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Pennsylvania Case Commentaries

Human Oversight and Secured-Only Systems: Pennsylvania Supreme Court’s Interim Framework for Judicial Use of Generative AI

Human Oversight and Secured-Only Systems: Pennsylvania Supreme Court’s Interim Framework for Judicial Use of Generative AI

Date: Sep 10, 2025
Human Oversight and Secured-Only Systems: Pennsylvania Supreme Court’s Interim Framework for Judicial Use of Generative AI Introduction On September 9, 2025, the Supreme Court of Pennsylvania issued...
“Written-Consent Rule” for Reinstated Bail:  Commonwealth v. Rondon (Pa. 2025)

“Written-Consent Rule” for Reinstated Bail: Commonwealth v. Rondon (Pa. 2025)

Date: Aug 25, 2025
“Written-Consent Rule” for Reinstated Bail Commonwealth v. Rondon, 294 A.3d ___ (Pa. 2025) 1. Introduction Supreme Court of Pennsylvania (Middle District) — Decided 19 Aug 2025 Majority: McCaffery,...
Commonwealth v. Walker (2025): Re-defining the Limits of Voir Dire Questions on Legal Principles in Pennsylvania

Commonwealth v. Walker (2025): Re-defining the Limits of Voir Dire Questions on Legal Principles in Pennsylvania

Date: Aug 25, 2025
Commonwealth v. Walker (Pa. 2025): Re-defining the Limits of Voir Dire Questions on Legal Principles Introduction In Commonwealth v. Walker, the Supreme Court of Pennsylvania—Western...
“No Unity Destroyed, No Severance Achieved” – The Pennsylvania Supreme Court Rejects Self-Conveyance as a Means of Terminating Joint Tenancy

“No Unity Destroyed, No Severance Achieved” – The Pennsylvania Supreme Court Rejects Self-Conveyance as a Means of Terminating Joint Tenancy

Date: Aug 25, 2025
“No Unity Destroyed, No Severance Achieved” – The Pennsylvania Supreme Court Rejects Self-Conveyance as a Means of Terminating Joint Tenancy 1. Introduction Grant v. Grant (Pa. 2025) tackles a...
Defining Agency Records in the Social-Media Age: The “Penncrest Factors” under Pennsylvania’s Right-to-Know Law

Defining Agency Records in the Social-Media Age: The “Penncrest Factors” under Pennsylvania’s Right-to-Know Law

Date: Aug 25, 2025
Defining Agency Records in the Social-Media Age: The “Penncrest Factors” under Pennsylvania’s Right-to-Know Law 1. Introduction Penncrest School District v. Cagle is the Pennsylvania Supreme Court’s...
Supreme Court Clarifies Due-Process Safeguards in Administrative Attorney Suspensions Under Pa.R.D.E. 219

Supreme Court Clarifies Due-Process Safeguards in Administrative Attorney Suspensions Under Pa.R.D.E. 219

Date: Aug 18, 2025
Supreme Court Clarifies Due-Process Safeguards in Administrative Attorney Suspensions Under Pa.R.D.E. 219 1. Introduction On 13 August 2025 the Supreme Court of Pennsylvania issued an order entitled...
Registration Alone Does Not Defeat Privacy – A Commentary on Commonwealth v. Anderson (Pa. 2025)

Registration Alone Does Not Defeat Privacy – A Commentary on Commonwealth v. Anderson (Pa. 2025)

Date: Jul 24, 2025
Registration Alone Does Not Defeat Privacy The Pennsylvania Supreme Court Clarifies the Commonwealth’s Initial Burden in Vehicle-Search Suppression Hearings Introduction In Commonwealth v. Anderson,...
“ARD Counts, Conviction Doesn’t”: Supreme Court of Pennsylvania Upholds Use of ARD as a “Prior Offense” for Civil License Suspensions

“ARD Counts, Conviction Doesn’t”: Supreme Court of Pennsylvania Upholds Use of ARD as a “Prior Offense” for Civil License Suspensions

Date: Jul 23, 2025
“ARD Counts, Conviction Doesn’t” – Commentary on Ferguson v. PennDOT, Bureau of Driver Licensing (Pa. 2025) 1. Introduction This commentary examines the Supreme Court of Pennsylvania’s decision in...
Automatic Administrative Suspension for CLE Non-Compliance – A New Phase in Pa.R.C.L.E. 111(b) Enforcement

Automatic Administrative Suspension for CLE Non-Compliance – A New Phase in Pa.R.C.L.E. 111(b) Enforcement

Date: Jul 23, 2025
Automatic Administrative Suspension for CLE Non-Compliance: Supreme Court of Pennsylvania’s July 2025 Order under Pa.R.C.L.E. 111(b) 1. Introduction On 16 July 2025 the Supreme Court of Pennsylvania...
Reaffirming the Narrow Application of Permanent Disbarment: The Supreme Court of Pennsylvania Clarifies the Keller Threshold in In re Cappuccio

Reaffirming the Narrow Application of Permanent Disbarment: The Supreme Court of Pennsylvania Clarifies the Keller Threshold in In re Cappuccio

