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The Legal Intelligencer

Commonwealth v. Jones, PICS Case No. 17-1042 (Pa. Super. June 21, 2017) Dubow, J. (8 pages).

The trial court properly denied defendant's motion for an order barring the commonwealth from seeking a retrial on charges of aggravated assault and attempted murder since defendant's conviction for recklessly endangering another person did not operate as an acquittal to those greater offenses. The court affirmed a trial court order denying defendant's motion to dismiss two remaining charges against him.
3 minute read

The Legal Intelligencer

Protz v. Workers' Compensation Appeal Bd., PICS Case No. 17-0963 (Pa. June 20, 2017) Wecht, J., Saylor, C. J. (concurring), Baer, J. (dissenting) (27 pages).

Commonwealth court properly held that the general assembly improperly delegated its powers and violated Art. II, §1 when it directed IRE physicians to use the "most recent edition" of the AMA Guides to the Evaluation of Permanent Impairment in determining a claimant's ratings impairment but court erred in remanding the case because §306(a.2) was unconstitutional in its entirety. Affirmed in part and reversed in part.
4 minute read

The Legal Intelligencer

DeShields v. Bennett, PICS Case No. 17-1047 (Pa. Commw. June 20, 2017) (memorandum) Leadbetter, J. (8 pages).

Sovereign immunity barred an inmate's claim that a corrections officers intentionally destroyed the inmate's property confiscated as violating the DOC's prisoner property limitation. Order of the trial court affirmed.
3 minute read

The Legal Intelligencer

In re Petition of the Borough of Downingtown, PICS Case No. 17-1048 (Pa. June 20, 2017) Todd, J. (55 pages).

Donated or Dedicated Property Act restrictions applied to property purchased with Project 70 Act funds that was later dedicated to the public use, and such restrictions could not be eliminated by a Project 70 Act legislative release. Orders of the commonwealth court vacated and reversed.
7 minute read

The Legal Intelligencer

Commonwealth v. Mills, PICS Case No. 17-1043 (Pa. June 20, 2017) Saylor, C.J.; Wecht, Todd and Donohue, J.J., concurring (9 pages).

The trial court properly found that defendant did not receive a speedy trial in accordance with Pa.R.Crim.P. 600 since certain time attributable to the normal progression of this case, and during which the Commonwealth was not trial-ready, did not constitute "delay" for purposes of Rule 600. The court reinstated a trial court order dismissing the charges against defendant.
6 minute read

The Legal Intelligencer

Commonwealth v. Moyer, PICS Case No. 17-1029 (C.P. Lycoming Jun. 19, 2017) Lovecchio, J. (9 pages).

A sentence of incarceration for drunk driving was not unduly harsh or excessive where defendant lied about his drinking and recovery at the sentencing hearing, and incarceration was the only means of ensuring public safety.
3 minute read

The Legal Intelligencer

In Re Adoption of C.A.S., PICS Case No. 17-1050 (Pa. Super. June 21, 2017) Strassburger, J. (8 pages).

Orphans' court erred in failing to grant a continuance and in finding that father waived his right to counsel in a hearing to involuntarily terminate his parental rights. Order vacated.
4 minute read

The Legal Intelligencer

Twp. of Neshannock v. Kirila Contractors, Inc., PICS Case No. 17-1034 (C.P. Lawrence Jun. 20, 2017) Hodge, J. (8 pages).

An appeal concerning discovery issues was proper under the collateral order doctrine. The court concluded the moving party would suffer harm if documents protected by the attorney-client privilege or the work product doctrine were presented to the jury.
3 minute read

The Legal Intelligencer

Commonwealth v. Pruitt, PICS Case No. 17-1044 (Pa. June 20, 2017) Saylor, C.J.; Wecht, J., dissenting (33 pages).

There was arguable merit to defendant's ineffective assistance of counsel claim based on counsel's failure to challenge DNA evidence offered by the Commonwealth; however, defendant failed to establish a reasonable probability that the verdict would have been different had counsel provided more able stewardship relative to this evidence. The court affirmed an order denying defendant relief under the Post Conviction Relief Act.
6 minute read

The Legal Intelligencer

SugarHouse HSP Gaming, L.P. v. Pa. Gaming Control Bd., PICS Case No. 17-1051 (Pa. June 20, 2017) Todd, J. (51 pages).

Category 2 slot machine license application remanded for reconsideration by Gaming Control Board after it failed to consider whether a post-licensure capital infusion by one of the applicant's affiliates would cause his stake in the licensee to exceed the 33.3 percent threshold. Order of the Pennsylvania Gaming Control Board reversed, case remanded for reconsideration.
7 minute read

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