Latest news with #PennsylvaniaSuperiorCourt
Yahoo
16-05-2025
- Yahoo
Former Somerset DA Jeff Thomas denied new trial by appeals court
SOMERSET COUNTY, Pa. (WTAJ) — A state appeals court has denied former Somerset County District Attorney Jeff Thomas's attempt for a new trial. A panel of three Pennsylvania Superior Court judges released a 25-page decision, in which they stated they side with the rulings made during Thomas's 2023 trial and conviction, saying they found his list of claims had 'no merit,' according to WTAJ media partners at The Tribune-Democrat. The decision affirms the sentence that was handed to Thomas in August 2023, which was up to seven years in prison on convictions of strangulation, unlawful restraint, criminal respass and indecent assault. Thomas was separately acquitted of sexual assault and aggravated indecent assault by jurors during the trial. The conviction stemmed from an encounter with a Windber woman when Thomas walked into her home in 2021 and, despite being told to stay away, groped and assaulted her before she fled upstairs. Several of the appeals focused on evidence that Thomas argued was improperly excluded from the trial and rulings related to the Rape Shield Law, which protects victims of sex crimes from having details and allegations about their pasts used to discredit them in court, except for certain instances in which that history involves the defendant. Judges wrote that it wasn't the case in Thomas's 2023 case. Thomas attempted to have cellphone messages that the woman sent to another person, in one instance, an article of her clothing, used as evidence, and was overruled by the trial judge. Superior Court Judges Deborah Kunselman, Megan Sullivan and Jill Beck said their review showed the trial court did not abuse its discretion regarding the shield law. In fact, the law exists in Pennsylvania to prevent the type of evidence that Thomas looked to offer, they wrote, saying that evidence would only 'inflame' jurors' minds with details of little relevance to the charges in question. The court also ruled against the argument that the evidence was not sufficient enough to convict him of criminal trespass in relation to the night of the attack, saying that just because Thomas had visited the home before didn't mean he had 'license' to walk in any time he felt like it. 'In this case, (the woman) plainly testified that Thomas was not licensed or privileged to enter her residence on the night in question and that he was aware that he was not welcome in her home,' Beck wrote in the panel's opinion, adding that evidence showed Thomas himself later admitted he was 'not supposed to be there.' The panel also sided with the trial court's rulings on unlawful restraint, noting that the evidence was presented to support Thomas's conviction. Thomas is currently serving his sentence at SCI-Waymart in Wayne County. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
17-04-2025
- Yahoo
Superior Court upholds sentence in Wilkes-Barre Township traffic stop case
Apr. 17—Believing a Luzerne County judge imposed an excessive and harsh sentence for illegally possessing a firearm, Adrian Scott's appeal was rejected by the Pennsylvania Superior Court on Thursday. Scott, 40, formerly of South Main Street, Hanover Township, was sentenced by Judge David W. Lupas on April 3, 2024, to five-to-10 years in state prison on the firearm offense, driving under the influence of marijuana and possession of a small amount of marijuana. Scott was charged when Wilkes-Barre Township police conducted a traffic stop on Highland Park Boulevard for driving a Jeep Cherokee with an expired New Jersey license late on Oct. 20, 2022, according to court records. During the traffic stop, police detected a strong odor of marijuana and found a Glock 9mm handgun inside the Jeep, court records say. Police further found, court records say, a magazine with 14 9mm rounds in Scott's pocket. Scott is prohibited from owning, possessing and carrying a firearm due to felony arson, burglary and assault convictions in New York. In his appeal, Scott claimed his convictions in New York were more than 20 years ago and were wrongly considered when Lupas imposed the sentence in April 2024, and his acceptance of responsibility by pleading guilty and cooperation with police officers were ignored. A three-member panel of the Superior Court called Lupas' sentence, "sound." "(Lupas) evaluated (Scott's) criminal history and stated that issuing a term of imprisonment within the standard sentencing range was necessary to protect the public and rehabilitate (Scott)," the appellate court ruled in an eight page opinion.
