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Publication Date: 2024-05-27 Practice Area:Criminal Law Industry: Court:U.S. Court of Appeals for the Third Circuit Judge:Judge Roth Attorneys:For plaintiff: Benjamin L. Wallace, Jesse S. Wenger, Office of United States Attorney, Wilmington, DE for appellant. for defendant: David Pugh, Mary K. Healy, Office of Federal Public Defender, Wilmington, DE for appellee. Case Number: 23-2005
District court correctly suppressed evidence where defendant's actions were not sufficiently furtive or suspicious to justify a Terry stop.
The court granted a petition to set aside an upset tax sale of 4 acres of vacant land because plaintiff never saw the notice of tax sale posted at the premises and never received any written notice of tax sale.
Publication Date: 2024-05-24 Practice Area:Health Care Law Industry: Court:Superior Court Judge:Judge Bowes Attorneys:For plaintiff: for defendant: Case Number: 373 WDA 2023
Appellant challenged the trial court's order denying his petition to expunge his involuntary mental health commitment under the Mental Health Procedures Act. The court affirmed, holding that the evidence was sufficient to support appellant's commitment where a responding police officer opined that appellant was a clear and present danger to others, but the evidence available to an examining physician indicated appellant required commitment for medical evaluation and treatment because he was a clear and present danger to himself.
Defendant school board members appealed the district court's denial of their motion to dismiss plaintiff's suit on the basis of qualified immunity. The court affirmed, holding that defendants were not entitled to qualified immunity where plaintiff claimed he was removed from his elected office of school board president, to which he had a clearly established property right, without notice in violation of his constitutional rights.
The court denied defendant's post-trial motion for reconsideration of the court's order granting plaintiff's motion for summary judgment on a complaint of mortgage foreclosure.
Publication Date: 2024-05-24 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stabile Attorneys:For plaintiff: for defendant: Case Number: 854 MDA 2022
Although trial court erred in admitting multi-layer statements under tender years exception without assessing reliability of each layer, such error was harmless as the statements were cumulative of trial testimony and there was other overwhelming evidence of defendant's guilt. Judgment of sentence affirmed.
Publication Date: 2024-05-24 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Beck Attorneys:For plaintiff: for defendant: Case Number: 1005 WDA 2023
Trial court erred in finding Ohio's physical control of a vehicle while under the influence statute was substantially similar to Pennsylvania's DUI statute for purposes of grading a subsequent offense where Ohio's statute proscribed conduct not covered by Pennsylvania's DUI law. Judgment of sentence vacated, case remanded.