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  • Commonwealth v. Matthews

    Publication Date: 2018-10-09
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1195

    While the victim of a robbery during a pizza delivery may have mistakenly identified both assailants as African American, defendant, a Caucasian, was not entitled to relief from his robbery conviction since the evidence of record was sufficient to establish his identity as one of the two perpetrators. The appellate court affirmed defendant's conviction.

  • 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.

  • Pace v. Wal-Mart Stores E., LP

    Publication Date: 2018-10-02
    Practice Area: Evidence | Premises Liability
    Industry: Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1183

    Summary judgment dismissal granted in premises liability action where plaintiff was unable to show defendant's causation or actual or constructive notice of hazardous condition and where defendant's certification of the nonexistence of surveillance video defeated any inference of spoliation of evidence. Defendant's motion for summary judgment granted.

  • Commonwealth v. Brownlee

    Publication Date: 2018-10-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Mark
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1124

    Defendant's convictions for simple assault and harassment merged with the burglary conviction for sentencing purposes. The court concluded the burglary conviction was supported by the evidence.

  • Commonwealth v. Cramer

    Publication Date: 2018-09-25
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1135

    The trial court did not err in barring defendant's offer of DNA evidence regarding a rape victim's alleged sexual conduct with other partners where defendant asserted that the victim consented to sexual activity with him and, thus, the DNA evidence was not relevant to the issue of consent. The appellate court affirmed defendant's judgment of sentence.

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    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Commonwealth v. Yim

    Publication Date: 2018-09-25
    Practice Area: Constitutional Law | Education Law | Evidence
    Industry: Education | State and Local Government
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1145

    Trial court committed no error in finding that university public safety officers were not state actors for purposes of the fourth amendment in student's challenge to the admission in his trial of LSD and drug paraphernalia found in his dorm room because the university conducted its search on its own terms and in accordance with its policies aimed at preserving student safety and state law vested no plenary police powers in the public safety officers. Affirmed.

  • Bouzy v. State Farm Ins.

    Publication Date: 2018-09-25
    Practice Area: Evidence | Expert Witnesses | Insurance Litigation
    Industry: Insurance
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Patrick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1094

    Where plaintiffs agreed to consolidate cases, they were not entitled to severance of the matters at trial, but the court properly bifurcated trial with regard to jury and non-jury issues.

  • Commonwealth v. Smyser

    Publication Date: 2018-09-25
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1131

    The record of evidence supported the trial court's finding that defendant intentionally viewed and/or possessed the pornographic images of children found on his computer after police entered his home upon a medical emergency. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Bidwell

    Publication Date: 2018-09-25
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1132

    The trial court did not err in precluding the Commonwealth from offering evidence of defendant's prior bad acts toward four women in his trial on charges of murdering his paramour where the proffered testimony did not establish a motive for the victim's murder or evidence any distinctive pattern of behavior. The appellate court affirmed the trial court's evidentiary order.

  • Jutrowski v. Twp. of Riverdale

    Publication Date: 2018-09-24
    Practice Area: Civil Rights | Constitutional Law | Evidence
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Justice Krause
    Attorneys: For plaintiff: Robert J. Degroot (Ole Nekritin)
    for defendant: Anthony P. Seijas (Cleary Giacobbe Alfieri & Jacobs); Matthew J. Lynch (Office of Attorney General of New Jersey, Division of Law); Robert P. Preuss (Office of Attorney General of New Jersey, Division of Law Tort Litigation and Judiciary); Christopher S. Porrino, Melissa H. Raksa, and Kai W. Marshall-Otto (Office of Attorney General of New Jersey)
    Case Number: 17-2594

    §1983 Conspiracy Claim Could Stand Where Plaintiff Alleged State Officials Engaged in After-the-Fact Coverup of Alleged Constitutional Violations