MORTGAGE FORECLOSURE: Superior Court Holds that the Act 91 Notice Prescribed by Regulation is Defective; Residential Sheriff Sale is Set Aside for Lack of Jurisdiction.
On January 30, 2012, the Superior Court held that the Act 91 Notice promulgated by the Pennsylvania Housing Finance Agency does not contain an important statutory provision and that, as a result, the courts lack jurisdiction over residential mortgage foreclosures filed by lenders giving the defective notice.
Paterno’s Grand Jury Testimony Is Inadmissible at Trial.
No. 800 This is the 800th Post on Pittsburgh Legal Backtalk. Thanks for reading. Joe Paterno’s testimony before the grand jury corroborated Mike McQueary’s testimony that he reported activity of a sexual nature and not just horseplay. Paterno would have been an important prosecution witness in the trials of former PSU Athletic Director Tim Curley [...]
Do they still hang horse thieves in Texas?
No. 775 Everyone knows that Texas is just about the world champion in administering capital punishment. But do they hang horse thieves? There is a real case of serial horse theft and equicide pending in the Lone Star State. Improve your education on the subject by reading the Equine Law Blog.
Presumption of Innocence and Burden of Proof
No. 758 It bears remembering, at a time like this, that under our system of justice every person accused of a crime is presumed to be innocent until convicted in court by credible evidence. The finder of fact must conclude that guilt of a specific charge has been proven beyond a reasonable doubt in a [...]
No, Marty Griffin, Joe Paterno Does Not Owe You an Explanation.
KDKA talk host Marty Griffin has been demanding that Joe Paterno talk about the pending criminal prosecution against two Penn State officials to whom he reported the Sandusky matter. Griffin is always attempting to try every new case on his radio program. Obviously, it is highly improper for Paterno or anyone else who might give evidence in the case to participate in the KD Kangaroo Court or even talk to Judge Griffin about it. That is what real courts are for.
Warning: Use of Firearms May Hazardous to Your Health.
A Florida statute prohibiting a physician from asking about gun ownership was struck down by a US District Court recently. No kidding.
Pennsylvania District Court holds individual mandate provision of Patient Provision and Affordable Care Act unconstitutional.
The constitutionality of the individual mandate provision of the Patient Protection and Affordable Care Act under the Commerce Clause may come before the United States Supreme Court later this term. A District Court in Pennsylvania recently joined those holding the individual mandate unconstitutional, which means that the Third Circuit may get into the debate before the Supreme Court settled the split among the circuits.
Corporate Personhood
No. 680 Mitt Romney received catcalls when he rejected new corporate taxes (as opposed to individual taxes) on grounds that “corporations are people, too.” At least one media commentator pronounced this a gaffe. As a matter of fact, Romney was right. There is not a corporate entity in the world that is not owned by [...]
Poplawski Trial Begins After Two Years.
Considering the abundance of evidence, proving the case is not the problem. The problem is making the conviction stick without the case being sent back for a new trial on appeal. That is why the case will be tried before a jury selected in Dauphin County. There is too much at stake for the prosecution and the court to take that chance. And of course, the prosecution seeks not just a conviction for first degree murder, but the death penalty.
Don’t use Google Scholar, use Google Scholar Advanced Scholar Search.
No. 632 If you’ve been disappointed by Google Scholar for legal research, try the advanced version. It enables you to select jurisdictions, such as Third Circuit and Pennsylvania Courts. Once you find a case you like, click on the “How Cited” tab. Of course, there is no statute search, but you may be able to [...]
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