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  • Commonwealth v. Lu

    Publication Date: 2019-11-25
    Practice Area: Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1376

    The trial court erred in admitting a hearsay statement implicating defendant in the operation of an alleged house of prostitution where the witness who made the testimonial statement was unavailable and defendant did not have an opportunity to cross-examine her. The appellate court vacated defendant's judgment of sentence.

  • United States v. Hall

    Publication Date: 2019-11-25
    Practice Area: Evidence
    Industry:
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Rambo
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1392

    Defendant made pretrial motions to suppress voice identifications and bank records and dismiss identify theft counts in his trial for money laundering, identity theft and mail fraud and court found voice identification was allowed under F.R.E. 901 as opinion evidence, the subpoena was sufficient to obtain his bank records and the counterfeit DD 214 forms defendant submitted qualified as a "means of identification." Motions denied.

  • Koch v. Musser

    Publication Date: 2019-11-11
    Practice Area: Evidence | Personal Injury
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1275

    Plaintiff's chronic marijuana use was relevant and admissible to the issues of his future earning capacity and his future life expectancy, though evidence of plaintiff's chronic marijuana use as a factor relevant to his future life expectancy required expert testimony. The court granted in part and denied in part plaintiff's motion in limine.

  • Carlini v. Glenn O. Hawbaker, Inc.

    Publication Date: 2019-09-30
    Practice Area: Evidence
    Industry: Construction
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1136

    The trial court abused its discretion in admitting financial records and testimony regarding defendant's net worth where there was no indication that the witness offering such evidence possessed knowledge sufficient to authenticate the financial records, which had been prepared by an outside tax advisory firm. The appellate court affirmed in part and reversed in part.

  • Commonwealth v. Madison

    Publication Date: 2019-05-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0587

    The court denied a motion to suppress, because defendant had a diminished privacy interest as a vehicle occupant, and the officer had probable cause to stop the vehicle after witnessing the driver engaging in unlawful activity.

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  • Commonwealth v. Russell

    Publication Date: 2019-05-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0620

    Evidence was sufficient to convict for aggravated assault where it demonstrated that appellant shoved his elderly victims to the ground and down flights of stairs, which could support the jury's inference that appellant intended to inflict serious bodily injury. Judgment of sentence affirmed.

  • Pennsylvania Trust Co. v. Wilkes-Barre Hospital Co.

    Publication Date: 2019-05-13
    Practice Area: Evidence
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0474

    Pursuant to Aldridge v. Edmunds and its progeny, defendant's medical expert could make limited reference to textual materials in explaining the basis for his opinion that, contrary to plaintiff's assertion, the infant plaintiff did not meet the "entry criteria" for initiating certain treatment. The court granted in part and denied in part plaintiff's motion in limine.

  • Commonwealth v. Duke

    Publication Date: 2019-04-29
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0478

    The trial court erred in concluding that arresting officers faced "exigent circumstances" while on defendant's property where the troopers failed to observe any conduct or action on defendant's part from which they could reasonably infer that defendant intended to harm them. The appellate court vacated defendant's judgment of sentence.

  • Commonwealth v. Glicas

    Publication Date: 2019-04-29
    Practice Area: Criminal Law | Evidence
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Banach
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0439

    Police failed to strictly comply with their procedures for towing a vehicle and conducting an inventory search, so the court granted defendant's motion to suppress.

  • Bayview Loan Servicing LLC v. Wicker

    Publication Date: 2019-04-15
    Practice Area: Evidence
    Industry: Financial Services and Banking
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0431

    The trial court did not err in allowing an employee of a successor bank, which was assigned defendants' mortgage from the original lender, to give testimony authenticating the loan documents under the business records exception to the hearsay rule where the witness provided information to justify a presumption of trustworthiness.