Friday, October 29, 2010

COMMONWEALTH OF PENNSYLVANIA v. JOSEPH CRAIG ECKROTE

COMMONWEALTH OF PENNSYLVANIA v. JOSEPH CRAIG ECKROTE
No. 1118 MDA 2009 2010 PA Super 198 Atlantic: n/a Filed: 10/29/2010

Appeal from the Judgment of Sentence entered May 21, 2009
In the Court of Common Pleas of Luzerne County
Criminal Division at No(s): CP-40-CR-0002332-2008, CP-40-CR-0002328-2008
Before: PANELLA, OTT and COLVILLE, JJ.
Opinion by: PANELLA, J.
Appellant, Joseph Craig Eckrote, appeals from the judgment of sentence entered on May 21, 2009, by the Honorable Joseph M. Augello, Court of Common Pleas of Luzerne County. After careful review, we affirm.
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Tuesday, October 26, 2010

IN THE INTEREST OF: T.B. APPEAL OF: T.B.

IN THE INTEREST OF: T.B.
APPEAL OF: T.B.

No. 1775 EDA 2008 2010 PA Super 197 Atlantic: n/a Filed: 10/26/2010

Appeal from the Dispositional Order of June 12, 2008,
in the Court of Common Pleas of Philadelphia County,
Family Court Division, at No. 651-08-02, 649-08-02,
Petition # 270-08-03, 653-08-02, 645-08-02.
Before: BOWES, OLSON, and FREEDBERG, JJ.
Opinion by: BOWES, J.
This is an appeal from the dispositional order of the Court of Common Pleas of Philadelphia County entered following Appellant’s adjudication of delinquency based on his commission of acts constituting four incidents each of burglary, conspiracy, possession of an instrument of crime (“PIC”), and one instance of receiving stolen property (“RSP”). We reverse and remand.
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Monday, October 25, 2010

COMMONWEALTH OF PENNSYLVANIA v. HAP AL SEIDERS

COMMONWEALTH OF PENNSYLVANIA v. HAP AL SEIDERS
No. 1605 MDA 2009 2010 PA Super 194 Atlantic: n/a Filed: 10/25/2010

Appeal from the Judgment of Sentence of August 19, 2009
In the Court of Common Pleas of Dauphin County, Criminal
Division, No. CR-0000437-08, CP-22-CR-0004709-2008
Before: MUSMANNO, LAZARUS, and OLSON, JJ.
Opinion by: LAZARUS, J.
Hap Al Seiders (“Seiders”) appeals from his judgment of sentence entered in the Court of Common Pleas of Dauphin County following his conviction for bigamy. The issue before us is whether the Court of Common Pleas of Dauphin County has subject matter jurisdiction over the offense of bigamy where the second marriage took place in Las Vegas, Nevada. Because jurisdiction lies in Nevada, where the second, offending marriage occurred, we conclude that the trial court lacked subject matter jurisdiction to convict Seiders of bigamy, and, therefore, we reverse.
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COMMONWEALTH OF PENNSYLVANIA v. ANTHONY ABRUE

COMMONWEALTH OF PENNSYLVANIA v. ANTHONY ABRUE
No. 2502 EDA 2007 2010 PA Super 196 Atlantic: n/a Petition for Reargument Filed 11/8/2010 Filed: 10/25/2010

Appeal from the Judgment of Sentence dated September 4, 2007
Court of Common Pleas, Philadelphia County,
Criminal Division at No. CP-51-CR-0006091-2007
Before: GANTMAN, DONOHUE, JJ. and McEWEN, P.J.E.
Opinion by: DONOHUE, J.
Anthony Abrue (“Abrue”) appeals from the judgment of sentence dated September 4, 2007 following his conviction on charges of simple assault [18 Pa.C.S.A. §§ 2701] and resisting arrest [18 Pa.C.S.A. §§ 5104]. In a prior memorandum decision, this Court denied all of the issues raised in Abrue’s direct appeal. After granting Abrue’s petition for allowance of appeal, however, our Supreme Court vacated this Court’s order insofar as it disposed of his contention that the trial court’s evidentiary decisions violated his constitutional rights under the Confrontation Clause in the Sixth Amendment to the United States Constitution. Our Supreme Court instructed that we consider on remand the Confrontation Clause claim in light of its decision in Commonwealth v. Allshouse, -- Pa. --, 985 A.2d 847 (2009). Having performed a review in light of Allshouse and the United States Supreme Court’s decisions from which it emanates, we reverse the judgment of sentence and remand to the trial court for further proceedings consistent with this decision.
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Friday, October 22, 2010

