Click here to subscribe today or Login.
WILKES-BARRE — Song and spectacle greeted a three-judge panel of the Pennsylvania Superior Court at the Luzerne County Courthouse on Tuesday for a special two-day session expected to feature appeals of more than 30 cases from around the state.
Superior Court President Judge Emeritus Correale F. Stevens and judges Jacqueline O. Shogan and H. Geoffrey Moulton Jr. were welcomed by court and county officials, many of whom lauded the opportunity to bring one of the state’s two appellate courts to residents.
The other, the Commonwealth Court of Pennsylvania, made its first visit to the county last month.
“These judges will show what it means to be a public servant,” Luzerne County Manager C. David Pedri said of the Superior Court panel. “Luzerne County is honored and lucky for them to be here.”
The high court, which often takes its sessions on the road to provide an educational setting to communities, last visited the county in 2013, where it notably heard the appeal of convicted sex offender and former Penn State assistant football coach Jerry Sandusky.
The panel was excited to once again bring the justice system closer to the people of Luzerne County, Shogun said.
A performance of “The Star-Spangled Banner” by Wyoming Seminary’s Madrigal Singers and presentation of colors began the morning ceremony. It was followed by comments from Stevens, Shogan, Pedri, Young Lawyers’ Division chairperson Ana Mojahedi, and Luzerne County President Judge Richard M. Hughes III.
“It’s such a positive event to have the Superior Court here because so many people don’t get the opportunity to see what the appellate courts do,” Hughes said after the ceremony.
Formed in 1885, the court hears civil and criminal cases appealed directly from the Court of Common Pleas. Cases are typically heard by judges sitting in Philadelphia, Pittsburgh or Harrisburg, where the court is based.
Timed oral arguments in dozens of lower court cases from across the state will be heard through Wednesday. The panel will issue rulings on the matters at a later date.
“They’ll be very interesting sessions,” Hughes said.
Among the appeals scheduled for argument with Luzerne County ties is the case of former Hazleton mayoral candidate Sean Donahue, who appealed his conviction in Dauphin County Court for emailing threats to state employees. He was sentenced last year to two years on probation and a $100 fine on two counts of harassment.
On appeal, Donahue argued there was insufficient evidence to warrant his conviction. He also claimed the court erred in imposing two separate sentences under one statute.
Donahue was charged in a separate case for allegedly sending threatening emails to Luzerne County District Attorney Stefanie Salavantis in 2012. A visiting judge dismissed the case the following year, but a single count of terroristic threats was reinstated by the Superior Court on appeal.
A recent state Supreme Court ruling approved transfer of the charge to Northampton County Court.
Several other local appeals are on the list, including a claim by a former nursing student that Marywood University breached its contract by failing to provide a fully accredited nursing education.
Other cases include an assault against a police officer, a motion to suppress evidence of illegal drugs found during a traffic stop, custody disputes, and negligence against a ski resort where a skier crashed into a tree.
The hearings, held on the third floor of the courthouse in Courtroom 1, are open to the public.
