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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

Marchese v. Commonwealth of Pa. Dep't of Transp., PICS Case No. 17-1459 (Pa. Commw. Sept. 13, 2107) Simpson, J. (15 pages).

Trial court properly denied appellant's assertion that 'Birchfield v. North Dakota', 136, S.CT. 2160, made Pennsylvania's implied consent law unconstitutional and a violation of the Fourth Amendment because that case applied to a criminal penalty, not a civil one, and the implied consent law did not impose an unconstitutional condition on driving privileges. Affirmed.
3 minute read

Legaltech News

Appalachian Circuit Superior Court Judge Brenda Weaver Cleared of Ethics Charges

The state Judicial Qualifications Commission has dismissed four ethics complaints filed against its former chairwoman—Appalachian Circuit Chief Superior Court Judge Brenda Weaver—saying it found "no grounds" to discipline her over her alleged role in the indictment last year of a North Georgia newspaper publisher and his lawyer, according to the commission's report to the Supreme Court of Georgia.
3 minute read

Delaware Law Weekly

Ex-Governors Aim to Avert Discovery in Lawsuit Over Prison Riot Death

Attorneys for former Govs. Jack Markell and Ruth Ann Minner this week sought to avert discovery in a case brought by the family of a correction officer killed in the Feb. 1 takeover of a Smyrna prison, stressing precedent from a similar case over the rape more than a decade ago of a counselor at the same jail.
4 minute read

Daily Report Online

In Wake of Charlottesville, Firing Over Confederate Flag Moves Forward in Federal Court

A federal judge in Atlanta has refused to dismiss a lawsuit by a Roswell police officer fired for flying a Confederate flag in her front yard…
4 minute read

Daily Report Online

JQC Clears Judge of Complaints Regarding Indictments

The state Judicial Qualifications Commission has dismissed four ethics complaints against its former chairwoman, saying it found "no grounds" to discipline her.
2 minute read

Daily Report Online

In Wake of Charlottesville, Firing Over Confederate Flag Moves Forward in Federal Court

A federal judge in Atlanta has refused to dismiss a lawsuit by a Roswell police officer fired for flying a Confederate flag in her front yard while parking a marked police vehicle in her driveway.
4 minute read

The Legal Intelligencer

Capitol Report

Following is a listing of executive and legislative action for the week of Sept. 25. At press time the Pennsylvania Senate was in recess subject to the call of the president pro tempore, and the state House of Representatives was scheduled to return to session on Monday.
4 minute read

The Legal Intelligencer

Wolf Advises Consumers to 'Take Control' of Financial Data

Following the recent announcement that hackers had gained access to consumer data from Equifax, one of the three major credit-reporting agencies, Secretary of Banking and Securities Robin L. Wiessmann advised consumers to take control of their personal and financial data.
2 minute read

The Legal Intelligencer

Pa. Liquor Control Board Earns Best Retail Innovation Award

The Pennsylvania Liquor Control Board (PLCB) announced it won Best Retail Innovation in the 2017 StateWays Control States Best Practices Awards for its rapid response to the retail changes brought about by Act 39 of 2016.
2 minute read

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