Thursday, February 25, 2010
MARY KAY SEDLACEK, EXECUTRIX OF THE ESTATE OF EDWARD SEDLACEK, AND MARY KAY SEDLACEK IN HER OWN RIGHT v. A.O. SMITH CORPORATION, A.W.
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Labels:
asbestos,
Civil,
Colville,
Donohue,
Ford Elliot,
mesothelioma,
Personal Injury
Tuesday, February 23, 2010
COMMONWEALTH OF PENNSYLVANIA v. JAMAR DOWNING
COMMONWEALTH OF PENNSYLVANIA v. JAMAR DOWNING No. 1629 EDA 2007 2010 PA Super 23 Atlantic: n/a Filed: 2/23/2010 | |
Appeal from the Judgment of Sentence March 30, 2007 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-13000964-2006 | |
Before: STEVENS, SHOGAN, and COLVILLE, JJ. | |
Opinion by: STEVENS, J. | |
Dissenting Opinion by: COLVILLE, J. | |
This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County following Appellant’s conviction on the charges of carrying a firearm without a license, 18 Pa.C.S.A. § 6106, and carrying a firearm on the public streets of Philadelphia, 18 Pa.C.S.A. § 6108. On appeal, Appellant challenges the discretionary aspects of his sentence. Specifically, Appellant contends (1) the trial court abused its discretion in considering an improper factor in sentencing Appellant at the top of the aggravated range in that the trial court’s finding that Appellant possessed the gun for a “criminal purpose” is not supported by the record, (2) the trial court abused its discretion in failing to consider Appellant’s rehabilitative needs and the protection of society, and (3) the trial court abused its discretion in failing to consider Appellant’s particular characteristics. We affirm. |
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Labels:
aggravated range,
Colville,
Criminal,
criminal purposes,
firearm,
Sentencing,
Shogan,
Stevens
COMMONWEALTH OF PENNSYLVANIA v. JAVON OMAR FRANKLIN
COMMONWEALTH OF PENNSYLVANIA v. JAVON OMAR FRANKLIN No. 110 WDA 2009 2010 PA Super 24 Atlantic: n/a Filed: 2/23/2010 | |
Appeal from the PCRA Order, December 19, 2009, in the Court of Common Pleas of Erie County Criminal Division at No. CP-25-CR-0000406-2007 | |
Before: FORD ELLIOTT, P.J., ALLEN AND POPOVICH, JJ. | |
Opinion by: FORD ELLIOT, P.J. | |
This is an appeal from an order denying appellant relief under the Post-Conviction Relief Act, 42 Pa.C.S.A. §§ 9541-9546. We affirm. |
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Labels:
Allen,
Criminal,
Ford Elliot,
ineffective counsel,
PCRA,
Popovich,
possession,
Suppression
Monday, February 22, 2010
SCOTT ROBERTSON AND MARA MILLER, H/W v. ADREXEL UNIVERSITY, CONSTANTINE PAPADAKIS, STEPHEN W. DIRECTOR AND DAVID E. FRENSKE
SCOTT ROBERTSON AND MARA MILLER, H/W v. ADREXEL UNIVERSITY, CONSTANTINE PAPADAKIS, STEPHEN W. DIRECTOR AND DAVID E. FRENSKE
No. 2879 EDA 2008 2010 PA Super 22 Atlantic: n/a Filed: 2/22/2010
Appeal from the Order entered September 10, 2008
In the Court of Common Pleas of Philadelphia County
Civil No. August Term, 2007, No. 001576
Before: FREEDBERG, CLELAND and KELLY, JJ.
Opinion by: KELLY, J.
This is an appeal from an order entering summary judgment in favor of Appellees/defendants below in an action based on claims of contract breach involving the denial of tenure to an associate professor at Drexel University. We affirm, concluding that the performance evaluation process which culminated in a finding that Appellant had failed to meet the standard required for an award of tenure did not constitute a breach of his employment contract.