Yahoo
10-04-2025
- Politics
- Yahoo
These are the candidates on ballots for the 2025 primary in Franklin County
Another election is right around the corner; the municipal primary is on May 20. Local offices are up for election: election boards, school boards, township supervisors, borough councils, mayors, township auditors, tax collectors and county treasurer. One magisterial district justice is also up for election. Pennsylvania Superior Court and Commonwealth Court judgeships will also be on the ballot. In Pennsylvania, only voters registered with the Republican or Democratic parties can vote in primary elections. Top vote-getters in the primary will move ahead to the general election in November, but many races will be effectively decided in the primary. The deadline to register to vote in the primary is May 5. Citizens who want to vote by mail-in or absentee ballot must request their ballot no later than May 13; however, May is the "suggested" date, according to Franklin County has 73 voting precincts. Find out which one is yours using the Department of State's polling place locator. You can also check out voting ward information and sample ballots at A school board is the governing body for a school district. School directors are elected to four-year terms. Some boards are elected at-large, others are by district. School board candidates can cross-file. Incumbents are marked with an (i). Chambersburg Area School District Find the region breakdown at Region 1: Faye H. Gaugler (D/R), John J. Patterson (D) Region 3: Sherian M. Diller (D/R) (i) Region 4: Amy Weibley (D/R), Gary Piper (R) Region 6: Edward Norcross (D/R) (i) Fannett-Metal School District: Jordan P. Hurrell (D/R)(i), Lauren McCartney (D/R) Greencastle-Antrim School District: Amber L. Rephann, (R)(i) (two-year), Shannon Dunkle (R) (two-year), Doug Shatzer (R)(i), Janon R. Gray (R)(i), Eileen Dickinson (R)(i), Rich Davis (R)(i) Tuscarora School District: Jack J. Hawbaker (D/R), Kevin R. Hoffman (D/R)(i), Devin Rotz (D/R), MarySue Hartman (R)(i), Erich E. Hawbaker (R)(i) Waynesboro Area School District North End: Kimberly Miles (D) Borough: Bradley A. Kiracofe (R) Shane Harkins (R) Washington Township: Steven L. McRae (R), Lindsay Weaver (R) Shippensburg Area School District: Becky Wolfinger (D/R) (there are additional candidates in Cumberland County) The governing bodies for boroughs, borough councils are elected at-large or by district. Members are elected to four-year terms. Chambersburg Borough Council: Ward 1: Allen B. Coffman, R (i); David R. Wilson, D Ward 2: Tom Newcomer, R (i), and Austin Rosenbaum, R; Shannon M. Jackson, D Ward 3: Dominique Brown, R (i); Curtis Shoup, D Ward 4 (two-year term): Jamie Boden, R (I) Ward 4: Stacey Short, R (i) Lucinda Butler, D Ward 5: Weston Waytow, R (i); Andrew Kilbride, D Greencastle Borough Council: Wade G. Burkholder, D (i); Cameron Schroy, D (i); Gavin Cramer, D; Duane Kinzer, R; Albert Miller, R (i) Mercersburg Borough Council: Tobey Banks, R; Jacob Morgan, R and D (i); Donald E. Stoner Jr., R (i) Mont Alto Borough Council: Donna Henderson, R, and Carla Bumbaugh, R; Pauline A. Bake, D Waynesboro Borough Council Ward 1: Todd Blake, R, and Janeen McChesney, R Ward 2: Brandon Boldyga, R, and Ascohi Helman, R Ward 3: Randy Schriver, R Chambersburg: Kenneth C. Hock (R)(i); John A. Scott III (D) Greencastle: Ben F. Thomas Jr. (R)(i) Mercersburg: Michael Pedersen (D)(i) Waynesboro: Dade Royer (R) and Douglas R. Corranza (R) Antrim Township: Jaysen Cochran (R) Fannett Township: Terry Crouse (R) Greene Township: Shawn Corwell (R) Guilford Township: Gregory R. Thomas (R) Hamilton Township: Russell Lake (R), Jeff Rockwell (R) Letterkenny: Ross Peterson Jr. (R) Lurgan Township: Brian Zimmerman (R), Bruce Adams (R) Montgomery Township: Gregory A. Weller (R) Peters Township: Marshall Stuff (R) Quincy Township: Ricahrd M. Wagaman (R), Alan Peck (R) St. Thomas Township: Randy Shindle (R) Southampton Township: Randy Brenize (R) Washington Township: Barb McCracken (R), C. Stewart McCleaf (R), Magisterial district judges' responsibilities include adjudicating citations, processing criminal arraignments and preliminary hearings, and handling civil and landlord tenant complaints up to $12,000 and parking violations. They serve six-year terms. The only court up for election serves the Borough of Orrstown, Borough of Shippensburg (West End), Greene Township, Southampton Township. Kristin Diller Nicklas (D/R)(i) The Franklin County Treasurer acts as the primary agent on behalf of the Commonwealth of Pennsylvania for the sale of certain licenses and permits. It is a four-year term. Lisa