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New Jersey Law Journal

Judge Won't Grant Bond Issuer's Bid to Stop Bail Reform

A federal judge has refused to halt enforcement of New Jersey's Criminal Justice Reform Act, finding that a constitutional challenge by a bail bond underwriter has little chance of succeeding.
13 minute read

The Legal Intelligencer

Coach Not Liable for Student Football Player's Brain Injury

A federal appeals court has ruled in the case of a student-football player who suffered a traumatic brain injury during practice that while there was evidence of state-created danger, the coach did not violate the student's constitutional rights.
7 minute read

The Legal Intelligencer

Commonwealth v. Grove, PICS Case No. 17-1402 (Pa. Super. Aug. 31, 2017) Solano, J. (43 pages).

Defendant's contention that his 1978 conviction for criminal trespass did not constitute an "enumerated offense" under Section 6105 of the Uniform Firearms Act, thus barring him from owning a gun, was meritless; therefore, trial counsel was not ineffective for failing to raise the claim. The court affirmed an order denying defendant relief under the Post Conviction Relief Act.
3 minute read

The Legal Intelligencer

McNeil v. Workers' Compensation Appeal Bd., PICS Case No. 17-1412 (Pa. Commw. Sept. 1, 2017) McCullough, J. (16 pages).

Workers' compensation board properly affirmed the WCJ's dismissal of claimant's reinstatement petition because claimant failed to establish a causal connection between her current condition and her recognized work-related injuries, failed to comply with the special rules relating to the admissibility of a doctor's report and failed to establish a worsening of her condition subsequent to the termination of her benefits. Affirmed.
3 minute read

The Legal Intelligencer

Commonwealth v. Newsome, PICS Case No. 17-1399 (Pa. Super. Sept. 7, 2017) Elliott, J. (10 pages).

The trial court erred in granting defendant's omnibus pretrial motion to suppress a fireman defendant discarded in a flowerpot as he walked away from police where the totality of the circumstances established that defendant was not seized when initially encountered by police. The court reversed a suppression order and remanded for further proceedings.
3 minute read

The Legal Intelligencer

Commonwealth v Perfetto, PICS Case No. 17-1405 (Pa. Super. Aug. 30, 2017) Ransom, J. (36 pages).

The compulsory joinder rule requiring joinder of DUI and summary traffic offenses did not apply in judicial districts that had separate traffic courts with exclusive and limited jurisdiction to dispose of summary offenses, which required DUI charges held for trial in general jurisdiction courts. Order of the trial court reversed.
4 minute read

The Legal Intelligencer

Marshall v. Charlestown Twp. Bd. of Supervisors, PICS Case No. 17-1404 (Pa. Commw. Aug. 29, 2017) Hearthway, J. (16 pages).

Trial court erred in approving conditional use application for farm-to-table workshop program as an educational use, where the record supported the township's finding that education was an accessory use and the primary use was like that of a restaurant. Order of the trial court reversed.
3 minute read

The Legal Intelligencer

Whitaker v. Wetzel, PICS Case No. 17-1417 (Pa. Commw. Aug. 29, 2017) Cosgrove, J. (12 pages).

Trial court properly dismissed appellant prisoner's constitutional claims over the destruction of photographs that had been confiscated by prison mail room because they came from an unapproved vendor because his fundamental due process rights of notice and an opportunity to be heard were fully protected and to the extent he claimed the photographs were intentionally destroyed, those claims were properly dismissed and he never alleged negligence in the destruction of the photographs. Affirmed.
4 minute read

The Legal Intelligencer

Guiffrida v. City of Scranton, PICS Case No. 17-1383 (C.P. Lackawanna Aug. 18, 2017) Nealon, J. (11 pages).

The court granted plaintiffs' request to amend their pleading in this class-action suit challenging the city of Scranton's rental registration fees since the amendment raised the same legal issue prompted by the original complaint and defendant failed to identify any prejudice it would suffer if the request was granted. The court granted plaintiffs' motion to amend.
5 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

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