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The Legal Intelligencer

Rehak v. Thompson, PICS Case No. 17-0772 (C.P. Allegheny Dec. 2, 2016) Hens-Greco, J. (11 pages).

Mother was not in contempt of court for de minimus custody order violations, including her failure to log the child's summer camp activity on a shared calendar and her occasional failures to have the child ready at the exact time scheduled for custody exchanges or telephone calls.
5 minute read

The Legal Intelligencer

Rubel v. Comm'r of Internal Revenue, PICS Case No. 17-0850 (3 Cir. May 9, 2017) Schwartz, J. (11 pages).

The tax court correctly concluded that it lacked jurisdiction to consider appellant's untimely petition, even though an IRS letter gave appellant an incorrect date, because the 90-day deadline in §6015 was jurisdictional and the tax court lacked the authority to consider untimely petitions. Affirmed.
2 minute read

The Legal Intelligencer

Commonwealth v. Stewart, PICS Case No. 17-0633 (C.P. Lawrence Apr. 12, 2017) Cox, J. (13 pages).

Defendant was not entitled to suppression of evidence where probable cause existed for the search warrant, and the commonwealth's technical violation in failing to extend a sealed warrant did not raise a constitutional issue or prejudice defendant.
5 minute read

The Legal Intelligencer

Commonwealth v. Biauce, PICS Case No. 17-0841 (Pa. Super. May 15, 2017) Gantman, J. (12 pages).

Trial court was authorized to modify restitution order to change payee from victim to victim's estate because executor/administrator stood in the shoes of the deceased victim with respect to entitlement to benefits, and no statutory provisions provided for extinguishment of restitution benefits upon a victim's death. Order of the trial court affirmed.
3 minute read

The Legal Intelligencer

Commonwealth v. Marchese, PICS Case No. 17-0777 (C.P. Lycoming Apr. 21, 2017) Lovecchio, J. (6 pages).

The court's decision to sentence defendant to a period of incarceration following her probation violation was not excessive or unreasonable. Defendant had a history of alcohol abuse and prior misconduct, and incarceration protected the interest of the public.
5 minute read

The Legal Intelligencer

Delchester Developers, L.P. v. London Grove Twp. Bd. of Supervisors, PICS Case No. 17-0846 (Pa. Commw. May 9, 2017) Colins, J. (21 pages).

Municipality properly denied land development plan application where, although certain grounds for denial were easily correctable technicalities, there were other clear, substantive issues of noncompliance that were unchallenged by applicant, which provided sufficient grounds for denial. Order of the trial court affirmed.
3 minute read

The Legal Intelligencer

In Re Adoption of A.C., PICS Case No. 17-0848 (Pa. Super. May 12, 2017) Moulton, J. (17 pages).

Trial court correctly refused to terminate father's parental rights because CYS failed to show grounds for termination existed under §2511(a)(1) or (a)(2) because father maintained contact and visitation with child throughout his incarceration and regularly visited the child since his release. Affirmed.
3 minute read

Delaware Law Weekly

Lawyer-Led Probe Blames Official Lapses as Spur to Prison Uprising

Two high-profile Delaware lawyers on June 2 made public a preliminary independent review of the security conditions at James T. Vaughn Correctional Center, finding that chronic understaffing, a lack of communication and inadequate technology likely contributed to a deadly inmate takeover of the prison's C Building earlier this year.
9 minute read

The Recorder

Bauer v. Becerra

9th Cir.; 15-15428 The court of appeals affirmed a judgment. The court held that the imposition of a fee on firearms purchasers to fund enforcement efforts…
5 minute read

The Recorder

Orange County Water District v. Alcoa Global Fasteners, Inc.

C.A. 4th; D070771 The Fourth Appellate District affirmed in part and reversed in part a judgment and remanded. The court held that a water district may…
3 minute read

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