Tuesday, September 30, 2008

Superior Court 9/30/08 - COMMONWEALTH OF PENNSYLVANIA v. NASHADEEM BOSTICK

COMMONWEALTH OF PENNSYLVANIA v. NASHADEEM BOSTICK
No. 2228 EDA 2007 2008 PA Super 233 Atlantic: n/a Filed: 9/30/2008
Appeal from the Judgment of Sentence August 3, 2007 In the Court of Common Pleas of Philadelphia County Criminal Division at No. CP-51-CR-0000971-2007
Before: MUSMANNO, BENDER and COLVILLE*, JJ.
Opinion by: BENDER, J.
Nashadeem Bostick appeals from the judgment of sentence of five to ten years’ imprisonment imposed following his convictions of possession with intent to deliver a controlled substance (PWID) and conspiracy. Appellant challenges the trial court’s denial of his pretrial motion to suppress evidence and the sufficiency of the evidence. We affirm.
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Monday, September 29, 2008

Superior Court 9/29/08 - IN THE MATTER OF: K.K.R.-S., K.M.R., K.A.R., MINORS

IN THE MATTER OF: K.K.R.-S., K.M.R., K.A.R., MINORS APPEAL OF: D.R., NATURAL MOTHER
No. 1429 MDA 2007 2008 PA Super 231 Atlantic: n/a Filed: 9/29/2008
Appeal from the Decrees in the Court of Common Pleas of Dauphin County, Orphans’ Court Division, Nos. 4-ADOPT-2007/7 JD 2004, 5-ADOPT-2007/750 JD 2003 6-ADOPT-2007/JV-693-2006
Before: STEVENS, MUSMANNO and TAMILIA, JJ.
Opinion by: TAMILIA, J.
D.R. appeals from the Decrees terminating her parental rights to K.K.R.-S. (DOB 8/23/00), K.M.R. (DOB 11/14/03), and K.A.R. (DOB 1/31/06).

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Superior Court 9/29/08 - COMMONWEALTH OF PENNSYLVANIA v. MICHAEL T. WILLIAMS

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL T. WILLIAMS
No. 1013 MDA 2007 2008 PA Super 232 Atlantic: n/a Filed: 9/29/2008
Appeal from the Judgment of Sentence entered April 30, 2007 In the Court of Common Pleas of Luzerne County Criminal at No(s): CP-40-CR-0002956-2005
Before: PANELLA, SHOGAN, and KELLY, JJ.
Opinion by: PANELLA, J.
Appellant, Michael T. Williams, appeals from the judgment of sentence entered on April 30, 2007, by the Honorable Peter Paul Olszewski, Jr., Court of Common Pleas of Luzerne County. After careful review, we affirm.

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Superior Court 9/29/08 - COMMONWEALTH OF PENNSYLVANIA v. JOSEPH J. JENNINGS, JR.

COMMONWEALTH OF PENNSYLVANIA v. JOSEPH J. JENNINGS, JR.
No. 1090 MDA 2007 2008 PA Super 230 Atlantic: n/a Filed: 9/29/2008
Appeal from the Judgment of Sentence April 14, 2004 In the Court of Common Pleas of Lycoming County Criminal at No(s): CP-41-CR-0000342-2003
Before: STEVENS, MUSMANNO, and TAMILIA, JJ.
Opinion by: STEVENS, J.
Dissenting Opinion by: MUSMANNO, J.
This is an appeal nunc pro tunc from the judgment of sentence entered in the Court of Common Pleas of Lycoming County subsequent to Appellant’s convictions for one count of sexual assault and two counts of indecent assault, and his acquittal on a charge of rape. On appeal, Appellant contends (1) the trial court erred in qualifying a sexual assault nurse as an expert witness and permitting her to make a “medical diagnosis” of the victim’s condition, and (2) the jury’s verdict was against the weight of the evidence based on the factual record and the jury’s verdict was inconsistent. We affirm the judgment of sentence.

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Superior Court 9/29/08 - LISA DILLON v. HOMEOWNER’S SELECT, AFFINITY INSURANCE SERVICES, INC.,

LISA DILLON v. HOMEOWNER’S SELECT, AFFINITY INSURANCE SERVICES, INC.,
No. 2969 EDA 2006 2008 PA Super 229 Atlantic: n/a Filed: 9/29/2008
Appeal from the Order entered October 25, 2006, Court of Common Pleas, Montgomery County, Civil Division at No. 06-03005
Before: BOWES, DONOHUE, and POPOVICH, JJ.
Opinion by: DONOHUE, J.
In a case of first impression, we address whether Appellant Lisa Dillon (“Dillon”) may assert a cause of action for money damages against a private employer for gender-based discrimination under the Equal Rights Amendment of the Pennsylvania Constitution. Pa. Const., art. I, § 28. We conclude that there is no private right of action for damages against a private employer under the Equal Rights Amendment and therefore affirm the trial court’s dismissal of Dillon’s case.

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Superior Court 9/29/08 - IN THE INTEREST OF: R.Y., JR.

IN THE INTEREST OF: R.Y., JR. APPEAL OF: R.Y., JR.
No. 3415 EDA 2007 2008 PA Super 228 Atlantic: n/a Filed: 9/29/2008
Appeal from the Order entered on August 15, 2007, in the Court of Common Pleas of Wayne County, Civil Division, at No(s). 267-2007-Civil
Before: LALLY-GREEN, KLEIN, and GANTMAN, JJ
Opinion by: LALLY-GREEN, J.
Appellant, R.Y., Jr., appeals from the order entered on August 15, 2007, directing him to undergo immediate commitment to an involuntary inpatient treatment facility under Act 21, 42 Pa.C.S.A. § 6401 et seq. We affirm.

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Friday, September 26, 2008

Superior Court - 9/26/08 - COMMONWEALTH OF PENNSYLVANIA v. SUNCERAY B. PANTALION

COMMONWEALTH OF PENNSYLVANIA v. SUNCERAY B. PANTALION
No. 1379 MDA 2007 2008 PA Super 226 Atlantic: n/a Filed: 9/26/2008
Appeal from the Judgment of Sentence July 10, 2007 In the Court of Common Pleas of Schuylkill County Criminal, No. CP-54-CR-0002048-2005
Before: GANTMAN, ALLEN, AND HUDOCK, JJ.
Opinion by: GANTMAN, J.
Appellant, Sunceray B. Pantalion, appeals from the judgment of sentence entered in the Schuylkill County Court of Common Pleas, following her guilty plea to one count each of forgery, tampering with records, theft by unlawful taking, and theft by deception. Appellant asks us to determine whether the trial court erred in grading forgery of a money order as a second-degree felony. We hold Appellant’s negotiation of a counterfeit United States Postal Service money order constituted a second-degree felony under the forgery statute. Accordingly, we affirm.

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