Friday, October 17, 2008

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. JEROME KING

COMMONWEALTH OF PENNSYLVANIA v. JEROME KING
No. 3214 EDA 2006 2008 PA Super 243 Atlantic: 959 A.2d 405 Filed: 10/17/2008

Appeal from the Judgment of Sentence of June 23, 2006,
in the Court of Common Pleas of Philadelphia County,
Criminal Division, at No. 0507-0619
Before: ORIE MELVIN, BOWES AND COLVILLE,* JJ.
Opinion by: BOWES, J.
Jerome King appeals the judgment of sentence that was entered after a jury convicted him of first degree murder, criminal conspiracy, and carrying a firearm on the public streets of Philadelphia. Appellant was sentenced to life imprisonment, a consecutive term of twenty to forty years imprisonment, and a concurrent term of twelve to sixty months imprisonment, respectively. After careful review, we affirm.
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Wednesday, October 15, 2008

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. DENNIS KEITH DIXON

COMMONWEALTH OF PENNSYLVANIA v. DENNIS KEITH DIXON
No. 1502 MDA 2007 2008 PA Super 241 Atlantic: 959 A.2d 399 Filed: 10/15/2008

Appeal from the Order Entered August 8, 2007,
Court of Common Pleas, Dauphin County,
Criminal Division, at No. CP-22-MD-0000790-2006
Before: GANTMAN, SHOGAN and KELLY, JJ.
Opinion by: SHOGAN, J.
The Commonwealth of Pennsylvania (“the Commonwealth”) appeals from the order entered on August 8, 2007, granting a motion for change of venue made by Dennis Keith Dixon (“Appellee”). For the following reasons, we vacate and remand.
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Superior Court - JENNIFER A. ELLISON v. DAMOUN M. LOPEZ

JENNIFER A. ELLISON v. DAMOUN M. LOPEZ
No. 3379 EDA 2007 2008 PA Super 242 Atlantic: 959 A.2d 395 Filed: 10/15/2008

Appeal from the Order entered November 14, 2007
In the Court of Common Pleas of Philadelphia County,
Domestic Relations, No. 04-12199, Pacses No. 564106698
Before: LALLY-GREEN, KLEIN and GANTMAN, JJ.
Opinion by: KLEIN, J.
Damoun M. Lopez appeals from the decision of the trial court refusing to set aside a prior order of paternity. We affirm.
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Friday, October 10, 2008

Superior Court - NATIONWIDE ASSURANCE COMPANY v. CALVIN EASLEY

NATIONWIDE ASSURANCE COMPANY v. CALVIN EASLEY
No. 1278 WDA 2006 2008 PA Super 240 Atlantic: 960 A.2d 843 Petition for Reargument Denied 12/15/2008 Filed: 10/10/2008

Appeal from the Judgment June 20, 2006,
In the Court of Common Pleas of Allegheny County,
Civil Division at No. GD 04-8079
Before: MUSMANNO, POPOVICH, and HUDOCK, JJ.
Opinion by: POPOVICH, J.
Appellant Calvin Easley appeals the grant of summary judgment to Appellee Nationwide Assurance Company on the basis that the trial court erred in construing exclusion clauses within an automobile insurance policy issued by Appellee to deny Appellant’s claim for injuries sustained while operating a taxi. We affirm.
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Thursday, October 9, 2008

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. LISA M. HACKER

COMMONWEALTH OF PENNSYLVANIA v. LISA M. HACKER
No. 1659 WDA 2007 2008 PA Super 239 Atlantic: 959 A.2d 380 Filed: 10/9/2008

Appeal from the Judgment of Sentence of May 9, 2007,
in the Court of Common Pleas of Clarion County,
Criminal Division at No. CP-16-CR-0000503-2006
Before: LALLY-GREEN, TAMILIA and COLVILLE*, JJ.
Opinion by: COLVILLE, J.
This case is a direct appeal from judgment of sentence. Appellant was convicted of one count of criminal solicitation (18 Pa.C.S.A. § 902(a)) with the intent of promoting or facilitating the rape of a child under thirteen (18 Pa.C.S.A § 3121(c), a felony of the first degree). This charge was based on the allegation that Appellant encouraged N.A. (a twelve-year-old girl) and C.G. (a thirteen-year-old boy) to engage in oral sex.
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Tuesday, October 7, 2008

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. B.D.G.