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No. 2879 EDA 2008 2010 PA Super 22 Atlantic: n/a Filed: 2/22/2010
Appeal from the Order entered September 10, 2008
In the Court of Common Pleas of Philadelphia County
Civil No. August Term, 2007, No. 001576
Before: FREEDBERG, CLELAND and KELLY, JJ.
Opinion by: KELLY, J.
This is an appeal from an order entering summary judgment in favor of Appellees/defendants below in an action based on claims of contract breach involving the denial of tenure to an associate professor at Drexel University. We affirm, concluding that the performance evaluation process which culminated in a finding that Appellant had failed to meet the standard required for an award of tenure did not constitute a breach of his employment contract.
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Labels:
breach of contract,
Cleland,
Common Pleas,
Freedberg,
Kelly,
tenure
Friday, February 19, 2010
COMMONWEALTH OF PENNSYLVANIA v. HENRY WILLIS
COMMONWEALTH OF PENNSYLVANIA v. HENRY WILLIS No. 2613 EDA 2008 2010 PA Super 19 Atlantic: n/a Filed: 2/17/2010 | |
Appeal from the Judgment of Sentence of August 28, 2008 in the Court of Common Pleas of Philadelphia County, Criminal Division, No. CP-51-CR-1303701-2006 | |
Before: SHOGAN, LAZARUS and KELLY, JJ. | |
Opinion by: LAZARUS, J. | |
Henry Willis appeals his judgment of sentence imposed on August 28, 2008 after a jury found him guilty of possession with intent to deliver a controlled substance and criminal use of a communications facility. Willis received concurrent sentences of 7½ to 15 years and 1 to 2 years in prison, respectively. |
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Labels:
Criminal,
entrapment,
Kelly,
Lazarus,
over-reaching,
Shogan
Wednesday, February 17, 2010
IN RE: S.C.B., A MINOR IN RE: J.G.B., A MINOR APPEAL OF: C.B.
IN RE: S.C.B., A MINOR IN RE: J.G.B., A MINOR APPEAL OF: C.B. No. 840 and 841 WDA 2009 2010 PA Super 20 Atlantic: n/a Filed: 2/17/2010 | |
Appeal from the Order Entered April 21, 2009, Court of Common Pleas, Allegheny County, Orphans’ Court Division, at No. CYF 261 of 2007 and CYF 260 of 2007. | |
Before: BENDER, SHOGAN and FITZGERALD?, JJ. | |
Opinion by: SHOGAN, J. | |
C.B., (“Mother”), appeals from the orders entered on April 21, 2009, granting the petitions filed by the Allegheny County Office of Children, Youth and Families (“CYF”), to involuntarily terminate her parental rights to her twin minor children, S.C.B. and J.G.B., (collectively, “Children”), pursuant to the Adoption Act, 23 Pa.C.S.A. § 2511(a)(1), (2), (5), and (8), and (b). In this appeal, Mother challenges, inter alia, the allowance of the termination of parental rights hearing to proceed in the absence of her guardian ad litem. For the reasons that follow, we affirm. |
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Labels:
Adoption,
Bender,
Fitzgerald,
Orphans Court,
parental rights,
Shogan,
Termination
Tuesday, February 16, 2010
COMMONWEALTH OF PENNSYLVANIA v. ROBERT JEFFREY FINK
COMMONWEALTH OF PENNSYLVANIA v. ROBERT JEFFREY FINK No. 2041 MDA 2008 2010 PA Super 18 Atlantic: n/a Filed: 2/16/2010 | |
Appeal from the Judgment of Sentence entered October 16, 2008 In the Court of Common Pleas of Lancaster County Criminal Division at No. CP-36-CR-0004384-2001 | |
Before: BENDER, GANTMAN and POPOVICH, JJ. | |
Opinion by: BENDER, J. | |
Appellant, Robert Jeffrey Fink, appeals from the judgment of sentence of four to eight years’ incarceration imposed after Fink violated conditions of his parole. Fink raises one issue for our review: “Did the court err in finding that Mr. Fink violated his [parole] by being discharged from sex offender counseling for failing to completely disclose his sexual history, where disclosure of this history required Mr. Fink to confess to committing criminal acts, and to provide information regarding these acts which could have provided an essential link in a chain of evidence resulting in criminal charges against him?” Brief for Appellant at 4. We concur in Fink’s assessment that questions posed in a questionnaire he was required to complete in sex offender counseling would reveal “essential link[s] in a chain of evidence” that could support criminal prosecution on other charges. We conclude accordingly that Fink’s responses were conditionally privileged, subject to his constitutional right against self-incrimination and our holding in Commonwealth v. Shrawder, 940 A.2d 436 (Pa. Super. 2007). Thus, the trial court erred in declaring Fink in violation of his parole for refusing to complete the questionnaire. Accordingly, we vacate the judgment of sentence imposed upon Fink’s parole violation and remand this matter for reinstatement of parole and probation. |
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Labels:
Bender,
Criminal,
Gantman,
Popovich,
self-incrimination,
sex offender,
VOP
Friday, February 12, 2010
COMMONWEALTH OF PENNSYLVANIA v. RICHARD D. CORRIGAN, JR.
