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The Legal Intelligencer

Commonwealth v. Gill, PICS Case No. 17-0502 (Pa. Super. March 28, 2017) Stevens. P. J. (14 pages).

By | April 07, 2017
Trial court erred in granting a motion in limine to allow evidence of a 2016 burglary in appellee's trial for a 2013 burglary because while the incidents similarly involved cash stolen from a lockbox in the same victim's house, the conduct was different because in the 2013 burglary, entry to the house was through the garage door keypad and there was no use of force and in the 2016 burglary, tools and/or force was used to access the house and attempt to open the lockbox. Reversed.
6 minute read

The Legal Intelligencer

Commonwealth v. Windslowe, PICS Case No. 17-0497 (Pa. Super. March 28, 2017) Stevens, J. (29 pages).

By | April 07, 2017
Evidence was sufficient for jury to infer malice for third-degree murder where it established that defendant deceived people into believed she was a trained medical professional performing an acceptable and safe medical procedure. Judgment affirmed.
7 minute read

The Legal Intelligencer

Commonwealth v. Wanner, PICS Case No. 17-0496 (Pa. Super. March 28, 2017) Dubow, J. (9 pages).

By | April 07, 2017
Evidence was sufficient to support a finding of the mens rea element for defiant trespass where it showed that appellant remained inside store knowing they did not have the right to do so where store owner directly and repeatedly instructed appellant and her companion to leave the store. Judgment of sentence affirmed.
5 minute read

The Legal Intelligencer

Commonwealth v. Hicks, PICS Case No. 17-0495 (Pa. March 28, 2017) Dougherty, J.; Donohue, J., dissenting. (72 pages).

By | April 07, 2017
Trial court did not abuse discretion in admitting evidence of appellant's other crimes or bad acts where witnesses' testimony shared highly similar circumstances and characteristics with the evidence of the victim's death. Judgment of sentence affirmed.
7 minute read

New York Law Journal

'People v. Vining': Adoptive Admissions by Silence

In his Evidence column, Michael J. Hutter analyzes an Court of Appeals decision that is instructive on what is necessary to show a defendant's silence or evasive responses to an accusation are considered assent to the statement, thereby placing it within the adoptive admissions exception to the hearsay rule.
21 minute read

New York Law Journal

PowerPoints at Trials Must Be 'Within the 4 Corners of the Evidence': Court of Appeals

While nothing prevents the use of PowerPoint in summations to jurors during New York trials, the state Court of Appeals cautioned Tuesday that the same rules "governing the bounds of proper conduct" apply to the computer-aided presentations as to other statements and displays.
8 minute read

The Legal Intelligencer

Commonwealth v. Selenski, PICS Case No. 17-0456 (Pa. Super. March 16, 2017) Solano, J. (31 pages).

By | April 04, 2017
Trial court did not abuse its discretion in declining to admit defendant's proffered expert testimony on the reliability of eyewitness identification. Judgment of sentence affirmed.
7 minute read

New Jersey Law Journal

Web-Based Publications as Prior Art Under Section 102

A review of federal court decisions, and strategies for petitioners looking to qualify a reference as prior art, with particular attention to web-based references.
21 minute read

The Legal Intelligencer

Ineligible Expert Insufficient to Justify Continuance, Court Rules

A legal malpractice plaintiff is not entitled to a continuance to seek an expert to testify despite learning shortly before a scheduled trial that his intended expert was ineligible, the Pennsylvania Superior Court has ruled.
8 minute read

New York Law Journal

Court of Appeals Expands the Co-Conspirator Exception

In his Criminal Law and Procedure column, Barry Kamins discusses a case of first impression in which the New York Court of Appeals expanded the co-conspirator's exception to the hearsay rule. The court held that, subject to certain conditions, a statement made by a co-conspirator of a defendant, prior to the defendant's joining the conspiracy or after the defendant's active involvement has ceased, is admissible when offered to prove the conspiracy or the object crime.
15 minute read

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