• Commonwealth v. Miller

    Publication Date: 2018-11-20
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1388

    Motion to dismiss on double jeopardy grounds denied despite prior guilty plea to specific crimes listed in new criminal complaint where new complaint sought to prosecute defendant for a broader, statewide conspiracy and commonwealth expressly intended not to punish defendant for those specific criminal episodes. Order of the trial court affirmed.

  • Andrews v. Pennsylvania

    Publication Date: 2018-11-20
    Practice Area: Constitutional Law | Tax
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1385

    The personal income tax at issue withstood taxpayers' dormant commerce clause challenge where the taxable event was the disposition of a commercial property in Pittsburgh through foreclosure and the resulting tax was applied to an activity with a substantial nexus to Pennsylvania. The commonwealth court affirmed a Board of Finance and Revenue decision.

  • Commonwealth v. Haughwout

    Publication Date: 2018-11-13
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1369

    Application of Pennsylvania's Sexual Offender Registration and Notification Act as to defendant was not unconstitutional given that the Act did not change his reporting period where defendant was subject to lifetime registration upon his initial conviction. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Williams

    Publication Date: 2018-11-13
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1361

    Defendant was bound by plea agreement in which he stipulated that withdrawal of his guilty plea would substantially prejudice the commonwealth and the trial court correctly denied his pre-sentence motion for withdrawal. Judgment of sentence vacated in part and affirmed in all other respects.

  • Griffin v. Malisko

    Publication Date: 2018-11-13
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Rambo
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1354

    Defendants, correctional facility unit manager and correctional officer, moved to dismiss inmate's action asserting they retaliated against him for a letter he sent complaining about the officer and the court found plaintiff did not satisfy the adverse action element of his retaliation claim because his transfer from one cellblock to another similar cellblock was insufficient to deter a person of ordinary firmness from exercising his constitutional rights, his allegation of the loss of his job showed adverse action but he did not name

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  • Watkins v. Pennsylvania Dept. of Corr. et al

    Publication Date: 2018-11-06
    Practice Area: Administrative Law | Constitutional Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1322

    The trial court did not err in dismissing plaintiff's complaint sua sponte in this case where the complaint constituted prison conditions litigation and plaintiff's pleading failed to state a cause of action against the named defendants. The commonwealth court affirmed an order dismissing plaintiff's complaint.

  • Commonwealth v. Bricker

    Publication Date: 2018-11-06
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1320

    When the trial court resentenced defendant in light of Commonwealth v. Muniz, it did not impose an illegal sentence in ordering defendant, a sexually violent predator, to register for a period of 25 years under subchapter H of the Sex Offender Registration and Notification Act. The appellate court affirmed defendant's judgment of sentence.

  • O'Toole v. Dep't of Corr.

    Publication Date: 2018-10-30
    Practice Area: Constitutional Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1302

    DOC exercised its discretion based on security concerns and properly changed a pre-existing discretionary policy regarding inmate's possession of Timberland boots, in inmate's challenge to DOC policy restricting possession of Timberland or Rocky boots, and inmate did not have a constitutionally protected right to possess his boots. Petition dismissed.

  • In the Interest of A.A.

    Publication Date: 2018-10-30
    Practice Area: Constitutional Law | Evidence
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1299

    Superior court properly found that appellant consented to a search of her vehicle during a legal investigative stop, even though officer told her "goodnight" and turned away after giving her a traffic citation before he again questioned her and she gave the consent, because the totality of the circumstances, including the odor of marijuana and passenger's furtive movements, gave officer reasonable suspicion to conduct the second detention and the consent to search was valid. Affirmed.

  • Ctr for Investigative Reporting v. SEPTA

    Publication Date: 2018-10-16
    Practice Area: Administrative Law | Constitutional Law
    Industry: Advertising | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1230

    The defendant transit company had the discretion to develop and adopt reasonable choices concerning its advertising space, and the evidence of record was insufficient for the court to determine whether the company's standards, employed to reject plaintiff's advertisement, were reasonable. The court denied plaintiff's request for injunctive relief.