating that evidence relating to the crime would be found at the residence, but such error was harmless where other evidence overwhelmingly established guilt.

  • William Penn Sch. Dist. v. Dept of Educ.

    Publication Date: 2017-10-17
    Practice Area: Constitutional Law | Education Law | Government
    Industry: Education | State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1568

    The Commonwealth Court erred in holding that appellants claim that the general assembly failed to provide the resources called for in the constitutions education clause and their equal protection claims based on disparities in school district funding were non-justiciable political questions.