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The Legal Intelligencer

Commonwealth v. Holmes, PICS Case No. 17-0833 (C.P. Lawrence May 16, 2017) Hodge, J. (19 pages).

The commonwealth provided sufficient evidence for a prima facie case against defendant in connection with the death of an infant where the child was in his sole care at the time she suffered blunt force trauma to her head. Habeas corpus relief and request for bill of particulars denied.
6 minute read

The Legal Intelligencer

Reilly v. City of Harrisburg, PICS Case No. 17-0879 (3Cir. May 25, 2017) Ambro, J. (13 pages).

Plaintiffs, in proving their entitlement to a preliminary injunction in their First Amendment claim, were not necessarily required to prove that each of the four factors were in their clear favor, but instead only required to prove, as a threshold matter, that it was more likely than not to suffer irreparable harm in the absence of relief. Order of the district court reversed, case remanded.
6 minute read

The Legal Intelligencer

Allentown Patriots, Inc. v. City of Allentown, PICS Case No. 17-0878 (Pa. Commw. May 23, 2017) Leadbetter, S.J. (14 pages).

Trial court erred in holding that an option contract between city and nonprofit was valid and enforceable and that city breached its terms in terminating contract because the option was not valid since it could not exist in perpetuity, it was remote that the conditions precedent could occur and all of the contingencies were in the sole control of the nonprofit allowing the nonprofit to hold the city hostage to a perpetual service agreement. Reversed.
4 minute read

The Legal Intelligencer

Commonwealth v. Hlubin, PICS Case No. 17-0882 (Pa. Super. May 23, 2017) Lazarus, J. (18 pages).

Appellee was properly convicted of DUI after she was stopped at a sobriety checkpoint conducted by officers from multiple municipalities because, although the failure to comply with the ICA meant that the checkpoint was illegally constituted, the ICA and MPJA could be applied concurrently, the roadblock was a valid exercise of authority under §8953(a)(3) of the MPJA and the arresting officer had probable cause to arrest her for suspected DUI. Affirmed.
6 minute read

The Legal Intelligencer

Commonwealth v. Fortson, PICS Case No. 17-0880 (Pa. Super May 26, 2017) Ransom, J; Platt, J., concurring in result (14 pages).

While juveniles are less culpable for criminal behavior than adults, the Superior Court declined to expand the categories of punishment prohibited for juveniles based upon diminished culpability in this case involving several serious crimes. The appellate court affirmed defendant's judgment of sentence.
5 minute read

The Legal Intelligencer

Commonwealth v. McClelland, PICS Case No. 17-0884 (Pa. Super May 26, 2017) Bowes, J.; (30 pages).

Defendant's inability to cross-examine his primary accuser at a preliminary hearing did not violate his due process rights since the preliminary hearing procedure must simply provide adequate notice, the opportunity to be heard and the chance to defend oneself. The court affirmed an order denying defendant's motion for a writ of habeas corpus.
6 minute read

The Legal Intelligencer

Commonwealth v. Pepperman, PICS Case No. 17-0780 (C.P. Lycoming Apr. 27, 2017) Lovecchio, J. (4 pages).

Where the record indicated no nexus between the current simple assault matter and a conviction more than 20 years prior for indecent assault, the court held that proposed conditions of probation relating to the supervision of sexual offenders were not appropriate.
4 minute read

The Legal Intelligencer

In re BGR, PICS Case No. 17-0762 (C.P. Lycoming Apr. 21, 2017) McCoy, J. (10 pages).

Clear and convincing evidence supported termination of a biological father's parental rights where he had no contact with the child and failed to express any concern about her for longer than the six-month period provided by statute. The court concluded the child's welfare would be served by termination of the father's parental rights.
5 minute read

The Legal Intelligencer

In Re Adopt ion of L.B.M., PICS Case No. 17-0886 (Pa. March 28, 2017) Wecht, J., Saylor, C.J. (concurring), Baer, J. (dissenting) (31 pages).

The courts erred in failing to appoint a counsel for the children in a contested TPR proceeding where the children had a guardian ad litem who was an attorney because the clear language of §2313(a) required the appointment of counsel who served the child's legal interests and a GAL, who advocated for the child' best interests, could not perform both roles. Reversed.
7 minute read

The Legal Intelligencer

Commonwealth v. Kennedy, PICS Case No. 17-0774 (C.P. Lycoming Apr. 21, 2017)

Criminal defendant's motion to dismiss was a de facto petition for a writ of habeas corpus, and defendant waived his right to challenge the sufficiency of the evidence he had previously waived the preliminary hearing. Motion to dismiss denied.
2 minute read

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