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The Legal Intelligencer

Commonwealth v. Green, PICS Case No. 17-1274 (Pa. Super. July 25, 2017) Moulton, J. (14 pages).

Officers had reasonable suspicion to deploy their canine for a drug search where they stopped defendant, known to them from a previous trafficking arrest, in a vehicle not owned by him but which was previously stopped by the officers for drug violations, and defendant appeared overly-nervous and was coming from a drug source city. Judgment of sentence affirmed.
3 minute read

The Legal Intelligencer

Commonwealth v. Grays, PICS Case No. 17-1273 (Pa. Super. July 25, 2017) Stevens, J. (49 pages).

Trial court did not err in rejecting application of New York law enforcing doctor-patient privilege as to evidence in a criminal case. Judgment of sentence affirmed.
7 minute read

The Legal Intelligencer

Re Estate of Maddi, PICS Case No. 17-1282 (Pa. Super. July 25, 2017) Ott, J. (17 pages).

Orphans' court properly allowed decedent's sister to present a duplicate of decedent's will for probate because the orphans' court correctly recognized that the burden of proof was on the sister to overcome the presumption of destruction of the will and properly found that sister presented clear and satisfactory evidence to defeat the presumption. Affirmed.
3 minute read

The Legal Intelligencer

1050 Ashbourne Assoc., LLC v. Cheltenham Twp. Bd. of Commissions, PICS Case No. 17-0802 (Pa. Commw. Aug. 1, 2017) Leavitt, P.J. (16 pages).

The trial court erred in affirming the disapproval of a sketch plan for an age-restricted development based on certain height requirements since the new height requirements were enacted after the plaintiff developer successfully sought a special exception. The appellate court reversed in part, affirmed in part and remanded.
3 minute read

The Legal Intelligencer

Borough of Ellwood City v. Heraeus Electro-Nite, LLC, PICS Case No. 17-0726 (Pa. Commw. July 25, 2017) McCullough, J. (14 pages).

The trial court properly held that the Borough of Ellwood City's ordinances precluded the Borough from back-billing for electricity and related services and that the Borough's purported municipal lien premised upon a contractual arrangement was preclude. The court affirmed a trial court order granting defendant's motion for judgment on the pleadings.
3 minute read

The Legal Intelligencer

Shore v. Pa. Dep't of Corrections, PICS Case No. 17-1283 (Pa. Commw. July 31. 2017) McCullough, J. (20 pages).

Inmate petitioned the court to review the department's refusal, under DC-ADM 803, to allow him access to photographs sent to him but the court lacked appellate or original jurisdiction to review the factual or legal findings of a chief grievance officer and inmate's First and Fourteenth Amendment due process claims failed because the procedures in DC-ADM 804 were adequate. Petition dismissed.
6 minute read

The Legal Intelligencer

Commonwealth v. Williams, PICS Case No. 17-1277 (Pa. Super. July 27, 2017) Gantman, P.J. (10 pages).

PCRA court erred in dismissing appellant's petitions because it failed to appoint PCRA counsel for indigent appellant and the record was insufficient to adjudicate appellant's allegations and the matter had to be vacated and remanded for PCRA counsel to file an amended PCRA petition. Vacated and remanded.
3 minute read

The Legal Intelligencer

Commonwealth v. Myers, PICS Case No. 17-1276 (Pa. July 19, 2017) Wecht, J.; Mundy, J., dissenting. (46 pages).

DUI suspect who was unconscious and could not hear 'O'Connell' warnings nor refuse a blood alcohol test could suppress results of warrantless blood draw taken while he was unconscious. Order of the superior court affirmed.
4 minute read

The Legal Intelligencer

Commonwealth v. Bennett, PICS Case No. 17-1154 (C.P. Lycoming July 14, 2017) Lovecchio, J. (7 pages).

Criminal defendant was not entitled to post-conviction relief where he was represented by counsel when he accepted a plea offer, and the record indicated he made an informed and voluntary plea.
5 minute read

The Legal Intelligencer

Guan v. Hall et al, PICS Case No. 17-1101 (C.P. Philadelphia Nov. 22, 2016) Carpenter, J. (4 pages).

While the Municipal Court post-judgment order at issue was appealable to the Court of Common Pleas, the appeal was limited to a review of the record, which did not support a finding that the Municipal Court committed an error of law or abuse of discretion. The court recommended affirmance of its order denying defendants' request to appeal a supplemental Municipal Court order.
3 minute read

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