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Publication Date: 2024-09-06 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Bender Attorneys:For plaintiff: for defendant: Case Number: 1419 WDA 2023
Appellant appealed from the post-conviction court's order denying his petition under the Post Conviction Relief Act. The court affirmed, holding that appellant failed to present a claim cognizable under the PCRA where the crux of his argument was that his case should have been heard in a different venue, namely the county where he physically sold narcotics to a confidential informant.
Publication Date: 2024-09-06 Practice Area:Criminal Law Industry: Court:Supreme Court Judge:Justice Wecht Attorneys:For plaintiff: for defendant: Case Number: 36 MAP 2023
Police lacked a basis to arrest for DUI and demand chemical testing where there was no evidence supporting reasonable suspicion that suspect had moved or driven their vehicle while intoxicated, which was necessary to find that driver had "operate[d]" the vehicle. Order of the commonwealth court reversed.
Plaintiff appealed the district court's order dismissing her complaint pursuant to § 230 of the Communications Decency Act. The court reversed in part, vacated in part, and remanded for further proceedings. The court held that defendant TikTok enjoyed no statutory immunity regarding plaintiff's claim that it engaged in first-party expressive activity by algorithmically curating and promoting Blackout Challenge videos to her deceased daughter's individualized "For You Page."
The court granted a motion to quash a subpoena issued to the custodian of records of the Disciplinary Board to the Supreme Court of Pennsylvania by a non-party to a misconduct complaint filed against District Attorney Elmer D. Christine, Jr. At the hearing, counsel for the Office of the District Attorney represented that the documents sought were confidential even though they were prepared by the complainant. The court granted the motion to quash the subpoena and further ordered that the plaintiff should serve no further subpoenas u
Defendant petitioned for a writ of habeas corpus on Commonwealth's charge of driving under the influence of alcohol or a controlled substance. The court denied the petition, concluding that Commonwealth's evidence was sufficient to establish a prima facie case that defendant was the driver of a vehicle involved in an accident where witnesses stated that he was the driver and he later admitted that this was correct. The court held further that Commonwealth's evidence was sufficient in light of police testimony regarding a strong odor o
The court reversed the decision of the trial court that sustained the statutory appeal of licensee from a one-year suspension of her operating privileges for refusing to submit to chemical testing under the implied consent law.
The Pennsylvania Public Utility Commission did not err in making railroad solely responsible for remediation efforts where it created a hazardous condition for traffic at a railroad crossing by elevating the tracks during joint reconstruction with PennDOT without notifying the PUC or PennDOT. Order of the PUC affirmed.
Edwards appealed his conviction and sentence for possession of drugs, a firearm, and ammunition, arguing that the district court improperly denied his motions for a new trial and for a judgment of acquittal due to the government's late disclosure of impeachment materials.