The defendant was convicted of endangering the welfare of children after he confined his young child to her bedroom by drilling two baby-gates stacked on top of each other in her open doorway. At trial, the defendant asked that the judge charge the jury on parental justification found in 18 Pa.C.S. § 509(1). The trial court … Read more
A jury found the defendant guilty of defiant trespass after he was arrested for using his phone to video record inside of the lobby of a police station, which contained a posted “No Recording” sign. The Superior Court affirmed the conviction, ruling the no-filming condition imposed in the lobby was a reasonable justification from or restraint … Read more
#CivilLaw #MedMal #ExpertTestimony 04/28/2020- Rolon, as the administrator of the estate of Maria Sanchez-Rodriguez, filed a medical malpractice action against Davies as well as others, alleging the defendants’ negligence led to the death of his wife, Ms. Sanchez-Ridriguez. The jury returned a verdict for the defendants, and Rolon appealed. The Superior Court affirmed in part … Read more
#PCRA 04/30/2020- Maxwell appealed from the order that dismissed as untimely his fourth petition filed pursuant to the Post-Conviction Relief Act (PCRA). The petition alleged that Maxwell was entitled to collateral relief because the prosecutor in 1984 violated Appellant’s right to a fair and impartial jury when he intentionally excluded black jurors from the venire. Maxwell … Read more
The PA Supreme Court confronted a defendant who helped supply a firearm to her boyfriend, who eventually used that firearm to kill a police officer in a shootout. The boyfriend was killed in the gunfire. While her state case weaved its way through the courts, she was charged — and eventually pleaded guilty — in … Read more
#CivilLaw #SummaryJudgment 04/24/2020- MAK Services was exclusively in the business of snow and ice removal and the company obtained liability insurance (“the Policy”) for its operations from Selective Way. The Policy excluded various types of coverage. Among these exclusions was one titled “Exclusion – Snow and Ice Removal.” After an individual slipped and fell at a location that … Read more
In this medical malpractice suit, the defendant hospital Wilkes-Barre General Hospital sought to protect certain reports made in the wake of a botched medical procedure. The hospital claimed that the reports were privileged pursuant to the Patient Safety Quality Improvement Act and the Peer Review Protection Act. The trial court disagreed and ordered the materials … Read more
#Gaming #Gambling #CivPro #PostTrialMotions 4/20/2020 — The appellant filed a complaint in confession to repay the money loaned on a note to cover debts the appellee owed to a bookie for gambling losses. After a bench trial, the court ruled in favor of the appellant, but in response to the appellee’s post-trial motion, the lower … Read more
#FamilyLaw #Custody 04/14/20- J.S. (“Father”) appealed from the order, awarding sole legal and primary physical custody of the parties’ daughter, A.S. (“Child”), to R.S.S. (“Mother”). Father argued that the trial court lacked subject matter jurisdiction because Child resided in Hungary and had no significant connection with Pennsylvania. The Court concluded that Pennsylvania retained exclusive, continuing … Read more
#Sentencing #VOP #CourtCosts 04/16/20- In 2010, the defendant pleaded guilty to robbery and other crimes. In the sentencing order, the trial court imposed the following conditions of probation: obtain a GED; attend job training; seek and maintain employment; and pay court costs. On February 12, 2019, the defendant appeared for a fourth VOP hearing, which … Read more