In Satiro v. Maninno the Superior Court found the pro se appellant’s claim waived as a result filing a 29-issue statement of matters complained of on appeal that made it impossible for the trial court to give a comprehensive analysis of the issues.
In this interlocutory appeal, the Supreme Court reversed the Superior Court and ruled, by failing to challenge the suppression court’s explicit invocation of that provision before the Superior Court, the Commonwealth waived its challenge to Wolfel’s failure to raise a claim under Article I, Section 8.
The Supreme Court held that a trial court has the authority to halt proceedings and sua sponte order a mistrial only where there is “exceedingly clear error” that results in a “manifest injustice”, notwithstanding the would-be moving party’s failure to preserve the issue.
The PCRA petitioner was represented by counsel during the PCRA proceedings in Common Pleas, but a new attorney entered before the Superior Court on appeal from the denial of that PCRA petition. The new counsel raised issues of ineffective assistance of prior PCRA counsel. The Superior Court detailed an often-conflicting body of law before holding … Read more
An en banc panel of the Superior Court overruled Commonwealth v. Creese, which had required each notice of appeal to list only one docket number. This case, along with Commonwealth v. Larkin show the Superior Court at its worst–creating, changing and abridging rules that have nothing to do with the justice, seeking the truth, or efficiently administering … Read more
More than one month after a defense verdict in non-jury trial, plaintiff filed a motion for leave to file a post-trial motion nunc pro tunc. The trial court denied that, claiming that plaintiff did not show he was appropriately diligent. The Superior Court reversed, though, after finding that the prothonotary failed to note in the docket … Read more
Several plaintiffs sued a for excessive sound exposure. The defendant manufactures fire engine sirens. Defendant’s main tie to Pennsylvania is that it is registered as a foreign corporation in the Commonwealth; otherwise it has minimal ties to the Commonwealth. When the defendant objected to jurisdiction in preliminary objections, plaintiff tried to justify jurisdiction in more … Read more
Appellant entered guilty pleas to certain charges in the Allegheny County Sex Offender Court and received a probation tail to his sentence. One condition of his probation is that he was not permitted to possess a device that was capable of accessing the internet. He was caught with cell phones with internet connections repeatedly, and … Read more
The Commonwealth filed bills of information charging Appellant with Intimidation of a Witness under 18 Pa.C.S. § 4952(a)(1), which contains as an element that the accused acted with the intent to intimidate any witness to refrain from informing law enforcement of some event. However, the proofs at trial, jury instructions and arguments all covered § 4952(a)(2) (to … Read more
#Waiver #ProsecutorialMisconduct #CriminalLaw bit.ly/34Jwup4 After a jury convicted him of sexual assault and related crimes, Ramos claimed on appeal that the trial court erred by failing to grant a mistrial when a detective testified that a photo in an array came from Ramos’s prior arrest and when a detective stated that he “believed the complainant”. … Read more