COMMONWEALTH OF PENNSYLVANIA v. RICHARD D. CORRIGAN, JR. No. 2 WDA 2009 2010 PA Super 17 Atlantic: n/a Filed: 2/12/2010 | |
Appeal from the Judgment of Sentence entered on December 9, 2008 in the Court of Common Pleas of Clearfield County, Criminal Division, No. CP-17-CR-0001167-2007 | |
Before: MUSMANNO, GANTMAN and DONOHUE, JJ. | |
Opinion by: MUSMANNO, J. | |
Richard D. Corrigan, Jr., (“Corrigan”) appeals from the judgment of sentence imposed following his convictions of driving under the influence (“DUI”) and driving on the right side of roadway. See 75 Pa.C.S.A. §§ 3802(c), 3301. We vacate and remand. |
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Monday, February 1, 2010
A.D. v. M.A.B.
A.D. v. M.A.B. No. 1883 EDA 2009 2010 PA Super 15 Atlantic: n/a Filed: 2/1/2010 | |
Appeal from the Order Entered June 4, 2009, in the Court of Common Pleas of Philadelphia County at OC 0171488 | |
Before: STEVENS, BOWES, and FITZGERALD, JJ. | |
Opinion by: FITZGERALD, J. | |
M.A.B. (“Father”) appeals from the order entered in the Philadelphia County Court of Common Pleas, which declined jurisdiction in this child custody matter in favor of the courts of the State of Michigan upon reconsideration of the trial court’s order of February 23, 2009, as requested by A.D. (“Mother”). We hold that the trial court considered and properly weighed all the relevant factors for inconvenient forums pursuant to 23 Pa.C.S. § 5427. Accordingly, we affirm. |
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Labels:
Bowes,
Common Pleas,
Custody,
Fitzgerald,
Jurisdiction,
Muslim,
Stevens
COMMONWEALTH OF PENNSYLVANIA v. DAVID PIERRE KING
COMMONWEALTH OF PENNSYLVANIA v. DAVID PIERRE KING No. 1978 WDA 2008 2010 PA Super 16 Atlantic: n/a Filed: 2/1/2010 | |
Appeal from the Judgment of Sentence of July 19, 2007, in the Court of Common Pleas of Allegheny County, Criminal Division at No. CP-02-CR-0009438-2005 | |
Before: PANELLA, SHOGAN and COLVILLE, JJ. | |
Opinion by: COLVILLE, J. | |
This case is an appeal from judgment of sentence. There are three issues: (1) whether the evidence was sufficient to support Appellant’s conviction for third degree murder; (2) whether the trial court erred in denying Appellant’s motion to bar his trial on grounds of double jeopardy; and (3) whether the trial court erred in not setting aside the verdict due to juror misconduct. We affirm the judgment of sentence. |
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Labels:
3rd Degree,
Colville,
Criminal,
Double Jeopardy,
juror misconduct,
Panella,
Shogan
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