The following are the judicial opinions as published in the Lebanon County Legal Journal.
Weidman vs. City of Lebanon Zoning Board No. 2014-02004
Wednesday, August 5, 2015 10:03
Civil Action-Law-Zoning-Request for a Variance to Continue Non-Permitted Use of Property-Appeal of Decision of Zoning Hearing Board-Trial Court Standard of Review-Variance-Variance by Estoppel-Prohibited Use of Property for Extended Period of Time-Knowledge of the Municipal Authority-Good Faith of the Landowner 1. A landowner seeking to sell his property including a building that he converted from a storage shed to apartments in […]
Porter vs. Tony’s Mining Company Restaurant, Inc., et al. No. 2012-00148
Wednesday, July 8, 2015 11:17
Civil Action-Law-Motion for Summary Judgment-Negligence-Slip and Fall by Patron-Restaurant After Hours-Side Entrance-Duty of Care-Business Invitee and Trespasser 1. In a motion for summary judgment, the burden is on the moving party to prove that no genuine issue of material fact exists for trial. 2. The duty owed by a possessor of land to a third party entering the land depends […]
Commonwealth vs. Peck No. CP-38-CR-0854-2012
Wednesday, July 1, 2015 10:13
Crimes – Appeal – Sufficiency of Evidence – Required View of Evidence – Beyond a Reasonable Doubt – DUI – Actual Physical Control of Vehicle – No Movement Required – Circumstantial Evidence. A claim challenging the sufficiency of the evidence is a question of law. The evidence adduced at trial must be viewed in the light most favorable to the […]
Commonwealth vs. Adley No. CP-38-CR-1117-2013
Wednesday, June 10, 2015 10:11
Crimes – Sentencing – Aggravated Assault – Endangering the Welfare of Children – Guidelines – Deviation – Consecutively or Concurrently – Abuse of Discretion – Post-Sentence Motions. Sentencing is a matter vested in the sound discretion of the sentencing court whose judgment will not be disturbed absent an abuse of discretion. The Sentencing Guidelines enumerate aggravating and mitigating circumstances, assign […]
Commonwealth vs. Motter No. CP-38-CR-780-2013
Wednesday, June 3, 2015 10:10
Crimes – Driving Too Closely – Probable Cause – DUI – Appeal from Jury Verdict. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway. The law does not require rigid answers to […]
Shearer, et vir vs. Hafer and Ford No. 2012-01286
Wednesday, April 15, 2015 10:00
Civil Action – Motor Vehicle Accident – Discovery – Defense Mental Examination – Presence of Counsel – Pa.R.C.P. 4010 and 4012 Reconciled – Motion for Protective Order. Pennsylvania’s Rules of Civil Procedure, including those relating to discovery, shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable. In […]
Commonwealth vs. Martin No. CP-38-CR-0000899-1993; CP-38-CR-0001079-1993
Wednesday, April 8, 2015 10:01
Crimes – First Degree Murder – Package Deal Plea Agreement – Stare Decicis – PCRA – Due Process – Contractual Nature of Plea Bargain – Specific Performance – Death Penalty – Fourteenth Amendment – Scrutiny and Enforcement of Plea Bargains – Sixth Amendment – Defendant’s Ability to Control Acceptance of Plea Bargain – Capital Sentencing Proceeding – Motion to Compel […]
Commonwealth vs. Barrett No. CP-38-CR-762-2014
Wednesday, February 11, 2015 10:00
Crimes – Miranda Warnings – Custodial Interrogation – Rhetorical Questions – Independent Source Rule – Doctrine of Inevitable Discovery – Search Warrant – Motion to Suppress Evidence. The United States Supreme Court declared that before police can conduct a custodial interrogation of a suspect, they must first apprise the suspect of certain constitutional rights. The so-called “Miranda warnings” that […]
Smith vs. Smith No. 2013-20491
Wednesday, February 4, 2015 10:00
Domestic Relations – Alimony Pendente Lite – Pennsylvania Common Law – Section 3702, Divorce Code – Support Guidelines – Alimony Pendente Lite and Support Distinguished – Case Law Preserved – Deviation from Support Guidelines – Exceptions to Recommendation of Special Master. Alimony pendente lite began as a precept of Pennsylvania Common Law, not as a matter of right. It was […]
Boehler vs. Boehler No. 2006-20469
Wednesday, December 17, 2014 10:52
Domestic Relations – Custody – Contempt – Civil and Criminal Distinguished – Sanctions – Child’s Defiant Behavior – Mother’s Role – Remedial Order – Counsel Fees. Contempt is a generic concept distinguished by two types, criminal and civil contempt. The difference is not of the essence, but of the purpose sought by their use. When the dominant purpose of the […]