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The Legal Intelligencer

Bacon v. Pa. State Police, PICS Case No. 17-0968 (Pa. Commw. June 13, 2017) Simpson, J. (26 pages).

Out-of-state conviction "set aside" still constituted a firearms disability where "setting aside" of a conviction did not constitute expungement of that conviction or otherwise remove the disability to purchase firearms under that state's law. Order of the OAG affirmed.
7 minute read

The Legal Intelligencer

Commonwealth v. Knox, PICS Case No. 17-0972 (Pa. Super June 5, 2017) Panella, J. (11 pages).

The record established that the juvenile defendant had mental health issues and suffered through a very difficult childhood; however, there was no indication that the trial court completely disregarded defendant's circumstances when it imposed a 35-year prison term after his conviction for second-degree murder. The court affirmed the trial court's judgment of sentence.
5 minute read

The Legal Intelligencer

Butler v. Dauphin Cnty. Dist. Attorney's Office, PICS Case No. 17-0970 (Pa. Commw. June 13, 2017) Simpson, J. (14 pages).

State agency obligated to request payment of fee upon RTKL requester's request for certified copies of disclosed records, but requester not entitled to relief on his request for certified copies where agency's affirmation of true and correct nature of records was functional equivalent of RTKL's "certification." Order of the trial court affirmed.
4 minute read

The Legal Intelligencer

Cnty. of Butler v. Centurylink Communications, LLC., PICS Case No. 17-0975 (Pa. Commw. June 8, 2017) Brobson, J. (16 pages).

Trial court erred in dismissing county's action against service providers for failing to collect and remit certain fees under the 911 act because the county had an obligation under the statutory scheme, its ability to meet those obligations was dependent on the service providers charging consumers in compliance with the act and the act did not preclude county from bringing its dispute to a court for resolution. Reversed.
6 minute read

The Legal Intelligencer

Commonwealth v. Hall, PICS Case No. 17-0926 (C.P. Lycoming May 11, 2017) Lovecchio, J. (7 pages).

An expert witness was allowed to testify regarding eye witness identification where the proffered testimony was relevant to the identification issue in the proceeding, and the expert's report included an explanation of how her testimony would assist the jury in its evaluation. The court denied the commonwealth's motion in limine.
2 minute read

The Legal Intelligencer

Oliver v. Irvello, PICS Case No. 17-0984 (Pa. Super. June 13, 2017) Lazarus, J. (11 pages).

Plaintiff was not a prevailing party and therefore not entitled to entry of the verdict in his favor where he was required to prove he suffered a serious bodily injury but failed to do so. Order of the trial court affirmed in part and reversed in part.
3 minute read

The Legal Intelligencer

Commonwealth v. Martin, PICS Case No. 17-0932 (C.P. Lycoming May 23, 2017) Lovecchio, J. (27 pages).

Hearsay statements were admissible where the victim claimed to have no recollection and the court found forfeiture by wrongdoing on the part of defendant. Dismissal was not warranted for ex parte contact involving the re-assignment to a different trial judge where defendant failed to establish prejudice.
3 minute read

The Legal Intelligencer

Commonwealth v. Woods, PICS Case No. 17-0974 (Pa. Super. June 12, 2017) Stevens, J. (15 pages).

Petitioner seeking PCRA review of the legality of a sentence was not permitted to evade the PCRA's timeliness requirements. Order of the PCRA court affirmed.
3 minute read

The Legal Intelligencer

Commonwealth v. Barto, PICS Case No. 17-0913 (C.P. Lycoming Jun. 2, 2017) Lovecchio, J. (7 pages).

Criminal defendant was not entitled to post-conviction relief for ineffectiveness of counsel relating to double jeopardy matter. Defendant waived his right to raise an issue regarding a state trooper involved in the investigation of defendant's alleged crimes where defendant entered a no contest plea.
5 minute read

Daily Business Review

Award Named for Goren Cherof Partner

The Broward League of Cities names its presidential award for Goren, Cherof, Doody & Ezrol partner Samuel Goren.
2 minute read

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