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Blog Posts in May, 2013

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  • Same Sex Marriage is Prohibited by Law in PA- How Does This Affect Same-Sex Adoptions?
    Same Sex Marriage is Prohibited by Law in PA- How Does This Affect Same-Sex Adoptions?

    Despite statutory language to the contrary that all same-sex marriages are prohibited in PA, same-sex couples may adopt . Same-sex marriages are void by statute in PA since 1996. However, they are ...

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  • Unrepresented Motorist Falls Prey to PADOT's Use of Evidentiary Rules on Appeal
    Unrepresented Motorist Falls Prey to PADOT's Use of Evidentiary Rules on Appeal

    License suspension appeal for failure to maintain financial responsiblity may be won by PADOT independent of "not guilty" verdict on underlying offense. In Pangallo v. DOT, Bureau of Driver Licensing, ...

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  • Ability to Pay Must Be Considered by Court in Making a Child Support Award
    Ability to Pay Must Be Considered by Court in Making a Child Support Award

    Calcuation of Net Income specifies that the court must consider a realistic ability to pay, not a theoretical one. In determining the earning capacity of a obligor (person making the payments) of a ...

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  • 'Sexting' Statute Declared Void for Vagueness
    'Sexting' Statute Declared Void for Vagueness

    A trial court in Lehigh County recently declared the Sexual Abuse of Children statute Constitutionally infirm as applied to a juvenile. In re C. S., 2012 Pa. Dist. & Cnty. Dec. LEXIS 403 (Pa. County ...

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  • SORNA Registration Requirements Held Non-Retroactive
    SORNA Registration Requirements Held Non-Retroactive

    Defendant's obligation to register under SORNA did not derive from the Act itself but from the administrative rule promulgated by the Attorney General. In a recent decision by the Federal Third ...

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  • The Federal Pardon Process
    The Federal Pardon Process

    The Federal pardon process applies only the federal convictions, convictions in the District of Columbia Superior Court, military court-martials . There is a difference between a pardon and an ...

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