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The Legal Intelligencer

Commonwealth v. Parsons, PICS Case No. 17-1222 (Pa. Super. July 14, 2017) Olson, J. (14 pages).

Trial court could not require defendant undergo Court Reporting Network evaluation as a condition of bail, as trial court was statutorily limited to imposing nonmonetary conditions of bail aimed solely at ensuring defendant's continued appearance and preventing violation of standard conditions of bail. Order of the trial court reversed.
4 minute read

The Legal Intelligencer

Commonwealth v. Waugaman, PICS Case No. 17-1224 (Pa. Super. July 13, 2017) Olson, J. (6 pages).

A work-release prisoner's failure to go to work after being released to do so and having his whereabouts unknown for a majority of his absence from prison constituted a sufficiently significant deviation from the route of travel to constitute the offense of escape. Judgment of sentence affirmed.
3 minute read

The Legal Intelligencer

Big Bear Mgmnt. Fund v. Lower Macungie Twp., PICS Case No. 17-1170 (C.P. Lehigh May 25, 2017) Johnson, J. (22 pages).

An agreement reached through a series of letters regarding individual billings to mobile home park tenants for sewer charges was binding on the township. Owners of the park were secondarily liable if the individual tenants failed to make payment.
6 minute read

The Legal Intelligencer

Commonwealth v. Williams, PICS Case No. 17-1225 (Pa. Super. July 18, 2017) Dubow, J. (9 pages).

Penalty provisions of sex offender registration statute did not violate Ex Post Facto Clause, where defendant had failed to comply with registration requirement after the legislature had already criminalized such failure. Judgment of sentence affirmed.
2 minute read

The Legal Intelligencer

Commonwealth v. Cruz, PICS Case No. 17-0719 (Pa. Super July 18, 2017) Stevens, J. (16 pages).

The suppression court appropriately denied defendant's motion to suppress a handgun seized by police from a public bathroom in a barbershop where defendant worked since he failed to establish a subjective expectation of privacy such that the warrantless police entry implicated his own personal privacy rights. The court affirmed defendant's judgment of sentence.
3 minute read

The Legal Intelligencer

In the Interest of M.L., PICS Case No. 17-1167 (C.P. Adams May 24, 2017) George, J. (8 pages).

Termination of a father's parental rights was proper where he failed in multiple respects to abide by the court's reunification plan, and where he posed a serious safety risk to the child.
6 minute read

The Legal Intelligencer

Purcell v. Reading Sch. Dist., PICS Case No. 17-1235 (Pa. Commw. July 14, 2017) McCullough, J. (24 pages).

Trial court erred in affirming school board's termination of a school superintendent because the impermissible commingling of investigative and adjudicatory functions by the board raised serious constitutional concerns as to the required due process in administrative proceedings. Reversed in part and affirmed in part.
3 minute read

The Legal Intelligencer

Commonwealth v. King, PICS Case No. 17-0713 (Pa. Super July 12, 2017) Fitzgerald, J. (17 pages).

The Post Conviction Relief Act court appropriately granted defendant a preclusion order since the private interview prosecutors sought with defendant's trial counsel could easily have become a freewheeling inquiry into privileged matters falling outside the scope of defendant's claim of ineffective assistance of counsel. The court affirmed an order of preclusion.
6 minute read

The Legal Intelligencer

Giant Food Stores, LLC v. Penn Twp., PICS Case No. 17-1229 (Pa. Commw. July 18, 2017) Covey, J. (23 pages).

Trial court erred in quashing appeal of municipality's denial of intermunicipal liquor license transfer where, although appeal from a municipal adjudication was expressly prohibited by the Liquor Code, the Local Agency Law nonetheless provided a separate, additional right of appeal. Order of the trial court reversed.
4 minute read

The Legal Intelligencer

Seneca Resources Corp. v. Township of Highland, PICS Case No. 17-1237 (3rd Cir. July 17, 2107) Smith, C.J. (37 pages).

District court did not abuse its discretion in denying citizen and environmental groups' motion for reconsideration of the order denying appellants' motion to intervene because appellants were nonparties and lacked standing to challenge the consent decree. Affirmed.
6 minute read

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