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The Legal Intelligencer

Commonwealth v. Kordish, PICS Case No. 17-0085 (C.P. Lawrence Nov. 15, 2016) Motto, P.J. (20 pages).

By | January 27, 2017
Defendant charged with corruption of minors, attempt to commit rape of a child, and indecent assault of two minor girls petitioned for writ of habeas corpus. Petition granted in part, application to dismiss for failure to serve was denied.
6 minute read

The Legal Intelligencer

Commonwealth v. Sims, PICS Case No. 17-0082 (C.P. Lawrence Dec. 14, 2016) Motto, P.J. (6 pages).

By | January 27, 2017
Defendant charged with possession of a controlled substance with intent to deliver sought PCRA relief 10 years after sentencing and three years after a potential statutory exception was decided, but not within the requisite 60 days for the latter. The court determined that it had no jurisdiction to hear the petition and denied it.
5 minute read

The Legal Intelligencer

Commonwealth v. McCamey, PICS Case No. 17-0092 (Pa. Super. Jan. 13, 2017) Shogan, J. (13 pages).

By | January 27, 2017
The trial court imposed an illegal sentence, in violation of the Double Jeopardy Clause, when it separately sentenced defendant on two 2nd- degree murder and one 3rd-degree murder convictions without merging the convictions for purposes of sentencing. Order denying mistrial affirmed; judgment of sentence vacated, case remanded for resentencing.
5 minute read

The Legal Intelligencer

Commonwealth v. Williams, PICS Case No. 17-0093 (Pa. Super. Jan. 12, 2017) Strassburger, J. (9 pages).

By | January 27, 2017
The trial court erred in precluding testimony describing lost surveillance footage, where such evidence was only potentially useful to defendant, rather than being materially exculpatory. Order of the trial court reversed, case remanded.
6 minute read

The Legal Intelligencer

Commonwealth v. Rodriguez, PICS Case No. 17-0079 (C.P. Monroe Nov. 9, 2016) Patti-Worthington, P.J. (17 pages).

By | January 27, 2017
Prosecution in a child abuse case sought application of the tender years rule to allow child's hearsay testimony and to permit testimony by contemporaneous alternative method. Granted.
6 minute read

Daily Report Online

11th Circuit: Murderer of LaFayette Teenager Can Sue for Right to Seek Parole

Ruling she did not exceed the statute of limitations, a north Alabama woman whose death sentence was commuted can proceed with her lawsuit challenging an Alabama law enacted in 2003 aimed at retroactively preventing her parole.
7 minute read

New York Law Journal

Wright v. Musanti

By | January 27, 2017
Kicked Man Entitled to $15,001 in Damages For Assault, Battery, False Imprisonment
3 minute read

New York Law Journal

The People v. Crespi

By | January 27, 2017
Criminal Trespass, Resisting Arrest Charges Granted Dismissal for Facial Insufficiency
3 minute read

New York Law Journal

The People v. Sosa

By | January 27, 2017
Court Finds Accusatory Instruments Not Based on Hearsay, Denies Dismissal Motion
3 minute read

New Jersey Law Journal

Doctor's Rape Conviction Tossed Over Faulty Rulings on Evidence

An appeals court has ordered a new trial for a physician who was convicted of the sexual assault of a patient who was sedated based on findings of evidentiaty errors at trial.
9 minute read

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