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The Legal Intelligencer

Commonwealth v. Rozier, PICS Case No. 17-1393 (C.P. Lawrence Aug. 25, 2017) Cox, J. (22 pages).

A criminal defendant's motion to suppress evidence was granted where police officers performed a protective sweep of a residence without articulable facts regarding the officers' safety.
3 minute read

The Legal Intelligencer

Commonwealth v. Shelton, PICS Case No. 17-0908 (Pa. Super. Sept. 7, 2017) Dubow, J. (8 pages).

The trial court properly admitted into evidence a portion of the victim's recorded forensic interview under Pa.R.Evid. 803.1(3) where the victim testified that her recollection of the incidents of abuse was much better at the time of the interview. The appellate court affirmed defendant's judgment of sentence.
3 minute read

The Legal Intelligencer

Commonwealth v. Shiloh, PICS Case No. 17-1451 (Pa. Super. Sept. 8, 2017) Gantman, J. (13 pages).

Public record presumption did not apply as a bar to invocation of the newly-discovered facts exception to the timeliness requirement of the PCRA for pro se incarcerated PCRA petitioners, although such petitioners were still required to prove that the facts underlying their claims were unknown to them and could not have been discovered sooner with due diligence. Order of the PCRA court reversed.
3 minute read

The Legal Intelligencer

Commonwealth v. Bullock, PICS Case No. 17-1401 (Pa. Super. Aug. 31, 2017) Dubow, J. (30 pages).

The trial court did not abuse its discretion in admitting defendant's extrajudicial statements to police and a nurse caring for an abused elder where the Commonwealth had already proffered sufficient evidence of the corpus delicti, or body of the crimes charged, to entitle the case to go to the trier of fact. The appellate court affirmed defendant's judgment of sentence.
3 minute read

The Legal Intelligencer

Commonwealth v. Hilliard, PICS Case No. 17-1403 (Pa. Super. Aug. 31, 2017) Dubow, J.; Fitzgerald, J., concurring (16 pages).

The trial court erred in granting defendant's petition for writ of habeas corpus based on a potential evidentiary challenge to a hearsay statement offered at defendant's preliminary hearing since the court was bound to consider such evidence in determining whether the Commonwealth established a prima facie case. The court reversed and remanded for further proceedings.
6 minute read

The Legal Intelligencer

In Re: Estate of Brumbaugh, PICS Case No. 17-1408 (Pa. Super. Sep. 6, 2017) Lazaurs, J. (15 pages).

Orphans' court did not err in denying photocopy of will to probate, where court credited forensic examiner's testimony indicating discrepancies with the photocopy raising questions of the document's authenticity, and found beneficiary's testimony of circumstances of finding photocopy not credible. Order of the orphans' court affirmed.
3 minute read

The Legal Intelligencer

Phila. Dist. Attorney's Office v. Cwiek, PICS Case No. 17-1414 (Pa. Commw. Sept. 6, 2017) Brobson, J. (11 pages).

Trial court properly affirmed the OOR order that required the DAO to provide requester with a certified copy of a redacted CAD, which requester had provided to the DAO, under Section 904 of the RTKL but trial court erred in holding that a declaration made by the DAO satisfied the certification requirement because the declaration did not meet the standard of verifying the authenticity of the document. Affirmed in part and reversed in part.
7 minute read

The Legal Intelligencer

Walker v. Verizon Pennsylvania LLC, PICS Case No. 17-1378 (E.D. Pa. Aug. 25, 2017) Bartle, J. (40 pages)

Employer's motion for judgment as a matter of law and for a new trial in employee's wrongful termination action based on age discrimination and FMLA retaliation was denied because there was sufficient evidence for a jury to find that employee's taking FMLA leave was causally linked to her termination. Motion denied, employee's motion granted.
7 minute read

New York Law Journal

Making the Best Use of 'Arons' Authorizations

Medical Malpractice Defense columnists John L.A. Lyddane and Barbara D. Goldberg write: Neither practicing physicians nor defense attorneys have much spare time, and it is unlikely that an 'Arons' interview will become a high priority task for a non-party provider. Even where a letter request is accompanied by a properly executed authorization, it is unlikely to produce an interview without further effort. What makes the further effort worthwhile is the prospect that the non-party witness is one of the least biased sources of information on a broad list of topics which are relevant to the evaluation and presentation of the defendant's position.
15 minute read

New York Law Journal

Bouchard v. U.S. Tennis Association, Inc.

Sanctions for Spoliation Denied Where Party Complied with Preservation Letter
3 minute read

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