Date: Jul 4, 2025
Reaffirming the Narrow Application of Permanent Disbarment: The Supreme Court of Pennsylvania Clarifies the Keller Threshold in In re Cappuccio 1. Introduction On 2 July 2025, the Supreme Court of...
Commonwealth v. Hardy: Reaffirming Timeliness & Refining the “Actual Innocence” Standard in Pennsylvania Post-Conviction DNA Litigation

Commonwealth v. Hardy: Reaffirming Timeliness & Refining the “Actual Innocence” Standard in Pennsylvania Post-Conviction DNA Litigation

Date: Jun 20, 2025
Commonwealth v. Hardy: Reaffirming Timeliness & Refining the “Actual Innocence” Standard in Pennsylvania Post-Conviction DNA Litigation Introduction In Commonwealth v. Hardy (Pa. 2025) the Supreme...

        The “Totality-of-Circumstances Reasonableness Test” for Pedalcyclists:
        A Commentary on Commonwealth v. Linton (Pa. 2025)

The “Totality-of-Circumstances Reasonableness Test” for Pedalcyclists: A Commentary on Commonwealth v. Linton (Pa. 2025)

Date: Jun 20, 2025
The “Totality-of-Circumstances Reasonableness Test” for Pedalcyclists: Comprehensive Commentary on Commonwealth v. Linton, 11 WAP 2024 (Pa. 2025) 1. Introduction Commonwealth v. Linton marks the...
Estate Entitlement to Pending Specific‐Loss Benefits Under Section 410

Estate Entitlement to Pending Specific‐Loss Benefits Under Section 410

Date: May 31, 2025
Estate Entitlement to Pending Specific‐Loss Benefits Under Section 410 Introduction This case arises from the appeal in Steets, K., Aplt. v. Celebration Fireworks, Inc. (Workers’ Compensation Appeal...
Profit-Linked Compensation and Related-Entity Transfers Disqualify Purely Public Charities from Property Tax Exemption

Profit-Linked Compensation and Related-Entity Transfers Disqualify Purely Public Charities from Property Tax Exemption

Date: May 31, 2025
Profit-Linked Compensation and Related-Entity Transfers Disqualify Purely Public Charities from Property Tax Exemption Introduction This commentary examines Justice Mundy’s dissent in Pottstown...
Redemptive Tax Sale and Duty to Pay: Powell Rule Protects Subsurface Rights

Redemptive Tax Sale and Duty to Pay: Powell Rule Protects Subsurface Rights

Date: May 31, 2025
Redemptive Tax Sale and Duty to Pay: Powell Rule Protects Subsurface Rights Introduction Commonwealth of Pennsylvania, Pennsylvania Game Commission (“Appellant”) v. Thomas E. Proctor Heirs Trust...
Facial Unconstitutionality of §3806: Apprendi Protections for ARD-Based Sentencing Enhancements

Facial Unconstitutionality of §3806: Apprendi Protections for ARD-Based Sentencing Enhancements

Date: May 31, 2025
Facial Unconstitutionality of §3806: Apprendi Protections for ARD-Based Sentencing Enhancements Introduction Commonwealth v. Shifflett, G., Aplt. (No. 26 MAP 2024), decided May 30, 2025 by the...
Mandating Expeditious Administration of Pennsylvania’s Instantaneous Firearms Background Checks

Mandating Expeditious Administration of Pennsylvania’s Instantaneous Firearms Background Checks

Date: May 31, 2025
Mandating Expeditious Administration of Pennsylvania’s Instantaneous Firearms Background Checks Introduction This case arises from a dispute over the Pennsylvania State Police’s (“PSP”) performance...
Extending the Inconsistent Verdicts Doctrine to Special Interrogatories

Extending the Inconsistent Verdicts Doctrine to Special Interrogatories

Date: May 31, 2025
Extending the Inconsistent Verdicts Doctrine to Special Interrogatories Introduction In Commonwealth v. Muhammad, the Pennsylvania Supreme Court considered whether the familiar “inconsistent...
Reaffirming Specific Intent and Mitigation Standards in Capital Cases: Commonwealth v. Johnson

Reaffirming Specific Intent and Mitigation Standards in Capital Cases: Commonwealth v. Johnson

Date: May 20, 2025
Reaffirming Specific Intent and Mitigation Standards in Capital Cases: Commonwealth v. Johnson Introduction Commonwealth v. Johnson is a post-conviction relief appeal decided by the Supreme Court of...
Genetic Testing as the Exclusive Rebuttal to the Presumption of Paternity under 23 Pa.C.S. § 5104

Genetic Testing as the Exclusive Rebuttal to the Presumption of Paternity under 23 Pa.C.S. § 5104

Date: Apr 26, 2025
Genetic Testing as the Exclusive Rebuttal to the Presumption of Paternity under 23 Pa.C.S. § 5104 Introduction Sitler v. Jones, 2025 WL ___ (Pa. Apr. 25, 2025), presented the Supreme Court of...
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