Trial courts must follow the rules, too.

This was an appeal out of Jefferson County.  The gist of the underlying facts and history leading up to this appeal is this: this was a local code enforcement case that got out of control and resulted in contempt proceedings for both Clifford Null and his attorney, Kurt D. Mitchell. Originally, Null had been cited by way of two private … Read More

Sufficiency of Evidence and Probable Cause

Comm. v. Gorman, 2018 PA Super 73 (Mar. 28, 2018) This was an appeal out of Allegheny County.  Gorman proceeded to a bench trial on three charges: theft by unlawful taking, receiving stolen property, and misapplication of entrusted property.  The long-and-short of the evidence behind these charges was that Gorman, a long-time VFW member who operated the honor guard out … Read More

Missteps, Translators, and Exigencies

Comm. v. Giles, 2018 PA Super 63 (Mar. 20, 2018) This was an appeal out of Allegheny County.  Giles had been convicted by a jury of several sex offenses, prime among them being rape of a child.  The child testified at trial about her sexual interactions with Giles, and she was cross-examined on several points.   To rehabilitate the child’s … Read More