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judge:"Steven Andrews"
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Publication Date: 2018-02-13 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Bender Attorneys:For plaintiff: for defendant: Case Number: 18-0135
Defendants sentences for his two robbery convictions were illegal where the commonwealth adhered to the requirements for invoking the application of 42 Pa.C.S. §9714, addressing sentences for second and subsequent offenses, but the trial court failed to impose the mandatory minimum sentence. The court vacated defendants judgment of sentence.
Suppression motion properly denied where defendant was observed in high-crime area immediately after report of gunshots, and thereafter immediately attempted to evade police, providing reasonable suspicion to engage in a stop and investigative detention. Judgment of sentence affirmed.
Publication Date: 2018-02-13 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Ott Attorneys:For plaintiff: for defendant: Case Number: 18-0139
Commonwealth excused from due diligence in bringing defendant to trial under Rule 600 where defendant had notice to appear and willfully failed to appear, and was not otherwise apprehended on the same charges. Order of the trial court reversed, case remanded.
Court granted summary judgment for insurer in plaintiffs action for fire damage to her house caused by fire set by her mentally ill hus-band because policy excluded intentional damage, co-insured husband intentionally set the fire and the fact that his actions were irrational had no bearing on coverage under the policy. Motion granted.
Debtor not entitled to strike or open confessed judgment where debtor failed to allege or provide evidence that lender was engaged in organized criminal or racketeering activity in charging debtor an annual interest rate exceeding the limit set in the RICO statute, but remand necessary to determine availability of offset for merchandise seized by lender. Order of the trial court affirmed, case remanded for rehearing.
The evidence was sufficient to support defendants robbery conviction where he injured the victim while both punching her in the head and taking her purse, as the commonwealth was not required to elicit from the victim testimony regarding her precise level of pain. The appellate court affirmed defendants judgment of sentence.
The board of a planned residential community acted improperly when it decided to reduce the number of corporate directors without membership involvement and approved of the re-siding project without giving members notice of the capital expenditure. The court granted plaintiff partial relief.
Court appointed single-firm structure for interim class counsel where risks of increased costs and difficulty in managing multi-firm structure outweighed any benefits multi-firm structure had in effectively serving prospective class. Plaintiffs application to appoint interim class counsel granted.
In this case involving injuries sustained by plaintiff while using a waterslide, sufficient factual issues existed regarding the condition of the slide and cause of plaintiffs injuries that the court denied defendants motion for summary judgment.
Plaintiff was entitled to judgment as a matter of law where defendant failed to timely file a brief in response to plaintiffs motion for summary judgment, and where defendant did not assert any valid defense to plaintiffs breach of contract claim.