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  • Commentaries
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Pennsylvania Case Commentaries

Affirming Waiver of Counsel and Competency Claims in Commonwealth v. Blakeney

Affirming Waiver of Counsel and Competency Claims in Commonwealth v. Blakeney

Date: Dec 30, 2014
Affirming Waiver of Counsel and Competency Claims in Commonwealth v. Blakeney Introduction Commonwealth of Pennsylvania v. Herbert Blakeney is a landmark decision by the Supreme Court of Pennsylvania...
Reaffirming Appellate Deference in Sentencing Following Probation Revocation: Commonwealth of Pennsylvania v. Tyde Pasture

Reaffirming Appellate Deference in Sentencing Following Probation Revocation: Commonwealth of Pennsylvania v. Tyde Pasture

Date: Dec 30, 2014
Reaffirming Appellate Deference in Sentencing Following Probation Revocation: Commonwealth of Pennsylvania v. Tyde Pasture Introduction Commonwealth of Pennsylvania v. Tyde Pasture, 107 A.3d 21 (Pa....
Pennsylvania Supreme Court Declares SORNA's Lifetime Registration for Juvenile Offenders Unconstitutional

Pennsylvania Supreme Court Declares SORNA's Lifetime Registration for Juvenile Offenders Unconstitutional

Date: Dec 30, 2014
Pennsylvania Supreme Court Declares SORNA's Lifetime Registration for Juvenile Offenders Unconstitutional Introduction In the landmark case In the Interest of J.B., a Minor. et al., the Supreme Court...
Affirmation of Standards for Ineffective Assistance of Counsel in Capital PCRA Claims: Commonwealth of Pennsylvania v. Mitchell

Affirmation of Standards for Ineffective Assistance of Counsel in Capital PCRA Claims: Commonwealth of Pennsylvania v. Mitchell

Date: Dec 17, 2014
Affirmation of Standards for Ineffective Assistance of Counsel in Capital PCRA Claims: Commonwealth of Pennsylvania v. Mitchell Introduction Commonwealth of Pennsylvania v. Wayne Cordell Mitchell...
Pennsylvania Supreme Court Clarifies 'Gist of the Action' Doctrine in Negligence Claims Against Insurers

Pennsylvania Supreme Court Clarifies 'Gist of the Action' Doctrine in Negligence Claims Against Insurers

Date: Dec 16, 2014
Pennsylvania Supreme Court Clarifies 'Gist of the Action' Doctrine in Negligence Claims Against Insurers Introduction In the landmark case Da v. Bruno and Others, the Supreme Court of Pennsylvania...
Termination of Parental Rights for Incarcerated Parents Does Not Mandate 'Reasonable Efforts' by Child Welfare Agencies

Termination of Parental Rights for Incarcerated Parents Does Not Mandate 'Reasonable Efforts' by Child Welfare Agencies

Date: Dec 16, 2014
Termination of Parental Rights for Incarcerated Parents Does Not Mandate 'Reasonable Efforts' by Child Welfare Agencies Introduction In the landmark case In the Interest of D.C.D., Minor. Appeal of...
Establishing the Duty to Warn: A New Precedent for Electric Utilities in Pennsylvania

Establishing the Duty to Warn: A New Precedent for Electric Utilities in Pennsylvania

Date: Dec 16, 2014
Establishing the Duty to Warn: A New Precedent for Electric Utilities in Pennsylvania Introduction In the seminal case of Alderwoods (Pennsylvania), Inc. v. Duquesne Light Company, the Supreme Court...
Supreme Court of Pennsylvania Upholds Denial of Post-Conviction Relief in Commonwealth v. Bomar: Implications for Effective Counsel and Brady Compliance

Supreme Court of Pennsylvania Upholds Denial of Post-Conviction Relief in Commonwealth v. Bomar: Implications for Effective Counsel and Brady Compliance

Date: Nov 22, 2014
Supreme Court of Pennsylvania Upholds Denial of Post-Conviction Relief in Commonwealth v. Bomar: Implications for Effective Counsel and Brady Compliance Introduction The case of Commonwealth of...
Noel v. Commonwealth: Jury Selection Rules and Harmless Error

Noel v. Commonwealth: Jury Selection Rules and Harmless Error

Date: Nov 22, 2014
Noel v. Commonwealth: Jury Selection Rules and Harmless Error Introduction In Commonwealth of Pennsylvania v. Harold Winston Noel, Jr. (104 A.3d 1156), the Supreme Court of Pennsylvania addressed...
Use of Pre-Arrest Silence as Substantive Evidence: Analysis of Commonwealth v. Molina

Use of Pre-Arrest Silence as Substantive Evidence: Analysis of Commonwealth v. Molina

Date: Nov 21, 2014
The Right to Silence: Commonwealth of Pennsylvania v. Molina and Its Implications Introduction Commonwealth of Pennsylvania v. Michael Molina (628 Pa. 465, 2014) is a landmark decision by the Supreme...
Tincher v. Omega Flex: Redefining Strict Product Liability Standards in Pennsylvania

