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Publication Date: 2024-07-12 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge McLaughlin Attorneys:For plaintiff: for defendant: Case Number: 1613 EDA 2023
Totality of circumstances warranted officers' traffic stop to check on driver's welfare under the community caretaking doctrine, with subsequent interaction providing reasonable suspicion for DUI investigation. Judgment of sentence affirmed.
Defendants moved to dismiss plaintiff's employment discrimination complaint. The court granted the motion in part and denied it in part, holding that a terminated white male employee stated a disparate treatment claim under Section 1981 and state law where he alleged that he was discriminated against and fired on the basis of race.
Refusal of chemical testing was conscious and voluntary where licensee's wrist discomfort did not prevent him from making a knowing decision and where police were not required to force arrestees to pay attention when being read implied consent warnings. Order of the trial court affirmed.
Publication Date: 2024-07-12 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Panella Attorneys:For plaintiff: for defendant: Case Number: 1460 MDA 2023
Appellant appealed the denial of his first petition for post-conviction relief. The court affirmed, holding in pertinent part that sufficient evidence supported appellant's jury conviction of aggravated assault where appellant provoked a confrontation, sucker-punched his smaller victim, and attempted to continue his assault as the victim lay unconscious.
Respondent President Judge filed preliminary objections to petitioner's petition for review. The court sustained one of the preliminary objections and transferred the action to the Supreme Court of Pennsylvania, holding that it lacked original jurisdiction to resolve and grant relief regarding petitioner's challenges to administrative restrictions on cell phone use within the Court of Common Pleas.
Publication Date: 2024-07-12 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Panella Attorneys:For plaintiff: for defendant: Case Number: 798 EDA 2023
Police were justified in removing firearm in plain view within reach of vehicle occupants on grounds of officer safety, without any other justification or reason such as occupants' dangerous or furtive movements. Order of the trial court reversed, case remanded.
Mortgagee was not entitled to mailed notice of pre-tax sale proceedings where they did not qualify as an "owner" under the Tax Sale Law. Order of the trial court affirmed.
Licensee appealed the trial court's order upholding the Pennsylvania Liquor Control Board's denial of licensee's application to renew its restaurant liquor license. The court affirmed, concluding in pertinent part that sufficient evidence supported the determination that licensee did not operate a bona fide restaurant where licensee had a demonstrated history of failing to operate a restaurant and undertook remedial measures only when its restaurant liquor license was at risk of revocation.
Publication Date: 2024-07-12 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Lane Attorneys:For plaintiff: for defendant: Case Number: 529 WDA 2023
Minimal criminal punishments for DUI-controlled substance indicated legislature's intent for offense to be absolute/strict liability instead of requiring evidence of mens rea. Judgment of sentence affirmed.
Property owner appealed the trial court's order granting township's motion to enforce a settlement agreement. The court reversed, holding the trial court abused its discretion in finding the existence of a valid and enforceable settlement agreement where the parties' negotiations remained ongoing and owner's prompt repudiation of a suggested settlement deprived his attorney of express authority to settle on his behalf.