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  • Commentaries
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Pennsylvania Case Commentaries

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...
Mug Shots as Identifiable Descriptions Under CHRIA – County Dissemination Prohibited

Mug Shots as Identifiable Descriptions Under CHRIA – County Dissemination Prohibited

Date: Apr 26, 2025
Mug Shots as Identifiable Descriptions Under CHRIA – County Dissemination Prohibited Introduction In Mezzacappa v. Northampton County, 2025 PA 40 MAP and 41 MAP, the Supreme Court of Pennsylvania...
Interdependency Requirement for Aggregating Noncontiguous Parcels Under Section 705 of the Eminent Domain Code

Interdependency Requirement for Aggregating Noncontiguous Parcels Under Section 705 of the Eminent Domain Code

Date: Apr 26, 2025
Interdependency Requirement for Aggregating Noncontiguous Parcels Under Section 705 of the Eminent Domain Code Introduction In Pignetti, G. & J. h/w, Aplts. v. PennDOT, No. 26 & 27 EAP 2023 (Pa. Apr....
Clarifying “Used Together for a Unified Purpose”: Interdependency Requirement under Section 705 of the Eminent Domain Code

Clarifying “Used Together for a Unified Purpose”: Interdependency Requirement under Section 705 of the Eminent Domain Code

Date: Apr 26, 2025
Clarifying “Used Together for a Unified Purpose”: Interdependency Requirement under Section 705 of the Eminent Domain Code Introduction This commentary examines the Supreme Court of Pennsylvania’s...
Clarifying the Voluntary-Inpatient Threshold under Pennsylvania’s MHPA

Clarifying the Voluntary-Inpatient Threshold under Pennsylvania’s MHPA

Date: Apr 26, 2025
Clarifying the Voluntary-Inpatient Threshold under Pennsylvania’s MHPA Introduction In Estate of Frederick v. Geisinger Medical Center, the Pennsylvania Supreme Court addressed whether a patient’s...
Standardized Custody Procedures: Integrating Criminal Records, Abuse History, and Protective-Services Reports

Standardized Custody Procedures: Integrating Criminal Records, Abuse History, and Protective-Services Reports

Date: Apr 26, 2025
Standardized Custody Procedures: Integrating Criminal Records, Abuse History, and Protective-Services Reports Introduction In In Re: Order Amending Rules 1915.3-2, 1915.4-4, 1915.10, 1915.15, and...
New Due Process Safeguards for Juvenile Bench Warrants Under Pennsylvania Rules 140 & 141

New Due Process Safeguards for Juvenile Bench Warrants Under Pennsylvania Rules 140 & 141

Date: Apr 26, 2025
New Due Process Safeguards for Juvenile Bench Warrants Under Pennsylvania Rules 140 & 141 Introduction On April 25, 2025, the Supreme Court of Pennsylvania entered an order amending Rules 140 and 141...
Mug Shots as “Identifiable Descriptions” under CHRIA: Police-Only Dissemination Rule

Mug Shots as “Identifiable Descriptions” under CHRIA: Police-Only Dissemination Rule

Date: Apr 26, 2025
Mug Shots as “Identifiable Descriptions” under CHRIA: Police-Only Dissemination Rule Introduction In Mezzacappa v. Northampton County, 2025 PA 40 MAP 2024, the Supreme Court of Pennsylvania resolved...
Reaffirmation of Formal Application Prerequisites for Voluntary Inpatient Admission Under Pennsylvania’s Mental Health Procedures Act

Reaffirmation of Formal Application Prerequisites for Voluntary Inpatient Admission Under Pennsylvania’s Mental Health Procedures Act

Date: Apr 26, 2025
Reaffirmation of Formal Application Prerequisites for Voluntary Inpatient Admission Under Pennsylvania’s Mental Health Procedures Act Introduction Estate of Frederick v. Alley Medical Center is a...
In re Huff: Traditional Domicile Test, Not Election Code §704(d), Governs Judicial Candidate Eligibility

In re Huff: Traditional Domicile Test, Not Election Code §704(d), Governs Judicial Candidate Eligibility

Date: Apr 25, 2025
In re Huff: Traditional Domicile Test, Not Election Code §704(d), Governs Judicial Candidate Eligibility Introduction In In re Nomination Petition of Huff; Appeal of Huff, 2025 PA 24 (Pa. 2025), the...
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