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  • Commentaries
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Pennsylvania Case Commentaries

Judicial Gatekeeping of Kinship Care Participation in Pennsylvania Dependency Proceedings: Commentary on the 2025 Amendments to Pa.R.J.C.P. 1241, 1242, 1501, 1514, 1601, and 1608

Judicial Gatekeeping of Kinship Care Participation in Pennsylvania Dependency Proceedings: Commentary on the 2025 Amendments to Pa.R.J.C.P. 1241, 1242, 1501, 1514, 1601, and 1608

Date: Dec 2, 2025
Judicial Gatekeeping of Kinship Care Participation in Pennsylvania Dependency Proceedings Commentary on the 2025 Amendments to Pa.R.J.C.P. 1241, 1242, 1501, 1514, 1601, and 1608 I. Introduction The...
Reaffirming Mandatory CLE and Administrative Suspension under Pa.R.C.L.E. 111(b)

Reaffirming Mandatory CLE and Administrative Suspension under Pa.R.C.L.E. 111(b)

Date: Nov 21, 2025
Reaffirming Mandatory CLE and Administrative Suspension under Pa.R.C.L.E. 111(b) I. Introduction On November 19, 2025, the Supreme Court of Pennsylvania issued an order titled “Attorneys...
“Any Person” Includes High Public Officials: Justice Dougherty’s Dissent on the Waiver of Official Immunity under Pennsylvania’s Wiretap Act

“Any Person” Includes High Public Officials: Justice Dougherty’s Dissent on the Waiver of Official Immunity under Pennsylvania’s Wiretap Act

Date: Nov 20, 2025
“Any Person” Includes High Public Officials: Justice Dougherty’s Dissent on the Waiver of Official Immunity under Pennsylvania’s Wiretap Act I. Introduction This commentary examines Justice Kevin...
Commonwealth v. Blakeney: No Public-Record Presumption in PCRA “Unknown Fact” Exception and Reasonable Diligence in Juror-Nondisclosure Claims

Commonwealth v. Blakeney: No Public-Record Presumption in PCRA “Unknown Fact” Exception and Reasonable Diligence in Juror-Nondisclosure Claims

Date: Nov 7, 2025
Commonwealth v. Blakeney: No Public-Record Presumption in PCRA “Unknown Fact” Exception and Reasonable Diligence in Juror-Nondisclosure Claims Introduction In Commonwealth v. Blakeney (Pa. Nov. 5,...
Plain Meaning Over “Spirit”: Pennsylvania High Court Bars ARD Revocation for Pre‑Admission Conduct or Implied Conditions

Plain Meaning Over “Spirit”: Pennsylvania High Court Bars ARD Revocation for Pre‑Admission Conduct or Implied Conditions

Date: Oct 30, 2025
Plain Meaning Over “Spirit”: Pennsylvania High Court Bars ARD Revocation for Pre‑Admission Conduct or Implied Conditions Introduction In Commonwealth v. Jenkins, the Supreme Court of Pennsylvania...
Pennsylvania Supreme Court Confirms Home Inspection Law’s One‑Year Period Is a Statute of Repose Triggered by Report Delivery (Gidor v. Mangus)

Pennsylvania Supreme Court Confirms Home Inspection Law’s One‑Year Period Is a Statute of Repose Triggered by Report Delivery (Gidor v. Mangus)

Date: Oct 30, 2025
Pennsylvania Supreme Court Confirms Home Inspection Law’s One‑Year Period Is a Statute of Repose Triggered by Report Delivery Case: Gidor v. Mangus (Supreme Court of Pennsylvania, Western District,...
Pennsylvania Supreme Court Broadens MHPA Immunity to All Care During MHPA Admissions; Dissent Would Limit Immunity to Care That Facilitates Recovery from Mental Illness

Pennsylvania Supreme Court Broadens MHPA Immunity to All Care During MHPA Admissions; Dissent Would Limit Immunity to Care That Facilitates Recovery from Mental Illness

Date: Oct 30, 2025
Pennsylvania Supreme Court Broadens MHPA Immunity to All Care During MHPA Admissions; Dissent Would Limit Immunity to Care That Facilitates Recovery from Mental Illness Introduction In Wunderly v....
No Precedent Set: Justice Wecht’s Dissent Urges Individualized Suspicion for Flight Plus Proximity to Marijuana Under Article I, Section 8

