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  • Commonwealth v. Graves

    Publication Date: 2018-10-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1287

    The trial court properly held that facts unknown to a petitioner for purposes of the newly discovered exception to the Post Conviction Relief Act statute of limitation cannot be information previously known and a matter of public record, but merely presented through a newly-discovered source. The appellate court affirmed an order denying defendant post-conviction relief.

  • Commonwealth v. Valdivia

    Publication Date: 2018-10-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1295

    Scope of consent to search during traffic stop did not encompass 40-minute delay for canine search because a reasonable person would understand their consent to be for a hand search immediately performed by officers. Order of the superior court reversed.

  • Johnson v. Neshaminy Shore Picnic park, Inc.

    Publication Date: 2018-10-16
    Practice Area: Evidence | Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Carrafiello
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1155

    Mother was entitled to the relief sought in her petition for forfeiture of father's share of wrongful death proceeds arising from the death of their minor child where father failed to support the child during the last year of his life. The court recommended affirmance of its order granting mother's forfeiture petition.

  • Farese v. Robinson

    Publication Date: 2018-10-16
    Practice Area: Evidence | Motor Vehicle Torts
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Kennedy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1188

    Defendants in this motor vehicle accident matter were not entitled to a new trial, because the trial court did not abuse its discretion, and adequate evidence existed in the record to support all of plaintiffs' claims.

  • Commonwealth v. Peterson

    Publication Date: 2018-10-16
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1235

    Newly-discovered fact exception to Post-Conviction Relief Act time bar applicable where PCRA counsel was ineffective per se by failing to timely file petition and where petitioner was unaware and could not ascertain the untimeliness of the petition. Order of the superior court reversed, case remanded.

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  • Hamilton v. Pennsylvania State Employees Ret. Bd.

    Publication Date: 2018-10-16
    Practice Area: Evidence | Government
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1233

    The hearing officer who heard petitioner's challenge to a beneficiary nomination form and the Pennsylvania State Employees Retirement Board, which considered petitioner's exceptions, applied the proper preponderance of the evidence standard in finding that petitioner's evidence failed to establish a forgery. The commonwealth court affirmed.

  • Commonwealth v. Chesney

    Publication Date: 2018-10-09
    Practice Area: Constitutional Law | Evidence
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Elliott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1193

    The trial court erred in failing to suppress evidence seized from defendant's car during a warrantless search of the vehicle given recent precedent on the federal automobile exception and the commonwealth's failure to establish that probable cause existed to search the vehicle without a warrant. The appellate court reversed an order denying suppression.

  • Commonwealth v. Hanson

    Publication Date: 2018-10-09
    Practice Area: Criminal Law | Evidence
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Steinberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1161

    The court denied a motion to suppress even though the search warrant contained a clerical error in the time for serving the warrant. Police acted immediately on the search warrant, and their search did not exceed the scope of the warrant.

  • Commonwealth v. Jackson

    Publication Date: 2018-10-09
    Practice Area: Criminal Appeals | Evidence
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Steinberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1163

    The court denied pretrial motions to suppress and dismiss, because police did not exceed their authority in arresting defendant and conducting and inventory search.

  • Commonwealth v. Starry

    Publication Date: 2018-10-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1199

    Petition for writ of habeas corpus reversed where trial court erroneously required commonwealth to prove blood draw occurred within two hours of defendant's operation of her vehicle and where there was good cause for any delay in the draw as defendant was receiving medical treatment. Order of the trial court reversed.