10 results for 'judge:"Colins"'.
J. Colins finds that the lower court properly dismissed Richmond Waterfront Industrial Park’s quiet title action for lack of subject matter jurisdiction. The federal Interstate Commerce Commission Termination Act gave the federal Surface Transportation Board with exclusive jurisdiction to decide issues involving the abandonment of railroad tracks on its property. Affirmed.
Court: Pennsylvania Superior Court, Judge: Colins, Filed On: March 25, 2024, Case #: J-A04035-24, Categories: Civil Procedure, Property, Jurisdiction
J. Colins finds that the lower court improperly awarded an $88,750 judgment entered in favor of an insured religious organization in this breach of contract and bad faith case against its insurance company arising from a computer hacking incident. The insurance company was entitled to judgment on both claims, as the loss in question did not exceed the relevant policy deductible. Vacated.
Court: Pennsylvania Superior Court, Judge: Colins, Filed On: January 9, 2024, Case #: J-A25032-23, Categories: Civil Procedure, Insurance, Contract
J. Colins finds that the lower court properly sentenced defendant to probation after a jury found him guilty of defiant trespass and the court found him guilty of disorderly conduct; both crimes related to his exhibiting aggressive behavior toward the manager of a smoke shop after being banned from the store. Defendant’s challenge of the trespass charge is moot because the manager asked him to leave the store five to 10 times upon his second entrance after defendant had already been ordered to leave earlier that day; such behavior fits the charge of defiant trespass. Affirmed.
Court: Pennsylvania Superior Court, Judge: Colins, Filed On: November 9, 2023, Case #: J-S35038-23, Categories: Criminal Procedure, Sentencing, Trespass
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J. Colins finds that the lower court properly sentenced defendant for possessing crack cocaine with intent to deliver and related charges. Defendant failed to contest that the police officer who pulled defendant over for a traffic stop had reasonable suspicion to search the vehicle after the initial confrontation. Affirmed.
Court: Pennsylvania Superior Court, Judge: Colins, Filed On: November 7, 2023, Case #: J-S29040-23, Categories: Drug Offender, Evidence, Search
J. Colins finds that the lower court properly convicted defendant of endangering his three-year-old daughter by driving under the influence of a controlled substance, Suboxone, while reading a text message. Defendant’s common sense would lead him to know that these actions would endanger his child. Affirmed.
Court: Pennsylvania Superior Court, Judge: Colins, Filed On: September 6, 2023, Case #: J-S08018-23, Categories: Evidence, Dui, Child Victims