No Precedent Set: Justice Wecht’s Dissent Urges Individualized Suspicion for Flight Plus Proximity to Marijuana Under Article I, Section 8

Date: Oct 16, 2025
No Precedent Set: Justice Wecht’s Dissent Urges Individualized Suspicion for Flight Plus Proximity to Marijuana Under Article I, Section 8 Introduction In Commonwealth v. Coles, E., Aplt., the...
No Agency-Made Privileges: Pennsylvania Supreme Court Holds 37 Pa. Code § 61.2 Does Not Create an Evidentiary Privilege

No Agency-Made Privileges: Pennsylvania Supreme Court Holds 37 Pa. Code § 61.2 Does Not Create an Evidentiary Privilege

Date: Oct 10, 2025
No Agency-Made Privileges: Pennsylvania Supreme Court Holds 37 Pa. Code § 61.2 Does Not Create an Evidentiary Privilege Introduction In Toland v. Pennsylvania Board of Probation and Parole (Pa....
Section 9760(1) Requires Credit to the New Sentence for Pre‑Sentence Custody on a Probation Detainer When the Detainer Is Based on the Same Conduct as the New Charge: Commonwealth v. Phillips (Pa. 2025)

Section 9760(1) Requires Credit to the New Sentence for Pre‑Sentence Custody on a Probation Detainer When the Detainer Is Based on the Same Conduct as the New Charge: Commonwealth v. Phillips (Pa. 2025)

Date: Oct 2, 2025
Section 9760(1) Requires Credit to the New Sentence for Pre‑Sentence Custody on a Probation Detainer When the Detainer Is Based on the Same Conduct as the New Charge Commentary on Commonwealth v....
Conduct-Based Time Credit Under 42 Pa.C.S. § 9760(1): Pre‑Sentence Custody on a Probation Detainer Triggered by New‑Charge Conduct Must Be Credited to the New Sentence

Conduct-Based Time Credit Under 42 Pa.C.S. § 9760(1): Pre‑Sentence Custody on a Probation Detainer Triggered by New‑Charge Conduct Must Be Credited to the New Sentence

Date: Oct 2, 2025
Conduct-Based Time Credit Under 42 Pa.C.S. § 9760(1): Pre‑Sentence Custody on a Probation Detainer Triggered by New‑Charge Conduct Must Be Credited to the New Sentence Case: Commonwealth v. Phillips,...
Commonwealth v. Lewis: Pennsylvania Supreme Court Retains “High‑Crime Area” as a Terry Factor, Offers Non‑Mandatory Guideposts; Justice Wecht Urges Its Abandonment Under Article I, Section 8

Commonwealth v. Lewis: Pennsylvania Supreme Court Retains “High‑Crime Area” as a Terry Factor, Offers Non‑Mandatory Guideposts; Justice Wecht Urges Its Abandonment Under Article I, Section 8

Date: Sep 27, 2025
Commonwealth v. Lewis: Pennsylvania Supreme Court Retains “High‑Crime Area” as a Terry Factor, Offers Non‑Mandatory Guideposts; Justice Wecht Urges Its Abandonment Under Article I, Section 8 Court:...
Post-Strunk Application of §6318: Verbal Pre‑Assault Commands as “Communication” — Justice Mundy’s Concurrence/Dissent in Commonwealth v. Smith (Pa. 2025)

Post-Strunk Application of §6318: Verbal Pre‑Assault Commands as “Communication” — Justice Mundy’s Concurrence/Dissent in Commonwealth v. Smith (Pa. 2025)

Date: Sep 27, 2025
Post-Strunk Application of §6318: Verbal Pre‑Assault Commands as “Communication” — Justice Mundy’s Concurrence/Dissent in Commonwealth v. Smith (Pa. 2025) Introduction This commentary examines...
Post-Strunk Application of 18 Pa.C.S. § 6318: Verbal Commands as “Communication” for Unlawful Contact with a Minor — Justice Mundy’s Concurrence/Dissent in Commonwealth v. Smith

