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Com. v. Gardner, L. - Criminal Appeal
The Pennsylvania Superior Court issued a non-precedential decision affirming the dismissal of Leo A. Gardner's second petition for relief under the Post Conviction Relief Act. The case involves charges of attempted murder, aggravated assault, and terroristic threats stemming from a 2017 incident.
Com. v. Day, L. - Criminal Appeal
The Pennsylvania Superior Court issued a non-precedential decision in the criminal appeal of Com. v. Day, L. The court reversed one conviction (PWID) and affirmed others, vacating part of the judgment of sentence. The appeal concerned the denial of a motion to suppress evidence and the sufficiency of evidence for the PWID conviction.
Xu v Ng - Non-Precedential Decision
The Superior Court of Pennsylvania issued a non-precedential decision in Xu v. Ng, vacating a judgment and remanding for dismissal due to failure to join an indispensable party. The case involves a dispute over a property lease and option to purchase.
Duffy v. Tatum - Pennsylvania Superior Court Opinion
The Pennsylvania Superior Court affirmed a lower court's decision in Duffy v. Tatum, ruling that a company's website did not provide sufficiently clear notice of its terms of service, thus a consumer did not agree to waive their right to a jury trial. The case involved preliminary objections related to an alternative dispute resolution clause.
In Re: G. Bush, Appeal of: M. Bush - Estate Appeal
The Pennsylvania Superior Court affirmed a lower court's order invalidating a will based on lack of testamentary capacity and undue influence. The decision stems from a long-standing dispute within the Bush family over the estate of Genevieve Bush.
Commonwealth v. Gaddy - PCRA Appeal
The Superior Court of Pennsylvania affirmed the dismissal of Jerry R. Gaddy's Post Conviction Relief Act (PCRA) petition. The court found the petition to be untimely filed and Gaddy failed to establish an exception to the statutory time-bar. The original conviction dates back to 1976.
Com. v. Kirkland, K - Criminal Appeal
The Superior Court of Pennsylvania issued a non-precedential decision in Commonwealth v. Kirkland, K. The court affirmed the trial court's denial of the appellant's motion to suppress a firearm recovered during a traffic stop, upholding the judgment of sentence for carrying a firearm without a license and careless driving.
In the Int. of S.C. - Juvenile Delinquency Appeal
The Superior Court of Pennsylvania dismissed an appeal concerning a juvenile's out-of-home placement. The court found the appeal fell outside the scope of the relevant rule, which limits challenges to the fact of placement rather than the specific agency or institution.
Com. v. Dartoe, T. - Non-Precedential Superior Court Decision
The Superior Court of Pennsylvania reversed an order granting Thomas Dartoe's petition for post-conviction relief, which had ordered his release from custody. The court found that Dartoe's untimely petition did not establish a newly discovered fact regarding his age at the time of the offense.
Cutchember v. State - Criminal Procedure Retroactivity
The Maryland Court of Appeals ruled that the state's new law (CP ยง 1-211), which prohibits stops or searches based solely on the odor of cannabis, does not apply retroactively to incidents occurring before its July 1, 2023 effective date. This decision impacts the application of the exclusionary remedy for cannabis-related stops and searches conducted prior to the statute's enactment.
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