Kushner v. Wallace, et al. (Lawyers Weekly No. 09-005-18)
Promissory note claim dismissed against defendants not party to the note; fiduciary duty claims clarified and allowed to proceed; second amended complaint and discovery motions denied.
Promissory note claim dismissed against defendants not party to the note; fiduciary duty claims clarified and allowed to proceed; second amended complaint and discovery motions denied.
Extraordinary relief unavailable where petitioner has adequate alternative remedies, including ordinary appeal after posting bond or appeal of bond denial after accepting dismissal.
Defendant failed to show chemist misconduct in separate case warranted withdrawal of guilty plea where chemist played no role in current case and defendant received promised concurrent sentence benefit.
Nine-year delay in prosecution for murder. Speedy trial violated for one defendant based on Commonwealth negligence in obtaining custody; not violated for other due to defendant's flight.
Murder defendants indicted 2002, charged 2010, challenged delay. Court reversed dismissal, finding defendants failed to assert speedy trial rights and suffered no prejudice.