Post-Strunk Application of 18 Pa.C.S. § 6318: Verbal Commands as “Communication” for Unlawful Contact with a Minor — Justice Mundy’s Concurrence/Dissent in Commonwealth v. Smith

Date: Sep 27, 2025
Post-Strunk Application of 18 Pa.C.S. § 6318: Verbal Commands as “Communication” for Unlawful Contact with a Minor — Justice Mundy’s Concurrence/Dissent in Commonwealth v. Smith Introduction In...
Context Over Text: Pennsylvania Supreme Court Upholds DOH’s Two‑Lab Testing Rule Under the Medical Marijuana Act (Wecht, J., dissenting)

Context Over Text: Pennsylvania Supreme Court Upholds DOH’s Two‑Lab Testing Rule Under the Medical Marijuana Act (Wecht, J., dissenting)

Date: Sep 27, 2025
Context Over Text: Pennsylvania Supreme Court Upholds DOH’s Two‑Lab Testing Rule Under the Medical Marijuana Act (Wecht, J., dissenting) Introduction In Green Analytics North, LLC v. Department of...
Limiting “Other Person Under the Tenant’s Control” to the Initial Invitation Onto the Premises: Justice Wecht’s Dissent in Housing Authority of the City of Pittsburgh v. Nash

Limiting “Other Person Under the Tenant’s Control” to the Initial Invitation Onto the Premises: Justice Wecht’s Dissent in Housing Authority of the City of Pittsburgh v. Nash

Date: Sep 27, 2025
Limiting “Other Person Under the Tenant’s Control” to the Initial Invitation Onto the Premises: Justice Wecht’s Dissent in Housing Authority of the City of Pittsburgh v. Nash Introduction This...
On‑Bill Billing and the Limits of Section 1502: Pennsylvania Supreme Court Holds Non‑Electric Add‑Ons Fall Outside “Service”; Scope of “All Electric Services” Reserved

On‑Bill Billing and the Limits of Section 1502: Pennsylvania Supreme Court Holds Non‑Electric Add‑Ons Fall Outside “Service”; Scope of “All Electric Services” Reserved

Date: Sep 27, 2025
On‑Bill Billing and the Limits of Section 1502: Pennsylvania Supreme Court Holds Non‑Electric Add‑Ons Fall Outside “Service”; Scope of “All Electric Services” Reserved Introduction In Interstate Gas...
Uniformity in Effect, Not Form: Denial of Local Tax Credits to Nonresidents Renders Pittsburgh’s Facility Fee Unconstitutional under Pennsylvania’s Uniformity Clause

Uniformity in Effect, Not Form: Denial of Local Tax Credits to Nonresidents Renders Pittsburgh’s Facility Fee Unconstitutional under Pennsylvania’s Uniformity Clause

Date: Sep 27, 2025
Uniformity in Effect, Not Form: Denial of Local Tax Credits to Nonresidents Renders Pittsburgh’s Facility Fee Unconstitutional under Pennsylvania’s Uniformity Clause Introduction In National Hockey...
Tranter v. Z&D Tour: Pennsylvania High Court Rejects “Key Witness” Requirement and Articulates a 100‑Mile Benchmark in Forum Non Conveniens Analysis

Tranter v. Z&D Tour: Pennsylvania High Court Rejects “Key Witness” Requirement and Articulates a 100‑Mile Benchmark in Forum Non Conveniens Analysis

Date: Sep 27, 2025
Tranter v. Z&D Tour: Pennsylvania High Court Rejects “Key Witness” Requirement and Articulates a 100‑Mile Benchmark in Forum Non Conveniens Analysis Introduction In a set of consolidated appeals...
SURE-Based Email Notifications and Accurate Coding as Pennsylvania’s Minimum Statewide Process for Defective Mail‑In Ballots

SURE-Based Email Notifications and Accurate Coding as Pennsylvania’s Minimum Statewide Process for Defective Mail‑In Ballots

Date: Sep 27, 2025
SURE-Based Email Notifications and Accurate Coding as Pennsylvania’s Minimum Statewide Process for Defective Mail‑In Ballots Introduction In Center for Coalfield Justice v. Washington County Board of...
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