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Publication Date: 2024-10-04 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stevens Attorneys:For plaintiff: for defendant: Case Number: 1059 MDA 2023
Appellant appealed the post-conviction relief court's order denying his motion for a new trial based on after-discovered evidence, which appellant argued showed that an attorney and psychologist used unduly suggestive techniques when interviewing his alleged child sexual abuse victims. The court affirmed, holding that the post-conviction relief court properly denied appellant's motion without an evidentiary hearing where he failed to show that his after-discovered evidence would be used for a purpose other than impeaching a witness's
The court justified its decision denying appellant's motions for post-trial relief in this case where appellant sued three police officers for assault and battery, false imprisonment/false arrest, malicious prosecution and abuse of process.
Court denied motion for discovery sanctions where there was no indication that plaintiffs had additional relevant documents in their possession to produce. Defendant's motion for sanctions denied.
Publication Date: 2024-10-04 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Per Curiam Attorneys:For plaintiff: for defendant: Case Number: 1120 MDA 2022
Court disputed whether including prior felony conviction used in an offense gravity score as part of the defendant's prior record score constituted impermissible "double counting." Judgment of sentence affirmed.
Publication Date: 2024-10-04 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge McLaughlin Attorneys:For plaintiff: for defendant: Case Number: 1116 WDA 2023
Appellant appealed the trial court's judgment of sentence entered on her conviction for driving under the influence of alcohol or a controlled substance-metabolite of a substance. The court affirmed, holding that the statute under which appellant was convicted was not unconstitutionally vague in forbidding operation of a motor vehicle with a metabolite of a controlled substance in one's blood.
Court declined to reschedule trial where defense counsel was aware of its scheduling conflicts upon entering their appearance, the defense law firm had other attorneys qualified to try the case, and rescheduling trial would adversely affect litigants in other cases on the court's docket. Defendants' motion for reconsideration denied.
The court entered judgment on the pleadings finding that a subcontractor's insurer must pay the fees and costs necessary to defend the general contractor in a suit against it arising from the subcontractor's employee's injury on the job.
Publication Date: 2024-10-04 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Murray Attorneys:For plaintiff: for defendant: Case Number: 324 WDA 2024
Trial court had sufficient evidence to involuntarily terminate parental rights where mother proved incapable of remedying her substance abuse issues and expert testimony found child had a stronger, healthier bond with her foster parent. Order of the trial court affirmed.
Failure of several candidates to file affidavits did not affect the validity of the candidacy of individuals seeking election to other offices who had submitted their candidate affidavits. Petition to strike denied in part and dismissed as moot in part.