In Commonwealth v. Carter, the Superior Court quashed an appeal taken from on order denying bail pending sentencing. The defendant was convicted of several crimes and the trial court revoked his bail pending sentencing. The defendant then filed a petition with the trial judge requesting bail pending sentencing and while the case was on appeal. … Read more
In Commonwealth v. Hudson-Greely, the Superior Court reviewed a pre-trial ruling by the trial court permitting an 11-year-old child-victim to testify at trial via a contemporaneous alternative method (i.e., closed-circuit TV) pursuant to 42 Pa.C.S.A. § 5985. The Superior Court employed an abuse-of-discretion standard of review and, in affirming the trial court, found the most important … Read more
In 1976, Appellant pleaded guilty to third-degree murder. He absconded to Kentucky when he was paroled. Two years later, he was convicted of rape and related offenses in Kentucky. These sex crimes carried a lifetime reporting requirement under Kentucky law. After he served the full sentence for the crimes in Kentucky, he was transferred to … Read more
In Commonwealth v. Shaw, the Superior Court reversed the trial court’s order denying the defendant’s motion to suppress evidence found in his car during a traffic stop. After stopping the defendant for a traffic violation, a police officer noticed the smell of marijuana coming from the defendant’s car. The officer stated, “In Pennsylvania, the odor … Read more
In 2015, Mr. Virnelson fell to his death while working as an employee of Johnson Matthey Inc. (“JMI”) at JMI’s pharmaceutical plant in Conshohocken. Plaintiff Tonia Virnelson sued to recover for the death of her husband. The complaint alleged that JMI’s inadequate safety practices at the plant caused Virnelson’s death and that the pressure filter … Read more
In Commonwealth v. Felder, the Superior Court reviewed an order from the trial court, denying the defendant’s post-verdict motion for a new trial under Pa.R.Crim.P. 704(B), wherein he claimed that newly discovered evidence warranted a new trial. In both the trial court and the Superior Court, the Commonwealth joined the defendant’s request and argued for … Read more
After the Securities and Exchange Commission commenced an action against Robert Bentley for an alleged Ponzi scheme, the Federal District Court for the Eastern District of PA appointed Marion receiver. In Marion v. Bryn Mawr Trust Co., the receiver alleged breach of the Uniform Fiduciaries Act (“UFA”), 7 P.S. § 6351, et. seq., aiding and … Read more
In Barna v. Langendorfer, the Superior Court reviewed an order holding the defendants in contempt for failing to promptly cure their violation of a restrictive covenant. The covenant limited the defendants to having a residence with an attached garage on their property. But they built a *gasp* detached garage. A neighbor filed a complaint seeking … Read more
Commonwealth v. Atkinson involved an appeal from a trial court’s order denying a motion to dismiss based on the principles of compulsory joinder, 18 Pa.C.S. § 110. In 2013, Atkinson was arrested and charged with DUI and a summary violation of the Motor Vehicle Code (MVC). Two months later, she was found guilty of the … Read more
In Erie Ins. Exch. v. King, after a car accident, the appellants made an uninsured motorist claim under an Erie Insurance policy. Erie filed a Complaint for Declaratory Judgment and argued that the appellants were barred from receiving UM coverage due to the household exclusion contained in the policy. The trial court agreed with Erie … Read more