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  • Carletti v. Commonwealth, Dept. of Transportation

    Publication Date: 2018-07-31
    Practice Area: Evidence | Personal Injury
    Industry:
    Court: Commonwealth Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0868

    Defendant was entitled to a new trial in this personal injury action where the trial court erred in failing to give the jury proper limiting instructions regarding an expert's use of hearsay evidence from a non-testifying witness's deposition in forming his opinion. The appellate court reversed and remanded for a new trial.

  • Commonwealth v. Hemingway

    Publication Date: 2018-07-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Ransom
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0823

    The trial court properly found that defendant was subjected to an investigative detention and that his actions in speaking to a woman on a street in a high crime area with his hand in his pocket did not provide the required reasonable suspicion to support such a detention. The appellate court affirmed the trial court's suppression order.

  • Commonwelath v. Parrish

    Publication Date: 2018-07-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0791

    Possession and firearms conviction was reversed where commonwealth failed to present sufficient evidence to demonstrate that defendant seated in vehicle's back seat had dominion and control over contraband found in the front seat. Judgment of sentence reversed.

  • Commonwealth v. Bond

    Publication Date: 2018-07-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0782

    The trial court erred in admitting a video interview of the minor victim as a prior consistent statement under Pa.R.Evid. 613(c) because this case did not involve any statement that predated the victim's alleged motive to fabricate; however, the admission was harmless error given the cumulative nature of the evidence. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Katona

    Publication Date: 2018-07-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0789

    Search warrant was valid where, based on police surveillance and information orally relayed by reliable confidential informant, obviating need to consider legality of multi-day consensual in-home intercept. Judgment of sentence affirmed.

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  • Commonwealth v. Koonce

    Publication Date: 2018-07-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0790

    Motion to produce confidential information was properly denied where defendant failed to establish materiality of potential testimony by presenting no evidence that defendant was purportedly "framed" or how the CI's testimony would support that claim. Judgment of sentence affirmed.

  • Commonwealth v. Weber

    Publication Date: 2018-06-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0759

    Trial court erred in precluding evidence of statutory personal safety defense to eluding charges by analyzing weight or credibility of defendant's prima facie evidence. Judgment of sentence vacated, case remanded for new trial.

  • Barnes v. Philadelphia Historical Comm'n

    Publication Date: 2018-06-26
    Practice Area: Administrative Law | Evidence | Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Anders
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0730

    Substantial evidence supported the finding of the city's historic commission that certain real property qualified for inclusion on the register of historic places, so the court properly dismissed the homeowner's appeal.

  • Gorsline v. Bd. of Supervisors of Fairfield Twp.

    Publication Date: 2018-06-19
    Practice Area: Administrative Law | Evidence | Land Use and Planning
    Industry: Energy
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0713

    Zoning board erred in approving conditional use where applicant failed to present evidence and board failed to make factual findings that proposed used was similar to expressly permitted use within zoning district. Order of the commonwealth court reversed.

  • Commonwealth v. Brown

    Publication Date: 2018-06-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0697

    Autopsy report was inadmissible in absence of author's live testimony, but another expert's opinion admissible where independently arrived from facts contained in report. Judgment of sentence affirmed.