Pennsylvania Case Commentaries

Commonwealth v. Montalvo: Setting a Precedent for Ineffective Assistance of Counsel in Jury Instruction Errors under PCRA

Date: Jan 21, 2021

Commonwealth v. Montalvo: Setting a Precedent for Ineffective Assistance of Counsel in Jury Instruction Errors under PCRA Introduction Commonwealth of Pennsylvania v. Noel Matos Montalvo, 244 A.3d...

Estoppel in Tax Assessment Appeals: Insights from Coatesville Area School District v. Chester County Board of Assessment Appeals

Date: Jan 21, 2021

Estoppel in Tax Assessment Appeals: Insights from Coatesville Area School District v. Chester County Board of Assessment Appeals Introduction The case of Coatesville Area School District v. Chester...

Defining the Scope of MHPA: Limiting Physician Liability to Formalized Involuntary Commitments

Date: Dec 23, 2020

Defining the Scope of MHPA: Limiting Physician Liability to Formalized Involuntary Commitments Introduction The case of Kathryn F. Leight and John L. Leight v. University of Pittsburgh Physicians et...

Limiting the Scope of the Dragonetti Act: Contempt Sanctions Not Considered Civil Proceedings

Date: Dec 23, 2020

Limiting the Scope of the Dragonetti Act: Contempt Sanctions Not Considered Civil Proceedings Introduction In Nancy K. Raynor, Esq. and Raynor & Associates, P.C. v. Matthew D'Annunzio, Esq.; Klehr...

Pennsylvania v. Peck: Territorial Jurisdiction in Drug Delivery Resulting in Death

Date: Dec 23, 2020

Pennsylvania v. Peck: Territorial Jurisdiction in Drug Delivery Resulting in Death Introduction The case of Commonwealth of Pennsylvania v. Mitchell Gregory Peck, Jr. ([242 A.3d 1274](#)) dealt with...

Reaffirming Common-Law Fraud in Voiding Irrevocable Trusts: Pennsylvania Supreme Court's Ruling in In Re Passarelli Family Trust

Date: Dec 23, 2020

Reaffirming Common-Law Fraud in Voiding Irrevocable Trusts: Pennsylvania Supreme Court's Ruling in In Re Passarelli Family Trust Introduction The case of In Re: Passarelli Family Trust Appeal of:...

Expert Evidence Must Be Considered Favorably in Summary Judgment: Bourgeois v. Snow Time, Inc.

Date: Dec 10, 2020

Expert Evidence Must Be Considered Favorably in Summary Judgment: Bourgeois v. Snow Time, Inc. Introduction In the case of Bourgeois v. Snow Time, Inc., the Pennsylvania Supreme Court examined...

Limited Appellate Scrutiny for Children's Counsel Appointments in Termination Proceedings

Date: Nov 11, 2020

Limited Appellate Scrutiny for Children's Counsel Appointments in Termination Proceedings Introduction The Supreme Court of Pennsylvania addressed a critical issue in family law concerning the...

Admissibility of Expert Testimony in Child Sexual Abuse Cases Post-Section 5920: Insights from Commonwealth v. Jones

Date: Oct 31, 2020

Admissibility of Expert Testimony in Child Sexual Abuse Cases Post-Section 5920: Insights from Commonwealth v. Jones Introduction Commonwealth of Pennsylvania v. Rod L. Jones, Jr., 240 A.3d 881...

Sentencing Discretion and Restitution: Insights from Commonwealth of Pennsylvania v. Weir

Date: Oct 2, 2020

Sentencing Discretion and Restitution: Insights from Commonwealth of Pennsylvania v. Weir Introduction In Commonwealth of Pennsylvania v. Christopher Robert Weir, decided on October 1, 2020, the...

Precedent-Setting Interpretation of Restitution in Conflict of Interest Cases: Sivick v. State Ethics Commission

Date: Oct 2, 2020

Precedent-Setting Interpretation of Restitution in Conflict of Interest Cases: Sivick v. State Ethics Commission Introduction The case of John P. Sivick v. State Ethics Commission (238 A.3d 1250)...

Double Jeopardy Protections in DUI Sentencing: Commonwealth of Pennsylvania v. Bryan Hill

Date: Oct 1, 2020

Double Jeopardy Protections in DUI Sentencing: Commonwealth of Pennsylvania v. Bryan Hill Introduction The case of Commonwealth of Pennsylvania, Appellee v. Bryan Hill, Appellant (238 A.3d 399)...

Extending Brady Obligations to Successor Prosecutors: Analysis of Commonwealth v. Bagnall

Date: Aug 19, 2020

Extending Brady Obligations to Successor Prosecutors: Analysis of Commonwealth v. Bagnall Introduction Commonwealth of Pennsylvania v. Michael Dwayne Bagnall, 235 A.3d 1075, adjudicated by the...

Pennsylvania Supreme Court Confirms Section 753(l)(2)(B) Test for Self-Employment in Unemployment Compensation Eligibility

Date: Jul 25, 2020

Pennsylvania Supreme Court Confirms Section 753(l)(2)(B) Test for Self-Employment in Unemployment Compensation Eligibility Introduction In the landmark case of Donald Lowman, Appellee v. Unemployment...

PHRA Application to Judiciary Violates Separation of Powers in Pennsylvania

Date: Jul 22, 2020

PHRA Application to Judiciary Violates Separation of Powers in Pennsylvania Introduction In the case of Michael Renner v. Court of Common Pleas of Lehigh County, the Supreme Court of Pennsylvania...

Clarifying Concealment: Pennsylvania Supreme Court Establishes Nuanced Interpretation of Section 6106

Date: Jul 22, 2020

Clarifying Concealment: Pennsylvania Supreme Court Establishes Nuanced Interpretation of Section 6106 Introduction The case of Commonwealth of Pennsylvania v. Darren Montgomery (234 A.3d 523, 2020)...

Reaffirming the Commonwealth's Burden in Harmless Error Doctrine: Analysis of Commonwealth v. Hamlett

Date: Jul 22, 2020

Reaffirming the Commonwealth's Burden in Harmless Error Doctrine: Analysis of Commonwealth v. Hamlett Introduction Commonwealth of Pennsylvania v. James Calvin Hamlett, Jr., reported at 234 A.3d 486,...

Landmark Ruling in Commonwealth v. King: Ensuring Due Process in Enhanced Sentencing and Clarifying Consecutive Sentences for Inchoate Crimes

Date: Jul 22, 2020

Landmark Ruling in Commonwealth v. King: Ensuring Due Process in Enhanced Sentencing and Clarifying Consecutive Sentences for Inchoate Crimes Introduction In Commonwealth of Pennsylvania v. Jimel...

Defining 'Fugitive from Justice': Pennsylvania Supreme Court's Ruling in Commonwealth v. Smith

Date: Jul 22, 2020

Defining 'Fugitive from Justice': Pennsylvania Supreme Court's Ruling in Commonwealth v. Smith Introduction In the case of Commonwealth of Pennsylvania v. Brahim Smith, decided on July 21, 2020, the...

Agency Deference Limits Confirmed: DAS Networks Classified as Public Utilities in Pennsylvania

Date: Jul 22, 2020

Agency Deference Limits Confirmed: DAS Networks Classified as Public Utilities in Pennsylvania Introduction The case of Crown Castle NG East LLC and Pennsylvania-cle LLC v. Pennsylvania Public...