Richard T. Brown, Jr.

Attorney and counsellor at law

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Interesting cases

Commonwealth v. Cain, 2011 Pa. Super. Ct. 171 (Aug. 12, 2011) (remanding for hearing about trial judge being investigated by same district attorney's office as was prosecuting client) (Commonwealth has petitioned for review).  http://www.pacourts.us/OpPosting/Superior/out/A15013_11.pdf

Commonwealth v. Carter, 2011 Pa. Super. Ct. 113 (May 26, 2011) (remanding for hearing about prior counsel's failure to consult client about appellate rights).  http://www.pacourts.us/OpPosting/Superior/out/s22021_11.pdf

Dooner v. DiDonato, 971 A.2d 1187 (Pa. 2009) (reversed intermediate court, affirmed trial court, and held that Securities Exchange Act of 1934 does not preempt Pennsylvania tort claim against Philadelphia Stock Exchange), J. aff'd on remand on all other grounds, no. 1841 EDA 2006 (Pa. Super. Ct. Jan. 19, 2010).  http://www.pacourts.us/OpPosting/Supreme/out/J-154-2008mo.pdf

Commonwealth v. Wood, 833 A.2d 740 (Pa. Super. Ct. 2003) (en banc) (reversing conviction for underage drinking because police conducting bar raid had no authority to require detained client to answer incriminating questions, yet did so anyway), aff'd, 862 A.2d 589 (Pa. 2004).  http://www.pacourts.us/OpPosting/Superior/out/e01004_03.pdf

Mager v. Bultena, 797 A.2d 948 (Pa. Super. Ct.) (where clients had been represented by other counsel at trial, appellate court reversed judgment against my clients because Pennsylvania law limits discharged attorneys' quantum meruit claim to hourly rate (not fraction of recovery)), reh'g den., alloc. den. (Pa. 2002).  http://www.pacourts.us/OpPosting/Superior/out/a13016_01.pdf

Commonwealth v. Dellavecchia, 725 A.2d 186 (Pa. Super. Ct. 1998) (en banc) (client's aggravated assault conviction reversed by 8-1 vote after same panel had first voted 9-0 to affirm).  This is an example of how the law changes -- this case is still good law regarding the most serious kind of aggravated assault ("F-1"), but there is now a different level of aggravated assault ("F-2") that specifically covers the kind of drunk driving alleged in this case.  http://www.pacourts.us/OpPosting/Superior/out/e01001.pdf

In re TOC Assocs., 1993 WL 276993 (E.D. Pa. July 13, 1993) (district court granted client's motion to dismiss appeals from plan confirmation orders where plans had been substantially consummated and no stay had been granted).

Pyramid Technology Corp. v. Cook (In re Cook), 146 B.R. 934 (Bankr. E.D. Pa. 1992) (client brought successful adversary proceeding to deny discharge to debtor who failed to explain loss of assets).

To illustrate my disclaimer that I cannot guarantee victory, I include a few cases that did not ultimately get my clients the relief they sought, but they did contain interesting issues:

Commonwealth v. Jackson, 875 A.2d 388 (Pa. Super. Ct. 2005) (reversing resisting arrest conviction because underlying crime of gambling requires evidence of money at risk [police officer saw dice game but no money]), rev'd, 592 Pa. 232, 924 A.2d 618 (2007).

Commonwealth v. Sloan, 589 Pa. 15, 907 A.2d 460 (2006) (use of petition for review procedure to challenge imposition of conditions on defendant eligible for "immediate release on nominal bail").

United States v. Hunte, 193 F.3d 173 (3d Cir. 1999) (federal anti-gratuity statute does not apply to prosecutor's recommendation of leniency), cert. den., 120 S.Ct. 962 (2000).