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  • Commonwealth v. Bowers

    Publication Date: 2018-05-01
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0417

    In this case of first impression, the appellate court held that while an underlying criminal action remains pending, an appeal from an order deciding a commonwealth forfeiture petition is interlocutory and unappealable if the forfeiture petition relates in any way to the criminal prosecution. The appellate court squashed defendants appeal.

  • Reginelli v. Boggs

    Publication Date: 2018-04-10
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0430

    PRPA evidentiary privilege did not apply where entity was not a professional health care provider, and where performance review was not conducted by hospitals established peer review committee. Order of the superior court affirmed.

  • Commonwealth v. Trahey

    Publication Date: 2018-04-10
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0420

    Delay in responding and investigating motor vehicle accident, lack of manpower to obtain warrant, and natural dissipation of alcohol from bloodstream combined to create exigent circumstances supporting a warrantless blood draw. Order of the trial court reversed, case remanded.

  • Commonwealth v. Giles

    Publication Date: 2018-04-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0384

    The trial court did not err in allowing the commonwealth to admit a video of the victims forensic interview as a prior consistent statement where the victim was subjected to extensive cross-examination to discredit her recollection and the interview was admitted to corroborate her impeached testimony. The appellate court affirmed a trial court order denying defendant relief.

  • Commonwealth v. Mangel

    Publication Date: 2018-04-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0386

    Commonwealths motion to introduce Facebook messages and posts allegedly made by defendant correctly denied where the commonwealth failed to present evidence sufficiently corroborating defendant as the owner of the account and the sender of the messages at issue. Order of the trial court affirmed.

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  • Busch v. Domb et al

    Publication Date: 2018-03-27
    Practice Area: Business Torts | Contracts | Evidence
    Industry: Real Estate
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0319

    Defendant, a real estate brokerage firm representing both the buyer and seller in dual agency purchase and sale agreement, failed to demonstrate that it was a privy to an integration clause in the real estate sale agreement and, thus, could not rely on the parol evidence rule to bar consideration of certain evidence. The court denied defendants motion for reconsideration of an order denying in part a motion to dismiss.

  • Yulish v. Sedhom

    Publication Date: 2018-03-13
    Practice Area: Contracts | Evidence
    Industry:
    Court: Courts of Common Pleas, Berks County
    Judge: Judge Sprecher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0245

    The court allowed the trier of fact to considered evidence about the parties prior conversations and/or negotiations where they had entered into an oral agreement regarding a loan, not a written agreement as defendant asserted.

  • Commonwealth v. Crosley

    Publication Date: 2018-03-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0250

    Evidence of defendants prior conviction for aggravated assault arising from his attack of a security guard while holding a sharp object was permissible in this unrelated murder case to rebut defendants unsolicited character testimony that he never before carried a weapon.

  • Commonwealth v. Porambo

    Publication Date: 2018-03-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Serfass
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0190

    The evidence at trial was sufficient to find defendant guilty of driving too slow for conditions in violation of 75 Pa.C.S. §3364(a) where the arresting officer observed defendant cause a traffic jam due to her slow driving and credibly disputed defendants claim that another vehicle caused her to drive too slowly. The court denied defendants motion for judgment of acquittal.

  • Commonwealth v. Fulton

    Publication Date: 2018-03-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0217

    Police violated defendants constitutional rights when they searched his cell phone for information in a criminal investigation without a warrant. The court reversed the intermediate appellate court and remanded.