Tincher v. Omega Flex: Redefining Strict Product Liability Standards in Pennsylvania

Date: Nov 20, 2014
Tincher v. Omega Flex: Redefining Strict Product Liability Standards in Pennsylvania Introduction Tincher v. Omega Flex, Inc. (104 A.3d 328, 2014) marks a pivotal moment in Pennsylvania's...
Addressing Open-Records Officer Requirement in Pennsylvania's Right-to-Know Law: Commonwealth of Pennsylvania v. Nia

Addressing Open-Records Officer Requirement in Pennsylvania's Right-to-Know Law: Commonwealth of Pennsylvania v. Nia

Date: Nov 11, 2014
Addressing Open-Records Officer Requirement in Pennsylvania's Right-to-Know Law: Commonwealth of Pennsylvania v. Nia Introduction In the landmark case Commonwealth of Pennsylvania v. Nia (628 Pa....
Judicial Review Rights under Act 62 for Autism-Service Coverage: Burke v. Independence Blue Cross

Judicial Review Rights under Act 62 for Autism-Service Coverage: Burke v. Independence Blue Cross

Date: Nov 1, 2014
Judicial Review Rights under Act 62 for Autism-Service Coverage: Burke v. Independence Blue Cross Introduction Burke v. Independence Blue Cross is a landmark decision by the Supreme Court of...
Effective Assistance of Counsel in Capital Sentencing: A Comprehensive Analysis of Commonwealth of Pennsylvania v. Michelle Sue Tharp

Effective Assistance of Counsel in Capital Sentencing: A Comprehensive Analysis of Commonwealth of Pennsylvania v. Michelle Sue Tharp

Date: Sep 25, 2014
Effective Assistance of Counsel in Capital Sentencing: A Comprehensive Analysis of Commonwealth of Pennsylvania v. Michelle Sue Tharp Introduction In the landmark case of Commonwealth of Pennsylvania...
Commonwealth of Pennsylvania v. Gross: Establishing Prosecution’s Burden in Venue Challenges

Commonwealth of Pennsylvania v. Gross: Establishing Prosecution’s Burden in Venue Challenges

Date: Sep 25, 2014
Commonwealth of Pennsylvania v. Gross: Establishing Prosecution’s Burden in Venue Challenges Introduction Commonwealth of Pennsylvania v. Emily Joy Gross is a landmark decision by the Supreme Court...
Clarifying Jurisdictional Standards for Municipal Ordinances Over Commonwealth Agencies

Clarifying Jurisdictional Standards for Municipal Ordinances Over Commonwealth Agencies

Date: Sep 25, 2014
Clarifying Jurisdictional Standards for Municipal Ordinances Over Commonwealth Agencies Introduction The case of Southeastern Pennsylvania Transportation Authority (SEPTA) v. City of Philadelphia...
Affirmation of Denial of Post-Conviction Relief Claims in Commonwealth of Pennsylvania v. Anthony Reid

Affirmation of Denial of Post-Conviction Relief Claims in Commonwealth of Pennsylvania v. Anthony Reid

Date: Aug 21, 2014
Affirmation of Denial of Post-Conviction Relief Claims in Commonwealth of Pennsylvania v. Anthony Reid Introduction Commonwealth of Pennsylvania v. Anthony Reid, 627 Pa. 151 (2014), is a pivotal...
Pennsylvania Supreme Court Rules Mandatory Minimum Fine Under Gaming Act as Unconstitutional Excessive Fine

Pennsylvania Supreme Court Rules Mandatory Minimum Fine Under Gaming Act as Unconstitutional Excessive Fine

Date: Aug 20, 2014
Pennsylvania Supreme Court Rules Mandatory Minimum Fine Under Gaming Act as Unconstitutional Excessive Fine 1. Introduction In Commonwealth of Pennsylvania v. Matthew Steven Eisenberg (98 A.3d 1268),...
Kidnapping Defined: Pennsylvania Supreme Court Reinforces "Place of Isolation" Standard

Kidnapping Defined: Pennsylvania Supreme Court Reinforces "Place of Isolation" Standard

Date: Aug 19, 2014
Kidnapping Defined: Pennsylvania Supreme Court Reinforces "Place of Isolation" Standard Introduction In the landmark case Commonwealth of Pennsylvania v. Randal R. Rushing, 99 A.3d 416 (Pa. 2014),...
Clarifying Investigative Detention Thresholds: Commonwealth v. Lyles

Clarifying Investigative Detention Thresholds: Commonwealth v. Lyles

Date: Jul 22, 2014
Clarifying Investigative Detention Thresholds: Commonwealth v. Lyles Introduction The Supreme Court of Pennsylvania, in the landmark case Commonwealth of Pennsylvania v. Haleem L. Lyles (97 A.3d...
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