Hoort v. Hoort (Lawyers Weekly No. 11-055-14)
Contempt judgment reversed where husband applied consistent tax rate to year-end distribution in compliance with temporary support order language requiring payment "after taxes."
Lawyers
Commonwealth v. Ericson (Lawyers Weekly No. 11-050-14)
Affirmed convictions for soliciting child nudity and possessing harmful matter with intent to disseminate via text messages. Search warrant execution delay and seizure of defendant's images upheld.
Walker v. Collyer, et al. (Lawyers Weekly No. 11-051-14)
Nonsignatory physician cannot be compelled to arbitrate medical malpractice claim. Reversed and remanded. Gateway arbitrability question for court, not arbitrator. No exception to general rule requiring consent.
Silva-Santiago v. Commonwealth (Lawyers Weekly No. 11-049-14)
Reversal of murder conviction for prosecutorial misconduct does not automatically establish innocence under compensation statute when jury heard all evidence at trial.
Commonwealth v. Jackson (Lawyers Weekly No. 10-090-14)
Murder conviction affirmed; third motion for new trial properly denied where newly discovered evidence about witness inducement was cumulative and lacked material strength.
Commonwealth v. Rosa (Lawyers Weekly No. 10-089-14)
First-degree murder conviction affirmed where defendant participated in joint venture with two shooters, despite claiming lack of knowledge about firearms.
Commonwealth v. Figueroa (Lawyers Weekly No. 10-085-14)
Court reverses first-degree murder conviction due to erroneous jury instruction on deadlock; upholds warrantless search, showup identification, reasonable doubt instruction, and intoxication instruction.
Commonwealth v. DeJesus (Lawyers Weekly No. 10-086-14)
Defense counsel's advice that a noncitizen client faced "eligibility for deportation" was constitutionally deficient when the conviction would make deportation presumptively mandatory.
Commonwealth v. Sepheus (Lawyers Weekly No. 10-087-14)
Drug possession conviction reversed due to trial counsel's failure to strike improper expert testimony expressing opinion on defendant's guilt, but new trial permitted.
Sorenti Bros., Inc. v. Commonwealth (Lawyers Weekly No. 10-088-14)
Eminent domain damages for impairment of access require either statutory compliance or severe loss of reasonable access to the highway system.