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Weekly Caselaw Updates

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JHC Indus. Services, Inc. v. Centurion Companies, Inc.

The New Jersey Appellate Division ruled that a deadbeat contractor must pay up. Defendant Centurion Companies, Inc. subcontracted demolition work it agreed to perform for Alfred Sanzari Construction, Inc. to Plaintiff JHC Industrial Services, Inc. JHC did the job, and Sanzari paid Centurion for it. Centurion, however, did not pay…

JHC Indus. Services, Inc. v. Centurion Companies, Inc.
New Jersey Appellate Division

The New Jersey Appellate Division ruled that a deadbeat contractor must pay up. Defendant Centurion Companies, Inc. subcontracted demolition work it agreed to perform for Alfred Sanzari Construction, Inc. to Plaintiff JHC Industrial Services, Inc. JHC did the job, and Sanzari paid Centurion for it. Centurion, however, did not pay JHC in full, prompting this… Continue reading JHC Indus. Services, Inc. v. Centurion Companies, Inc.

This appeal was about responsibility for the payment of an alcohol monitoring device. In a dependency matter, the trial court ordered Bucks County Children and Youth Social Services (CYS) to pay the monthly costs for Soberlink, an alcohol monitoring system, for Father, who was unemployed. On appeal, CYS argued that the trial court abused its… Continue reading In re N.B.

Commonwealth v. Rojas-Rolon
Pennsylvania Superior Court

In Commonwealth v. Rojas-Rolon, the Pennsylvania Superior Court ruled that the defendant’s convictions for PWID and related charges were supported by sufficient evidence because the Commonwealth proved that he constructively possessed contraband recovered from a vehicle. The Court then rejected the defendant’s argument that the trial court imposed an illegal sentence by imposing court costs… Continue reading Commonwealth v. Rojas-Rolon

Commonwealth v. White
Pennsylvania Superior Court

In Commonwealth v. White, the defendant appealed his conviction of tampering with evidence. He argued that the court costs and supervision fees should have been reduced or waived based on his financial means and ability to pay. The Pennsylvania Superior Court affirmed and cited Commonwealth v. Lopez, 2021 PA Super 51 (Pa. Super. Ct. 2021)… Continue reading Commonwealth v. White

Commonwealth v. Lopez
Pennsylvania Superior Court

In Commonwealth v. Lopez, an en banc panel of the Pennsylvania Superior Court held that Rule 706(C) of the Rules of Criminal Procedure only requires a sentencing court to hold an ability-to-pay hearing when a defendant faces incarceration for failure to pay court costs previously imposed on him. A sentencing court is not required to conduct… Continue reading Commonwealth v. Lopez

Clean Air Council v. PA Dep’t Envtl. Prot.
Pennsylvania Commonwealth Court

In the consolidated appeals of Clean Air Council v. PA Dep’t Envtl. Prot., the parties sought review of the orders of the Environmental Hearing Board (EHB) denying the parties’ fee applications filed pursuant to provisions of The Clean Streams Law. The Commonwealth Court quashed the Department of Environmental Protection’s (DEP) appeal and then affirmed the… Continue reading Clean Air Council v. PA Dep’t Envtl. Prot.

Commonwealth v. Lehman
Pennsylvania Supreme Court

This case involved two juvenile lifers who were recently resentenced to a term of life with the possibility of parole. The Pennsylvania Supreme Court in Commonwealth v. Lehman did not address whether those sentences were proper. Instead, the issue was costs. At the resentencing hearings, the Commonwealth called expert witnesses. In one of the consolidated… Continue reading Commonwealth v. Lehman