Pennsylvania Case Commentaries

PA Supreme Court Invalidates Drug-Free School Zones Statute under Alleyne v. United States

Date: Jun 16, 2015

PA Supreme Court Invalidates Drug-Free School Zones Statute under Alleyne v. United States Introduction The Supreme Court of Pennsylvania rendered a pivotal decision on June 15, 2015, in the case of...

Reinforcing Parental Accountability: Supreme Court Upholds Section 6381(d) Presumption in Multi-Caregiver Child Abuse Cases

Date: Mar 26, 2015

Reinforcing Parental Accountability: Supreme Court Upholds Section 6381(d) Presumption in Multi-Caregiver Child Abuse Cases Introduction The case of In Interest of L.Z., a Minor Child. Appeal of L.Z....

Affirmation of Death Sentence in Commonwealth of Pennsylvania v. Johnson: Upholding Established Legal Standards

Date: Dec 31, 2014

Affirmation of Death Sentence in Commonwealth of Pennsylvania v. Johnson: Upholding Established Legal Standards Introduction In Commonwealth of Pennsylvania v. Christopher Lynn Johnson, the Supreme...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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...