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Publication Date: 2024-09-06 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Lazarus Attorneys:For plaintiff: for defendant: Case Number: 515 WDA 2023
Commonwealth appealed the trial court's order denying its request to impanel a death-qualified jury. The court reversed and remanded, holding that the trial court acted outside its legal authority in usurping Commonwealth's ability to seek the death penalty by prohibiting the parties from proffering voir dire questions necessary to death-qualify a jury, and by ruling that there would be no jury deliberations regarding sentencing in a defendant's criminal homicide trial.
Trial court erred in finding tax claim bureau took reasonable efforts to locate property owner by relying on bureau's statutory publication requirement and where the bureau failed to follow all statutorily listed methods and instead focused on the property owner's failure to update her registered address. Order of the trial court reversed.
Defendant sought post-trial relief after his conviction on charges of murder and criminal conspiracy to commit murder. The court denied defendant's motion, holding in pertinent part that Commonwealth was properly allowed to amend its information to add the charge of criminal conspiracy on the eve of trial where defendant was afforded the opportunity to file a petition for writ of habeas corpus as a means of challenging the evidence in support of the newly-filed charge.
Lower courts erred in enjoining property owner from posting signs protesting neighbor's allegedly racist behavior where posting the signs constituted pure speech as it was motivated in part by highlighting the community effects of racism, and thus an injunction constituted an impermissible prior restraint on speech. Order of the superior court vacated in part.
Publication Date: 2024-09-06 Practice Area:Criminal Law Industry: Court:Commonwealth Court Judge:Judge Leavitt Attorneys:For plaintiff: for defendant: Case Number: 1498 C.D. 2022
Trial court erred in granting civil forfeiture of defendant's vehicle where Commonwealth presented no evidence that defendant regularly used the vehicle as part of his drug transactions to support finding that the vehicle was an instrumentality of defendant's criminal activity. Order of the trial court reversed.
Publication Date: 2024-09-06 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stevens Attorneys:For plaintiff: for defendant: Case Number: 1734 EDA 2022
Appellant appealed the trial court's judgment of sentence on his jury conviction of rape and related crimes. The court affirmed, holding in pertinent part that the trial court did not violate appellant's rights by posing three brief questions to his crime victim at trial in order to clarify her responses to a question posed by Commonwealth.
In this § 1925(a) opinion, the court defended its order denying defendants' petition to set aside a sheriff's sale of their real property after it was purchased by Chase Capital One, LLC and resold to JWMZ Realty, LLC as a reasonable exercise of the court's discretion. After defendants defaulted in payment, plaintiff filed a Complaint with Notice to Defend to initiate the mortgage foreclosure that was properly served on defendants. There were several attempts to hold conciliation program conferences for which defendants were served wi
Publication Date: 2024-09-06 Practice Area:Criminal Law Industry: Court:Commonwealth Court Judge:Judge Wojcik Attorneys:For plaintiff: for defendant: Case Number: 1440 C.D. 2021
Where appellant did not admit to providing an insufficient breath sample and there was no evidence regarding the breath test from the administering officer, the trial court erred in concluding that appellant had refused breath testing. Order of the trial court vacated and remanded.
Trial court properly awarded counsel fees to appellee after appellants' confession of judgment complaint was dismissed because appellants lacked a sufficient basis in law or fact to commence the action and the sole purpose of the action was to cause annoyance to appellee. Affirmed.