Helm (R) Brenda Hill, R, Chambersburg Ronald G. Strite, R, Mont Alto Wendy S. Wenger, R, Letterkenny Township Kara Geesaman, R, Waynesboro Kristine Crawford, R, Guilford Township Ashley Shaffer, R, Antrim Township tax collector Stacey A. Brady, R, Metal Township tax collector Donald L. Ambrose, R, Washington Township Debbie J. Gift, R, Quincy Township Allison Flannery, R, Antrim Township Tami Smith, R, Warren Township Mary Bock, R, Greencastle Denise Garnes, R, Peters Township Carol Kerstetter, R, Fannett Township-Concord Ellen Forrester, R, Lurgan Township Derek Hine, R, Washington Township Lindsay Loney, R, Greene Township Donna K. Poe, R, St. Thomas Andrea L. Thompson, R, Southampton Township Sage Brady, R, Hamilton Township Auditors are elected to six-year terms. Donna North, R, Fannett Township Abigail B. Kick, R, Greene Township Melissa M. McFadden, R, Montgomery Township Matthew Toney, R, Quincy Township (four-year term) Joshua G. Peters, R, Quincy Township Mark E. Henicle, R, Washington Township Election judges and inspectors are the people who run the election at each polling place. They are electeed to four-year terms. Candidates are grouped by municipality below. Jaysen Cochran, R, Antrim Township 2, judge of election Darrell Kim Miller, R, Antrim Township 2, inspector of election Michelle L. Beaver, R, Antrim Township 5, judge of election Robin Harmon, R, Chambersburg 5-2, judge of election Scott M. Finley, R, Chambersburg 1-1, judge of election David W. Jones, R, Chambersburg 3-1, judge of election Sharon L. Coffman, R, Chambersburg 1-2, judge of elections Karen Sue Weaver, D, Chambersburg 5-1, judge of election Patricia Dolaway, D, Chambersburg 5-1, inspector of election Dorothy Malinowski, D, Chambersburg 3-1, judge of election Michael J. Meier, D, Chambersburg 2-2, inspector of election Robert K. Dickson, D, Chambersburg 1-2, judge of election Alice Elia, D, Chambersburg 1-2, inspector of election Sandra H,. Greenawalt, R, Fannett-Sulphur Springs, inspector of election Marlene K. Shearer, R, Fannett Township-Dry Run, judge of election Connie Coons, R, Fannett Township-Dry Run, inspector of election Sandra L. Umbrell, D, Fannett Township-Sulphur Springs, inspector of election Sheryl A. Burdge, D, Fannett Township-Sulphur Springs, judge of election Vickie Howe, R, Greene Township 2, judge of election Carol J. McCoy, R, Greene Township 2, inspector of election Terry Putt, R, Greene Township 1, judge of election Dwight Weidman, R, Greene Township 4, judge of election Marilee Putt, R, Greene Township 1, inspector of election Rita B. Duke, R, Guilford Township 3, inspector of election Cindy L. Helmquist, R, Guilford 3, judge of election Paul S. Andre, R, Guilford Township 2, inspector of election Patricia M. Brookens, R, Guilford Township 1, judge of election John Bugnosky, R, Guilford Township 2, judge of election Nancy B. Carson, R, Guilford Township 6, judge of election JoAnn Whitmore, R, Guilford Township 6, inspector of election Delmar David Burridge, D, Guilford Township 2, inspector of election Barry L. Purvis, D, Guilford Township 3, inspector of election Hannah Ehrhart, D, Guilford Township 6, inspector of election Penny L. Vaughn, R, Hamilton Township 2, inspector of election Carolyn Allison, R, Hamilton Township 2, judge of election Annette (Nettie) Blowers-Ogg, R, Hamilton Township 3, judge of election Tina Briggs, D, Letterkenny Township 1, inspector of election Joanne George, R, Letterkenny Township 1, judge of election Diane Boyd, R, Lurgan Township, inspector of election Judy Wilson, R,, Lurgan Township, judge of election Kimberly Rotz, R, Metal Township 2, inspector of election Susana Duff, R, Metal Township 1, inspector of election Wendy Herbert, D, Metal Township 1, judge of election Linda Wolfe, D, Mont Alto, inspector of election Frank J. Kocek, R, Mont Alto, judge of election Michael P. Newman, R, Montgomery Township 1, inspector of election James A. Murphy, R, Montgomery Township 1, judge of election Jerry J. Warnement, R, Letterkenny Township 2, judge of election Beverly S. Weller, R, Montgomery Township 3, inspector of election Gregory A. Weller, R, Montgomery Township 3, judge of election Brenda M. Anderson, R, Peters Township 2 inspector of election Lisa G. Mellott, R, Peters Township 2, judge of election Marion C. Gocella, Peters Township 3 inspector of election Michael Stevenson, R, Peters Township 2 judge of election Sherrie D. Mellott, R, Peters Township 3, inspector of election Sally A. Bayman, R, Quincy Township 3, judge of election Debra Kennedy, R, Quincy Township 1, judge of election Debra Kahl, R, Quincy Township 1, inspector