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The Legal Intelligencer

Zalman v. City of Chester, PICS Case No. 17-1123 (Pa. Commw. June 27, 2017) Colins, J. (20 pages).

Portion of street in use by railroad track was dedicated to the public use prior to implementation of 21-year statute of limitations, evidenced by charter granted by the commonwealth to a railroad corporation to construct the railway. Order of the trial court affirmed.
4 minute read

Daily Report Online

Georgia Judges Set to Eye Changing Rule Over Use of Electronic Devices in Courtrooms

Georgia's Superior Court judges are set to meet Monday to consider a major overhaul of a court rule in place for decades governing the use of cameras and electronic recording devices in courtrooms across the state.
5 minute read

The Legal Intelligencer

In the Interest of J.M., a minor, PICS Case No. 17-1117 (Pa. Super. June 27, 2017) Solano, J. (40 pages).

Family court was precluded from making a finding of aggravated circumstances in a petition alleging child abuse unless the court first determined the victim child to be dependent. Order of the family court vacated.
7 minute read

The Legal Intelligencer

Commonwealth v. Ball, PICS Case No. 17-1107 (Pa. Super. June 22, 2017) Stabile, J. (22 pages).

Trial court acted within its permissible discretion in imposing a sentence below the guideline range for appellee's conviction for aggravated harassment by a prisoner, aggravated assault and simple assault because appellee had special mental health problems that would be exacerbated by continued incarceration but were addressable in a probationary setting. Affirmed.
3 minute read

The Legal Intelligencer

Mielcarz v. Pietzsch, PICS Case No. 17-1080 (C.P. Philadelphia, Jun.21, 2017) Cohen, J. (13 pages).

The court improperly denied the commonwealth's motion to quash in this personal injury proceeding, because the Criminal History Record Information Act precluded discovery of investigative information that was obtained in the defendant's criminal proceeding arising out of the same accident.
5 minute read

The Legal Intelligencer

Pa. State Police v. Grove, PICS Case No. 17-1010 (Pa. June 20, 2017) Dougherty, J.; Wecht and Todd, J.J., concurring; Saylor, C.J. and Mundy J., concurring and dissenting (57 pages).

The lower court properly found that motor vehicle recordings are not exempt from disclosure. The court affirmed in part, reversed in part and remanded.
4 minute read

The Legal Intelligencer

Estate of Rothberg, PICS Case No. 17-1115 (Pa. Super. June 23, 2017) Ford Elliott, P.J. (15 pages).

Trial court properly sustained executrix' preliminary objections and dismissed appellant's petition for declaratory judgment because §2507 of the probate code specifically dealt with birth or adoption after the parent executed a will and did not address appellant's situation in which she was born 49 years before the will was executed. Affirmed.
5 minute read

The Legal Intelligencer

Commonwealth v. Quiles, PICS Case No. 17-1109 (Pa. Super. June 23, 2017) Dubow, J. (15 pages).

Trial court erred in determining appellant RRRI ineligible for Connecticut conviction for "third-degree assault" where the offense was not an equivalent offense to the Pennsylvania offense of simple assault because the Connecticut offense did not distinguish whether the assault occurred with mutual consent. Conviction affirmed, judgment of sentence reversed, case remanded for resentencing.
3 minute read

The Legal Intelligencer

B.A.B. v. J.J.B., PICS Case No. 17-1106 (Pa. Super. June 26, 2017) Ott, J. (25 pages).

Trial court that issued initial custody determination retained exclusive, continuing jurisdiction over custody, and further had jurisdiction to determine whether another jurisdiction would be a more convenient forum warranting transfer of jurisdiction and venue. Order of the trial court affirmed.
7 minute read

The Legal Intelligencer

Metropolitan Edison Co. v. City of Reading, PICS Case No. 17-1118 (Pa. June 20, 2017) Donohue, J., Mundy, J. (concurring), Saylor, C.J. (dissenting) (26 pages).

Commonwealth court erred in finding that appellant failed to establish a claim under the utility exception to the tort claims act because, under the exception, the focus had to be on whether the injuries alleged were caused by a dangerous condition which had its source in the local agency's utility service facility. Reversed.
4 minute read

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