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The Legal Intelligencer

In the Interest of J.I.P., PICS Case No.17-1258 (Pa. Super. July 20, 2017) Shogan, J. (17 pages).

Trial court properly terminated mother's parental rights under §§2511(a) and (b) because the trial court's conclusions regarding mother's mental health and housing issues were supported by the record and she did not raise before the trial court any concerns that would have created the need for independent legal counsel for child nor did she make any claims that the attorney failed to properly represent the child's legal and best interests. Affirmed.
3 minute read

The Legal Intelligencer

Commonwealth v. Green, PICS Case No. 17-1248 (Pa. Super. July 24, 2017) Bowes, J. (13 pages).

Trial counsel was ineffective for failing to consult with defendant about an appeal, since counsel established such a duty by specifically preserving an issue for appeal that a reasonable defendant would want to pursue where success on appeal could result in dismissal of charges. Order of the PCRA court reversed, case remanded.
6 minute read

The Legal Intelligencer

Commonwealth v. Cullen-Doyle, PICS Case No. 17-1250 (Pa. July 20, 2017) Saylor, C.J.; Todd, J., dissenting. (13 pages).

Present conviction on a single count of burglary did not render offender ineligible for RRRI, where the statute's focus on "history" of violent offenses indicated it only intended to exclude career offenders less likely to benefit from RRRI program. Order of the superior court reversed.
3 minute read

The Legal Intelligencer

Commonwealth v. Bush, PICS Case No. 17-1242 (Pa. Super July 19, 2017) Stevens, J.; Shogan and Stevens, J.J., concurring (25 pages).

Police had probable cause to stop defendant's vehicle for a possible violation of the Motor Vehicle Code where a state trooper observed defendant operating his vehicle with its high beams on within 500 feet of the trooper's approaching cruiser, even though the roadway was divided by a concrete barrier. The court affirmed defendant's judgment of sentence.
6 minute read

The Legal Intelligencer

Commonwealth v. Storey, PICS Case No. 17-1255 (Pa. Super. July 20, 2017) Lazarus, J. (15 pages).

Trial court properly denied appellant's motion for a new trial after he was convicted for drug delivery resulting in death, possession with intent to deliver, possession of drug paraphernalia and possession of controlled substance because his constitutional challenge to 18 Pa. C.S.A. §2506 failed, there was sufficient evidence that the heroin he sold caused the addict's death, trial court gave adequate cautionary and jury instructions and prosecution's reference to user's credibility in its closing argument was in response to comments by the defense in its closing argument. Affirmed.
6 minute read

Daily Business Review

Scott, Cabinet Members Move to Prevent Venezuela Investments

Calling it "huge step in the right direction," Gov. Rick Scott got support from two state Cabinet members to keep an agency they oversee from conducting future business linked to the Maduro regime in Venezuela.
6 minute read

Daily Business Review

Tampa Bay Pro Teams Pledge Money to Remove Confederate Statue

Tampa Bay professional sports franchises are committing funds to remove a Confederate monument from the front of a Tampa courthouse administrative building.
8 minute read

The Recorder

People v. Pennington

Cal.Sup.Ct.; S222227 The California Supreme Court reversed a judgment of conviction. The court held that the record failed to support a conviction of…
5 minute read

The Recorder

San Diego Judge Severely Censured by Judicial Commission

California's Commission on Judicial Performance concluded Superior Court Judge Gary Kreep committed 57 acts of misconduct or improper action. The commission handed down the most severe punishment short of removal from the bench on Thursday.
3 minute read

New York Law Journal

NY Sues EPA Over Long Island Sound Dumping Site

Gov. Andrew Cuomo and Attorney General Eric Schneiderman filed suit against the U.S. Environmental Protection Agency in federal district court in Brooklyn Thursday, challenging the EPA's decision to allow dredging sediments to be dumped in the Long Island Sound.
2 minute read

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