This was an appeal from an order dismissing an insurance coverage action. Penn Psychiatric (Insured) claimed that it was entitled to coverage under an employment practices insurance policy for an action brought against Insured and one of its therapists by two former patients who had no employment relationship with Insured. The trial court sustained United … Read more
The Pennsylvania Superior Court heard the Commonwealth’s appeal from the lower court’s order dismissing the prosecution at the preliminary hearing level for failure to establish the crimes. Initially, the Court sidestepped an interesting question: Under McClelland, at a refile-level preliminary hearing, can the Commonwealth establish its case with the transcript from the earlier live hearing? … Read more
The Pennsylvania Superior Court held that the defendant committed terroristic threats when he told the victim, “if you don’t give me my money, I’m going to finish you.” The Court distinguished this case from others where it held that the utterance was merely transitory anger. Here, the threat was sandwiched between actual physical violence.
Williams appealed after a jury convicted him of first-degree murder and related charges. On appeal, he made two primary arguments. First, Williams asserted the trial court erred when it denied his pretrial motion, which challenged the admissibility of the Commonwealth expert’s testimony regarding forensic video analysis. Second, Williams claimed the trial court erred when it … Read more
The Pennsylvania Superior Court affirmed the Juvenile Court’s order granting physical as well as legal custody of a minor to his maternal uncle and removing the juvenile from a residential treatment facility. The Superior Court declined to reweigh the evidence presented to the lower court. And the Superior Court held that the lower court properly … Read more
This consolidated appeal concerned a dispute over the purchase price of shares in two companies. Appellants contended that the Orphans’ Court misinterpreted the Shareholder Agreements, misapplied the law as to the parties’ respective burdens of proof, relied on evidence that was not in the record, and excluded admissible testimony. The Pennsylvania Superior Court affirmed in … Read more
The defendant appealed to the Pennsylvania Superior Court after a jury convicted him of drug charges. The defendant had been sitting outside his brother’s house when his brother’s state parole agent visited. The parole agent knew that the defendant was also on state parole. The Court reiterated that parolees agree to endure warrantless searches based … Read more
This was an appeal from the order entered in declaratory judgment and quiet title actions. TGRG challenged the trial court’s finding that the lease restriction at issue did not encumber the property Appellee owned. The Pennsylvania Superior Court affirmed, agreeing with the trial court’s finding that a Non-Disturbance and Attornment Agreement did not create a … Read more
The Pennsylvania Superior Court dealt with a juvenile-lifer resentencing under Montgomery/Miller. Here, the juvenile-lifer received two consecutive sentences of 30 years to life. He argued the sentence was illegal because it was a de facto life sentence. Based in large part on its prior holding in Commonwealth v. Foust, the Court affirmed the sentences. The … Read more
Jefferson appealed the denial of his suppression motion. He argued that the police lacked reasonable suspicion to stop his vehicle based solely on the inference that the registered owner of the vehicle, who had an outstanding warrant, would be found in the vehicle. An en banc panel of the Pennsylvania Superior Court affirmed and based … Read more