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The Legal Intelligencer

Commonwealth v. Sunealitis, PICS Case No. 17-0008 (Pa. Super. Dec. 19, 2016) Bowes, J. (19 pages).

By | January 06, 2017
The trial court erred in relying on an unconstitutional mandatory minimum sentence statute in determining the weight of controlled substances possessed by defendant, but ultimately did not err in calculating defendant's gravity score. Judgment of sentence affirmed.
6 minute read

The Legal Intelligencer

Christian v. Weis Markets, PICS Case No. 16-1567 (C.P. Lackawanna Dec. 8, 2016) Minora, S.J. (memorandum) (10 pages).

By | January 06, 2017
Litigation in an apparent personal injury case prompted a request by defendant to have two court-ordered examinations performed on plaintiff. The court balanced the defendant's right to obtain an independent examination against the plaintiff's right to privacy and judicial economy, and determined that one examination was allowable. Defendant's motion to compel two examinations was denied.
4 minute read

The Legal Intelligencer

Court: Evidence of Plaintiff's Drinking Inadmissible in Crash Case

A plaintiff in a motorcycle accident case was prejudiced by the admission of evidence of his alcohol consumption because there were no signs that he was intoxicated at the time of the crash, the Pennsylvania Superior Court has ruled.
11 minute read

New York Law Journal

Ethics of Using Hacked Information to Prosecute Criminal and Civil Claims

Rahul Mukhi and Martha Vega-Gonzalez write: The documents contained in WikiLeaks, the Panama Papers and other troves of information never meant for public consumption have no doubt piqued the interest of prosecutors and plaintiffs' lawyers. However, there are significant legal and ethical pitfalls in taking information illegally obtained by hackers and using it in litigation, whether criminal or civil.
23 minute read

New York Law Journal

Government Appeals Judge's Suppression of Wiretap, GPS Data

Prosecutors are appealing the suppression of wiretap evidence by a judge who said a federal agent perjured himself on a wiretap application.
7 minute read

The Legal Intelligencer

In the Matter of Report & Return of Christine L. Krzysiak, Dir. of the Crawford Cnty. Tax Claim Bureau of Pub. Sale of Lands & Props., PICS Case No. 16-1556 (Pa. Commw. Dec. 7, 2016) McCullough, J. (14 pages).

By | December 30, 2016
A tax claim bureau was not subjected to particular requirements in showing that a posting of notice of upset tax sale was reasonably secured to the property. Order of the trial court affirmed.
7 minute read

New York Law Journal

Forensics Panel to Discuss Familial DNA Searching

A state criminal forensics commission has scheduled a meeting in February to hear experts speak about whether the panel should recommend permitting familial DNA searching in New York. The technique would allow police to investigate people who are highly likely to be related to unidentified individuals whose DNA is found at crime scenes.
3 minute read

New York Law Journal

Search Engine Evidence and the 'Aguilar-Spinelli' Test

In his Cyber Crime article, Peter A. Crusco writes: New technologies inspire clever criminals, requiring more advanced law enforcement crime fighting methodologies. Arguments against arrest usually include the application of long-established legal rules to challenge these new government investigative methodologies. The article demonstrates how one such rule, the 'Aguilar-Spinelli' test, has been asserted in an attempt to undermine search engine evidence used in search warrant applications.
26 minute read

Daily Business Review

Rights Group: Testimony Links Colombia General to Killings

Human Rights Watch says that sworn testimony from six Colombian generals implicates the former head of the U.S.-backed army in the extrajudicial killings of civilians.
6 minute read

New Jersey Law Journal

State v. Hannah

By | December 21, 2016
Tweet Admissible in Simple Assault Case
5 minute read

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