COMMONWEALTH OF PENNSYLVANIA v. B.D.G.
No. 444 MDA 2006 2008 PA Super 238 Atlantic: 959 A.2d 362 Filed: 10/7/2008

Appeal from the order entered February 22, 2006
in the Court of Common Pleas of Susquehanna County
Criminal Division, at No. 2005-5068/JV.
Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, BENDER, BOWES, GANTMAN, PANELLA, DONOHUE, and ALLEN, JJ.
Opinion by: ORIE MELVIN, J.
Dissenting Opinion by: ALLEN, J.
In this appeal we consider whether the trial court abused its discretion in ordering Appellant, B.D.G., to make restitution in the amount of $29,439.00 pursuant to the Juvenile Act. 42 Pa.C.S.A. §§ 6301-6365. After review, we affirm.
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Friday, October 3, 2008

Superior Court - SMITHKLINE BEECHAM CORP., D/B/A GLAXOSMITHKLINE, ESTHER CHEUNG, MINNIE IWAMTO AND ROSEMARY LECOMPTE v. STOP HUNTINGDON ANIMAL CRUELTY

SMITHKLINE BEECHAM CORP., D/B/A GLAXOSMITHKLINE, ESTHER CHEUNG, MINNIE IWAMTO AND ROSEMARY LECOMPTE v. STOP HUNTINGDON ANIMAL CRUELTY USA, HUGS FOR PUPPIES, INC., NICHOLAS COONEY, DAVID LAMBON, CHRISTOPHER SEMICK, AMANDAH POVILITUS AND JOHN DOES 1-10
APPEAL OF: NICHOLAS COONEY

No. 2034 and 2035 EDA 2007 2008 PA Super 237 Atlantic: 959 A.2d 352 Filed: 10/3/2008

Appeal from the Order entered June 22, 2007
In the Court of Common Pleas of Philadelphia County,
Civil, No. 0366 November Term, 2006
Before: ORIE MELVIN, KLEIN and FITZGERALD, JJ.
Opinion by: KLEIN, J.
Nicholas Cooney appeals from the order finding him in contempt of a November 27, 2006 injunction (“the 2006 injunction”) and the issuance of a more restrictive injunction, dated June 22, 2007 (“the 2007 injunction”). Cooney claims on appeal that the 2007 injunction is an unconstitutional restriction on his First Amendment free speech rights, that the lower court impermissibly assumed extraterritorial jurisdiction in issuing the 2007 injunction, and that the lower court erred in finding him to be in contempt of the 2006 injunction. We affirm in part and reverse in part.
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Wednesday, October 1, 2008

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. MICHAEL RUSH

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL RUSH
No. 71 EDA 2008 2008 PA Super 236 Atlantic: 959 A.2d 945 Petition for Reargument Denied 12/1/2008 Filed: 10/1/2008

Appeal from the Judgment of Sentence of December 4, 2007, in the Court of Common Pleas of Philadelphia County,
Criminal Division at Nos. CP-51-CR-0011027-2007,
CP-51-CR-0011086-2007, CP-51-CR-0012483-2007,
CP-51-CR-0013139-2007, CP-51-CR-0408071-2004,
CP-51-CR-0500591-2006
Before: MUSMANNO, BENDER and COLVILLE*, JJ.
Opinion by: COLVILLE, J.
Concurring and Dissenting Opinion Opinion by: BENDER, J.
On this direct appeal from judgment of sentence, Appellant contends his guilty pleas were involuntary because he was not advised, prior to pleading, that he was subject to mandatory minimum terms of imprisonment for drug trafficking. He also contends the mandatory minima imposed on him constitute an illegal sentence. As an alternative to each of the foregoing claims, Appellant seeks permission to appeal the discretionary aspects of his sentence. We affirm
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Superior Court - IN THE INTEREST OF O.J. APPEAL OF: COMMONWEALTH OF PENNSYLVANIA

IN THE INTEREST OF O.J.
APPEAL OF: COMMONWEALTH OF PENNSYLVANIA

No. 310 EDA 2007 2008 PA Super 234 Atlantic: 958 A.2d 561 Filed: 10/1/2008

Appeal from the Order Entered September 26, 2006,
in the Court of Common Pleas of Philadelphia County,
Criminal Division, at No. J.P. No. 0509-0683
Before: FORD ELLIOTT, P.J., MUSMANNO, LALLY-GREEN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN and ALLEN, JJ.
Opinion by: BOWES, J.
Dissenting Opinion by: MUSMANNO, J.
The Commonwealth appeals from a September 26, 2006 order suppressing drugs seized from a motor vehicle pursuant to a protective search for weapons conducted after a lawful traffic stop. We reverse and remand.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. ROBERT MORRIS, SR.

COMMONWEALTH OF PENNSYLVANIA v. ROBERT MORRIS, SR.
No. 1018 EDA 2006 2008 PA Super 235 Atlantic: 958 A.2d 569 Filed: 10/1/2008

Appeal from the Judgment of Sentence March, 6, 2006
in the Court of Common Pleas of Philadelphia County,
CRIMINAL DIVISION, No. 0405-0293 1/1
Before: FORD ELLIOTT, P.J., MUSMANNO, LALLY-GREEN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN, ALLEN, JJ.
Opinion by: MUSMANNO, J.
Robert Morris, Sr., (“Morris”) appeals from the judgment of sentence imposed following his convictions of two counts of murder of the third degree. See 18 Pa.C.S.A. § 2502(c). We granted en banc review in order to determine whether Morris could be sentenced to a mandatory term of life in prison pursuant to 42 Pa.C.S.A. section 9715 where the trial court convicted Morris of two separate murders at the same trial and subsequently sentenced him on the same date for both counts. We affirm

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