COMMONWEALTH OF PENNSYLVANIA v. DAVID W. ANDERSON

COMMONWEALTH OF PENNSYLVANIA v. DAVID W. ANDERSON
No. 495 WDA 2009 2010 PA Super 195 Atlantic: n/a Filed: 10/22/2010

Appeal from the Order Entered February 6, 2009,
In the Court of Common Pleas of Venango County
Criminal Division at No(s): CP-61-CR-0000009-2001, CP-61-CR-0000636-2000
Before: MUSMANNO, OLSON, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
Dissenting Opinion by: MUSMANNO, J.
This matter is before the Court on the appeal of the Commonwealth of Pennsylvania from the order entered by the Court of Common Pleas of Venango County, granting the motion of Appellee David W. Anderson, defendant below, and dismissing the prosecution because of prosecutorial misconduct. We reverse and remand.
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Thursday, October 21, 2010

IN RE: ADOPTION OF: S.P. APPEAL OF: G.P., NATURAL FATHER

IN RE: ADOPTION OF: S.P.
APPEAL OF: G.P., NATURAL FATHER

No. 1244 WDA 2009 2010 PA Super 193 Atlantic: n/a Filed: 10/21/2010

Appeal from the Decree entered June 24, 2009,
Court of Common Pleas, Washington County,
Orphan’s Court at No. 63-08-0875
Before: DONOHUE, ALLEN and LAZARUS, JJ.
Opinion by: DONOHUE, J.
Dissenting Opinion by: ALLEN, J.
G.P. (“Father”) appeals from the trial court decree entered on June 24, 2009, which granted the petition of Washington County Children & Youth Social Services (“CYS” or the “Agency”) for the involuntary termination of Father’s parental rights to S.P who was born in May, 2005. Father is incarcerated and has been since prior to S.P.’s birth. The record is unclear as to how much prison time, if any, Father has yet to face, although he was eligible for parole in August 2009 and had a clean prison record at the time of the termination hearing in March 2009.
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Wednesday, October 20, 2010

COMMONWEALTH OF PENNSYLVANIA v. SANDRA ROBINSON

COMMONWEALTH OF PENNSYLVANIA v. SANDRA ROBINSON
No. 1561 EDA 2009 2010 PA Super 192 Atlantic: n/a Filed: 10/20/2010

Appeal from the Judgment of Sentence Entered April 16, 2009,
Court of Common Pleas, Chester County,
Criminal Division, at No. CP-15-CR-0002237-2007.
Before: GANTMAN, SHOGAN and MUNDY, JJ.
Opinion by: SHOGAN, J.
Appellant, Sandra Robinson, appeals from the judgment of sentence entered following her conviction of four counts each of possession with intent to deliver a controlled substance, simple possession of a controlled substance and possession of drug paraphernalia, and one count each of criminal use of a communication facility and criminal conspiracy. On appeal, Appellant challenges the trial court’s refusal to grant her eligibility for the Recidivism Risk Reduction Incentive (“RRRI”) program. For the reasons that follow, we vacate the judgment of sentence and remand for resentencing.
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Friday, October 15, 2010

COMMONWEALTH OF PENNSYLVANIA v. NANCY GEZOVICH

COMMONWEALTH OF PENNSYLVANIA v. NANCY GEZOVICH
No. 786 WDA 2009 2010 PA Super 191 Atlantic: n/a Filed: 10/15/2010

Appeal from the Judgment of Sentence of April 1, 2009,
in the Court of Common Pleas of Washington County,
Criminal Division, at No. CP-63-SA-0000350-2008.
Before: BENDER, BOWES, and COLVILLE, JJ.
Opinion by: BOWES, J.
Nancy Gezovich appeals from the judgment of sentence of fines and costs that was imposed after she was convicted of the summary offense of careless driving. As we conclude that the evidence was insufficient to sustain her conviction, we vacate the sentence and discharge Appellant.
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ALAN P. EPSTEIN, ESQUIRE AND SPECTOR GADON & ROSEN, P.C. v. SAUL EWING LLP

ALAN P. EPSTEIN, ESQUIRE AND SPECTOR GADON & ROSEN, P.C. v. SAUL EWING LLP
No. 350 EDA 2009 2010 PA Super 190 Atlantic: n/a Filed: 10/15/2010

Appeal from the Order Dated November 10, 2008,
in the Court of Common Pleas of Philadelphia County,
Civil Division, at No. January Term, 2006 No. 4539.
Before: BOWES, OLSON, and OTT, JJ.
Opinion by: BOWES, J.
Saul Ewing LLP appeals by permission from the interlocutory order determining the “case within a case” involved in this legal malpractice action. We affirm.
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Wednesday, October 13, 2010

