11 results for 'judge:"Todd"'.
J. Todd finds that the lower court improperly dismissed a petition filed by a Philadelphia-area congregation of Jehovah’s Witnesses who asked whether its leading elders are required to report suspected child sexual abuse under the Child Protective Service Law. Dismissing the petition and its motion for summary relief violated the coordinate jurisdiction rule. Vacated.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: February 13, 2024, Case #: J-47-2023, Categories: Civil Procedure, Government, Jurisdiction
J. Todd finds that the lower court properly dismissed this case concerning defendant’s sentencing for sodomizing another child when he was 15 years old. Although the juvenile court previously denied defendant his right to be free from compulsory self-incrimination by considering his refusal to admit guilt for the criminal offenses, defendant is not entitled to a new juvenile certification hearing because he is now 27 years old and outside of the juvenile court’s jurisdiction. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: January 30, 2024, Case #: J-83-2022, Categories: Juvenile Law, Sentencing, Sex Offender
J. Todd finds that an appeals court properly approved a plan of rehabilitation for the Senior Health Insurance Company of Pennsylvania filed by the state’s insurance commissioner. There is significant harmony between the plan and the insurance laws of its regulators’ states: Maine, Massachusetts and Washington. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: January 29, 2024, Case #: J-54-2022, Categories: Civil Procedure, Insurance
J. Todd finds that the lower courts improperly relied primarily upon the marital couple’s multiple periods of separation in determining that the presumption of paternity of a child born prior to divorce proceedings was inapplicable. The marital couple’s separation prior to the filing of the paternity action does not necessarily preclude application of the presumption of paternity. Reversed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: January 29, 2024, Case #: J-61-2023, Categories: Civil Procedure, Guardianship
J. Todd finds that the superior court properly found that a bipolar, schizophrenic murderer cannot pursue this medical malpractice complaint seeking compensatory damages against his treating psychiatrist and health care providers, claiming that his criminal conduct was the result of his psychiatrist’s grossly negligent treatment. The “no felony conviction recovery” rule blocks the murderer from profiting off his own criminal conduct. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: November 24, 2023, Case #: J-8A-B-2023, Categories: Civil Procedure, Damages, Medical Malpractice
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J. Todd finds that the lower court properly found that Philadelphia did not unconstitutionally discriminate against interstate commerce by subjecting a Philadelphia resident who worked exclusively out of state to its wage tax. Philadelphia’s tax scheme is both internally and externally consistent and is not discriminatory against interstate commerce. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: November 24, 2023, Case #: J-5A-B-2023, Categories: Civil Procedure, Government, Tax
J. Todd finds that the lower court improperly ordered a pair of registered Republican voters to pay the counsel fees incurred by Michael Doyle, a candidate for the Republican nomination to represent Pennsylvania’s 12th Congressional District, because they objected to his having the correct number of signatures to run in the May 2022 primary election. The court abused its discretion in ordering the objectors to pay such fees. Reversed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: November 24, 2023, Case #: J-36-2023, Categories: Elections, Government, Attorney Fees
J. Todd finds that the lower court properly admitted a printed summary of potential gunshot data for a specific location, created by the computerized system “ShotSpotter,” into evidence in defendant's criminal prosecution for an assault where he allegedly fired four shots at a mother and daughter. The admission did not violate defendant's rights under the Confrontation Clause. Affirmed.
Court: Pennsylvania Superior Court, Judge: Todd, Filed On: November 16, 2023, Case #: J-12-2023, Categories: Confrontation, Firearms, Assault
J. Todd finds that the superior court properly held that a trial court lacks jurisdiction to correct a patent and obvious error in a sentencing order when when the correction request was filed outside the time limitations of the Post Conviction Relief Act. The time limitations bar the trial court from correcting the error. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: September 28, 2023, Case #: J-19-2023, Categories: Sentencing, Assault, Kidnapping
J. Todd finds that the superior court properly found that an orphans’ court improperly terminated a father’s parental rights to his child and subsequently considered an adoption by the child’s mother’s long-term partner. The mother failed to demonstrate proper evidence as to why she and her partner cannot marry. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: July 19, 2023, Case #: J-10-2023, Categories: Civil Procedure, Family Law, Guardianship