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The trial court did not err in allowing the commonwealth to admit a video of the victims forensic interview as a prior consistent statement where the victim was subjected to extensive cross-examination to discredit her recollection and the interview was admitted to corroborate her impeached testimony. The appellate court affirmed a trial court order denying defendant relief.
Commonwealths motion to introduce Facebook messages and posts allegedly made by defendant correctly denied where the commonwealth failed to present evidence sufficiently corroborating defendant as the owner of the account and the sender of the messages at issue. Order of the trial court affirmed.
Defendant in this breach of contract dispute was not prejudiced by the courts decision to proceed to trial without plaintiffs business in the wake of the businesss bankruptcy filing where the case at bar was about the enforcement of an oral contract between the three individual parties personally. The court recommended affirmance of its order orders denying defendant post-trial relief.
Trial court properly found that landowner did not waive its right to raise the issue of a de facto taking, despite its failure to file preliminary objections to DOTs declaration of taking, because the 0.142 acre area that was allegedly a right-of-way was not properly identified and included in the declaration but the trial court did err in determining that an inverse condemnation had occurred because the board of property had exclusive jurisdiction to determine title to property to which the commonwealth held an interest. Affirmed in
Several legislators lacked standing to challenge state supreme courts decision to overturn representative districting map and implement its own map when legislature failed to adopt its own remedial map within the court-ordered deadline. Defendants motion for judgment on the pleadings granted.
Defendant not entitled to relief from no contest plea based on allegation that he lied in his plea colloquy, or claim that he would not have lied during colloquy had plea counsel explained the legal standard for post-sentence withdrawal of plea. Order of the PCRA court affimed.
The trial court rejected as unproven a purported stipulation between counsel as to causation where there was a dispute as to whether defendant agreed to stipulate that his admitted negligence caused plaintiff injury and no writing presented. The court recommended affirmance of an order denying plaintiffs motion for a new trial.
Court quashed husbands motion to compel and for a rule 17(c) subpoena seeking discovery in his prosecution for filing false tax returns after wife pled guilty to embezzling $12.9 million from her employer because husband failed to point to specific admissible evidence relevant to the false tax return charges for his rule 17(c) subpoena and his motion to compel sought items relating to the source of the income or the victims failure to uncover the fraud scheme which were not relevant to the false tax filing charges. Motion to quash g
District Court did not abuse its discretion in rejecting plaintiffs proposed class certifications in plaintiffs purported class action over roof singles because the proposal for a nationwide class was essentially an advisory opinion and the claims for the pro-posed four state class could not be proven by common evidence and plaintiffs offered no theory of liability for which classwide treatment was apt. Affirmed.
Publication Date: 2018-04-03 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stevens Attorneys:For plaintiff: for defendant: Case Number: 18-0388
Trial counsel not ineffective in advising defendant to waive jury trial based on counsels strategic belief that it would result in a fairer trial due to counsels experience of violent sexual crimes inflaming and prejudicing juries against defendants. Order of the PCRA court affirmed.