of election TiDeana Clevenger, R, Quincy Township 2, judge of election Roxanne L. Cauffman, R, Quincy Township 2, inspector of election Alexandria Butler, D, Quincy Township 1, judge of election Julie Mentzer, D, Quincy Township 2, inspector of election Fran Britsch, D, Quincy Township 3, inspector of election Catherine M. Campbell, R, Southampton Township-East, judge of election Cathy M. Parson, R, Southampton Township-East, inspector of election Tami Smith, R, Warren Township, judge of election Melinda Ralston, R, Washington Township 4, inspector of election Linda M. Wilson, R, Washington Township 3, inspector of election Carlene Willhide, R, Washington Township 3, judge of election Judith Reitz, R, Washington Township 4, judge of election Eric L. Reitz, R, Washington Township 4, inspector of election Mary S. Brennan, R, Washington Township 1, judge of election Greg Duffey, R, Washington Township 5, inspector of election Wayne S. Martz, R, Washington Township 5, judge of election Steven L. McRae, R, Washington Township 2, inspector of election Garrett Blanchet, D, Washington Township 5, inspector of election John W. Kelley, R, Waynesboro 1-2, judge of election Patrick E. Fleagle, R, Waynesboro 2-3, judge of election Gary Pentz, R, Waynesboro 3-2, inspector of election Fern B. McCloud, R, Waynesboro judge of election This article originally appeared on Chambersburg Public Opinion: Pa. 2025 primary: Candidates for local offices in Franklin County
Yahoo
07-04-2025
- Yahoo
Appeals court upholds child sex conviction for Wilkes-Barre man
Apr. 7—A panel of the Pennsylvania Superior Court upheld the conviction and decades long sentence for a Wilkes-Barre man who was found guilty by a Luzerne County jury of raping a girl in 2020 and 2021. Bryan Nee, 35, challenged evidence allowed by Judge David W. Lupas to be used during the trial related to the girl's forensic interview and medical examine at the Luzerne County Children's Advocacy Center. Nee, in his appeal, claimed the testimony by a forensic interviewer was "hearsay," and evidence presented during the three day trial held in January 2023, was insufficient to convict him of rape of a child and unlawful contact with a minor. The three member panel of the Superior Court in a nine-page opinion rejected Nee's appeal citing Lupas correctly allowed the nurse practitioner and forensic interviewer to testify under the state's Tender Year's Doctrine. After Nee was convicted, Lupas sentenced Nee to to 20 to 40 years in state prison and was deemed a sexually violent predator subject to lifetime registration under the state's Sexual Offender Registration and Notification Act. During the trial, Assistant District Attorney Carly Levandoski and former assistant district attorney John Carroll relied on Nee being diagnosed with having oral HSV-1 and genital HSV-2 herpes and the testimony of a nurse practitioner who treated the girl. The girl, then 5, was diagnosed as having genital herpes when her mother took her to an urgent care facility believing the child had a rash. During the forensic interview, which a recording was played to the jury, the girl told the interviewer Nee took baths with her and told her to keep it a secret. Levandoski during the trial told the jury a girl at 5-years-old should not have a sexually transmitted disease and should not know certain body parts.
Yahoo
20-03-2025
- Politics
- Yahoo
Pennsylvania lawmaker names bill after teen who died in school van accident
PENNSYLVANIA (WTAJ) — A Representative announced plans to introduce legislation that would change the Fair Share Act in the Commonwealth. The bill, authored by Rep. Andrew Kuzma, has been named 'Samantha's Law' in dedication to Samantha Kalkbrenner, a fifteen-year-old student of Allegheny County who was killed while traveling in a school passenger van. The van that Kalkbrenner was riding in was hit by a racing driver. 'My bill will ensure that this finding is enshrined into the Fair Share Act so that any ambiguity on the question is eliminated,' Kuzma wrote. 'This will make the law more fair for plaintiffs seeking to recover damages when they are in no way at fault and remedy any potential legal confusion for courts.' Kuzma's legislation would codify the recent Pennsylvania Superior Court decision in Spencer vs. Johnson, which held that the defendants are held joint and severally liable for all damages when a plaintiff, such as Klakbrenner on the school van, is 0% negligent. Under the current law, the Fair Share Act does not address any share of an award, such as money, if a plaintiff is 0% negligent. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
