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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

The Legal Intelligencer

Commonwealth v. Rich, PICS Case No. 17-1224 (Pa. Super. July 17, 2017) Shogan, J. (20 pages).

Evidence of refusal of blood alcohol test properly excluded where commonwealth permitted to submit other evidence of defendant's reckless driving, including his consumption of alcohol, high rate of speed, and failure to stop at a red light, as evidence of refusal of test presented risk of unfair prejudice or confusion of issues. Order of the trial court affirmed.
4 minute read

The Legal Intelligencer

Fraternal Order of Police Ft. Pitt Lodge No. 1 v. City of Pittsburgh, PICS Case No. 17-1228 (Pa. Commw. July 17, 2017) Jubelirer, J. (14 pages).

Interest arbitration award did not deviate from Act 47 plan and was therefore not directly appealable to the commonwealth court where award expressly adopted the salary increases set forth in the municipality's Act 47 plan. Motion to quash granted.
6 minute read

The Legal Intelligencer

Commonwealth v. Ennels, PICS Case No. 17-0712 (Pa. Super July 11, 2017) Moulton, J. (25 pages).

The trial court did not err in finding that defendant's consent to a blood test was invalid where he only consented to the blood draw after being informed by police that he faced enhanced criminal penalties for failing to do so. The court affirmed an order granting defendant's motion to suppress evidence of a blood draw.
6 minute read

The Legal Intelligencer

Commonwealth v. Cooley, PICS Case No. 17-1158 (C.P. Lycoming July 13, 2017) Butts, J. (12 pages).

Where the totality of the circumstances indicated a motion to suppress evidence would not have been successful, defendant was not entitled to post-conviction relief for ineffective assistance of counsel.
6 minute read

The Legal Intelligencer

Cornell Narberth, LLC v. Borough of Narberth, PICS Case No. 17-1226 (Pa. Commw. July 14, 2017) Leavitt, J. (28 pages).

Municipality and building inspector entitled to Tort Claims Act immunity for erroneous issuance of building permit, where plaintiff's claim was one for negligence rather than breach of contract. Summary judgment affirmed.
7 minute read

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