351 and 21 Pa. We affirm in part and reverse in part. Appellant was convicted of a third robbery and sentenced to twenty-five to fifty years' imprisonment. In bringing this challenge he argues that his sentence amounts to cruel and unusual punishment in violation of the eighth amendment to the United States Constitution and Article I, section 13 of the Constitution of Pennsylvania. Mental health review officers applied preponderance of the evidence standard, as opposed to clear and convincing standard.
Court holds the latter standard is required, reverses, and remands for further findings.
Charged with two counts of homicide by vehicle while DUI, two counts of homicide by vehicle, one count of DUI, two counts of involuntary manslaughter, two counts of aggravated assault by vehicle while DUI and two counts of third-degree murder. Now argues ineffective assistance of counsel and excessive sentence. Trial court affirmed. The instant appeal does not require us to decide whether thermographic results have gained sufficient scientific acceptance so as to be admissible under Frye . This appeal concerns the Shannons' claims of vicarious and corporate liability against HealthAmerica stemming from the premature delivery and subsequent death of their son.