Superior Court - COMMONWEALTH OF PENNSYLVANIA v. KENNEDY DECATRICK KEMP

COMMONWEALTH OF PENNSYLVANIA v. KENNEDY DECATRICK KEMP No. 1607 WDA 2006 2008 PA Super 274 Atlantic: 961 A.2d 1247 Filed: 11/26/2008
	Appeal from the Judgment of Sentence of July 25, 2006, in the Court of Common Pleas of Somerset County, Criminal Division, at No. CP-56-CR-0000313-2005.
Before: FORD ELLIOTT, P.J., MUSMANNO, ORIE MELVIN, LALLY-GREEN, TODD, BOWES, GANTMAN, McCAFFERYand DANIELS, JJ.
Opinion by: BOWES, J.
Concurring Statement by: ORIE MELVIN, J.
Kennedy Decatrick Kemp appeals from the July 25, 2006 judgment of sentence of six to twenty-three months imprisonment followed by two years probation that was imposed after he was convicted at a nonjury trial of possession of a controlled substance, possession of a controlled substance with intent to deliver, and conspiracy. Appellant challenges the constitutionality of the police interdiction that resulted in the seizure of the controlled substance, marijuana. We conclude that Appellant was subjected to a detention that was supported by the existence of reasonable suspicion that he was in possession of a controlled substance. We also conclude that the consent to search the vehicle in question was not constitutionally infirm. Hence, we affirm.

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Superior Court - JEANELLE ANTIONETTE TONEY v. CHESTER COUNTY HOSPITAL, the CHESTER COUNTY HOSPITAL FOUNDATION, INC., MAHEEP GOYAL, M. D., EAST MARSHAL

JEANELLE ANTIONETTE TONEY v. CHESTER COUNTY HOSPITAL, the CHESTER COUNTY HOSPITAL FOUNDATION, INC., MAHEEP GOYAL, M. D., EAST MARSHALL STREET RADIOLOGY and the UNIVERSITY of PENNSYLVANIA d/b/a THE UNIVERSITY of PENNSYLVANIA HEALTH SYSTEM a/k/a THE CLINICAL PRACTICES of the UNIVERSITY OF PENNSYLVANIA a/k/a HOSPITAL of the UNIVERSITY of PENNSYLVANIA: THE TRUSTEES of the UNIVERSITY OF PENNSYLVANIA No. 773 EDA 206, 1191 EDA 2007 2008 PA Super 268 Atlantic: 961 A.2d 192 Petition for Reargument Denied 12/2/2008 Filed: 11/12/2008
	Appeal from the Order Entered March 15, 2006 and April 19, 2007 In the Court of Common Pleas of CHESTER County Civil at No(s): 05-05122
Before: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, ORIE MELVIN, LALLY-GREEN, TODD?, BENDER, GANTMAN AND PANELLA JJ.
Opinion by: PANELLA, J.
Concurring and Dissenting Opinion Opinion by: ORIE MELVIN, J.
On March 3, 2003, Jeanelle Toney, then several months pregnant, had a pelvic ultrasound examination performed by Maheep Goyal, M.D., of the Chester County Hospital Department of Radiology. Dr. Goyal informed Toney that the results of the pelvic ultrasound were normal and did not reveal any fetal abnormalities in her unborn child. To her comfort, Toney was advised that her unborn child was normal and healthy.

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