COMMONWEALTH OF PENNSYLVANIA v. TARVUS GAINER

COMMONWEALTH OF PENNSYLVANIA v. TARVUS GAINER
No. 1610 WDA 2009 2010 PA Super 189 Atlantic: n/a Filed: 10/13/2010

Appeal from the Judgment of Sentence July 22, 2009
In the Court of Common Pleas of Allegheny County
Criminal Division at No(s): CP-0008058-08, CP-02-CR-0016563-2008
Before: STEVENS, DONOHUE, and OTT, JJ.
Opinion by: STEVENS, J.
This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Allegheny County following Appellant’s conviction on the charges of carrying a firearm without a license, 18 Pa.C.S.A. § 6106, and possession of a firearm with an altered manufacturer’s number, 18 Pa.C.S.A. § 6110.2. Appellant’s sole contention is that the evidence was insufficient to sustain his conviction for carrying a firearm without a license under Section 6106 since the Commonwealth failed to prove the firearm was “operable.”
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Friday, October 8, 2010

IN RE: N.W. APPEAL OF: N.W., JUVENILE

IN RE: N.W.
APPEAL OF: N.W., JUVENILE

No. 1633 EDA 2009 2010 PA Super 187 Atlantic: n/a Filed: 10/8/2010

Appeal from the Order entered May 1, 2009, Court of Common Pleas, Lehigh County,
Juvenile Division at No. CP-39-JV-0002297-2008, ID # 0150280 – No. 1202-J of 2008
Before: MUSMANNO, DONOHUE and COLVILLE, JJ.
Opinion by: DONOHUE, J.
This is an appeal from an order of court adjudicating the appellant, N.W., delinquent. Following our careful review, we affirm.
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Thursday, October 7, 2010

SANDRA BASILE, on behalf of herself and all others similarly situated v. H & R BLOCK, INC. and H & R BLOCK EASTERN TAX SERVICES, INC.

SANDRA BASILE, on behalf of herself and all others similarly situated v. H & R BLOCK, INC. and H & R BLOCK EASTERN TAX SERVICES, INC.
No. 318 EDA 2004 2010 PA Super 184 Atlantic: n/a Filed: 10/7/2010

Appeal from the Order entered January 21, 2004,
Court of Common Pleas, Philadelphia County,
Civil Division at No. 9304-3246
Before: DONOHUE, ALLEN and FITZGERALD, JJ.
Opinion by: DONOHUE, J.
Appellants, Sandra Basile (“Basile”), on her own behalf and as the class representative for a class of Pennsylvania residents who applied for and received a “Rapid Refund” during the years 1990 through 1993 while having their taxes prepared by Appellees H & R Block, Inc. and H & R. Block Eastern Tax Services, Inc. (collectively, “Block”), appeals from the trial court’s order entered January 21, 2004 decertifying the class previously certified on May 30, 1997. For the reasons set forth herein, we reverse and remand.
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COMMONWEALTH OF PENNSYLVANIA v. ARC BROOKS

COMMONWEALTH OF PENNSYLVANIA v. ARC BROOKS
No. 1860 EDA 2009 2010 PA Super 185 Atlantic: n/a Petition for Reargument Filed 10/18/2010 Filed: 10/7/2010

Appeal from the Judgment of Sentence entered June 19, 2009,
in the Court of Common Pleas of Delaware County, Criminal,
at No. CP-23-CR-0004874-2007.
Before: ALLEN, LAZARUS, and FREEDBERG, JJ.
Opinion by: ALLEN, J.
Dissenting Opinion Opinion by: LAZARUS, J.
Marc Brooks (“Appellant”) appeals from the judgment of sentence imposed after a jury convicted him of two counts of endangering the welfare of two minor victims, as well as multiple sexual offenses involving one of the minor victims. We affirm.
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Friday, October 1, 2010

LATOYA L. BRICKUS vs. RAYMOND T. DENT

LATOYA L. BRICKUS vs. RAYMOND T. DENT
No. 1648 EDA 2009 2010 PA Super 183 Atlantic: n/a Filed: 10/1/2010

Appeal from the Order entered May 11, 2009
In the Court of Common Pleas of Chester County
Domestic Relations, No. 1358 N 1999
Before: BOWES, GANTMAN, AND KELLY, JJ.
Opinion by: GANTMAN, J.
Dissenting Opinion by: BOWES, J.
Appellant, Latoya L. Brickus (“Mother”), appeals from the order entered in the Chester County Court of Common Pleas, which declined to implement the hearing officer’s report and recommendation to increase the support obligation of Appellee, Raymond T. Dent (“Father”), in accordance with amended state support guidelines. For the following reasons, we vacate and remand for further proceedings.
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