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New Jersey Law Journal

Porrino Names New Executive Assistant

As movement in the New Jersey Attorney General's Office continues, Kevin Jespersen, the chief assistant to Attorney General Christopher Porrino, has been appointed as chief executive assistant attorney general.
2 minute read

Delaware Law Weekly

Report Links Unheeded Warnings, DOC and State Failures to Deadly Prison Uprising

Warnings from the corrections officer killed in the Feb. 1 takeover of James T. Vaughn Correctional Center's C-Building were ignored in the weeks leading up to the nearly 18-hour ordeal, an independent report revealed.
12 minute read

The Legal Intelligencer

Weber v. Weber, PICS Case No. 17-1266 (Pa. Super. Aug. 11, 2017) Strassburger, J. (11 pages).

Trial court erred in finding that son lacked standing to enforce a provision of his parents' marital settlement agreement that provided for payment of college tuition because the trial court was wrong to raise the issue of standing sua sponte, the son had previously been granted permission to intervene in an action over the same provision and thus, had standing and son had standing as a third-party beneficiary of the agreement. Order vacated.
3 minute read

The Legal Intelligencer

DePolo v. Bd. of Supervisors of Tredyffrin Twp. et al, PICS Case No. 17-1286 (Pa. Commw. Aug. 2, 2017) Pellegrini, J. (13 pages).

Appellant could not rely on 42 Pa.C.S. § 5103, which addresses the transfer of erroneously filed matters, to transfer his dismissed federal action to state court to seek relief from a zoning board decision after failing to appeal that decision to the trial court. The court affirmed the trial court's order.
3 minute read

The Legal Intelligencer

DiMattia v. Zoning Hearing Bd. of E. Whiteland Twp., PICS Case No. 17-1295 (Pa. Commw. Aug. 9, 2017) Colins, J. (13 pages).

Property owners' use of residential property to build and maintain race cars was not an accessory use of the property where it was not subordinate to the principal use because property owners did not reside on the property and such activity did not contribute to the comfort or necessity of the occupants of the property. Order of the trial court affirmed.
6 minute read

The Legal Intelligencer

Commonwealth v. West, PICS Case No. 17-1175 (C.P. Lycoming July 2017) Butts, J. (10 pages).

The evidence was more than sufficient to support the Commonwealth's assertion that defendant had constructive possession of marijuana found in his vehicle, even where defendant's passenger admitted to ownership of the contraband. The court denied defendant's petition for writ of habeas corpus.
3 minute read

The Legal Intelligencer

Commonwealth v. Baez, PICS Case No. 17-1290 (Pa. Super. Aug. 10, 2017) Bowes, J. (15 pages).

Where his assertion of innocence was not plausible and the grant of his motion would cause the Commonwealth substantial prejudice. The court affirmed defendant's judgment of sentence.
3 minute read

The Legal Intelligencer

N.A.M. v. M.P.W., PICS Case No. 17-1299 (Pa. Super. Aug. 7, 2017) Ford Elliott, P.J. (12 pages).

Trial court correctly held that mother was in contempt of the court's order but erred in not imposing sanctions for mother's repeated, flagrant and ongoing contempt of orders related to child custody because no sanctions for flagrant abuse of court orders was an a abuse of discretion and father could challenge the order as a collateral order. Reversed in part and affirmed in part.
4 minute read

The Legal Intelligencer

Commonwealth v. Girardi, PICS Case No. 17-1159 (C.P. Lycoming July 13, 2017) Butts, J. (18 pages).

Police demonstrated the requisite probable cause to support a search warrant for the review and seizure of defendant's telephone records where the evidence indicated that defendant used his phone to contact another individual to report stealing a gun and to involve the individual in selling the stolen gun. The court denied defendant's motion to suppress.
6 minute read

The Legal Intelligencer

Feight v. LaBruno, PICS Case No. 17-1304 (C.P. Berks Aug. 22, 2017) Lash, J. (28 pages).

Where the parents had a history of poor communication, primary physical custody of the child was awarded to mother who had a more flexible schedule.
6 minute read

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