Commonwealth v. Vo

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

Commonwealth v. Johnson

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

Carr v. Michuk

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

Murray v. American LaFrance, LLC

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

Commonwealth v. Raymond

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