Pennsylvania Case Commentaries

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

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

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...

Clerk of Courts Cannot Reject Timely Appeal Notices: Pennsylvania Supreme Court Establishes Self-Perfecting Appeal Principle

Date: Jul 22, 2014

Clerk of Courts Cannot Reject Timely Appeal Notices: Pennsylvania Supreme Court Establishes Self-Perfecting Appeal Principle Introduction The case of Commonwealth of Pennsylvania v. Christopher...

Taxing Nonresident Limited Partners: Pennsylvania's Application of the Tufts Rule in PIT Assessments

Date: Jun 18, 2014

Taxing Nonresident Limited Partners: Pennsylvania's Application of the Tufts Rule in PIT Assessments Introduction Ernest & Be v. rly WIRTH, Appellants is a significant judicial decision by the...

New Precedent on After-Discovered Evidence: Media Allegations Insufficient for New Trial

Date: Jun 17, 2014

New Precedent on After-Discovered Evidence: Media Allegations Insufficient for New Trial Introduction Commonwealth of Pennsylvania v. Jose Castro is a pivotal case decided by the Supreme Court of...

Pennsylvania Supreme Court Revises Stance on Expert Testimony in Eyewitness Identification

Date: May 29, 2014

Pennsylvania Supreme Court Revises Stance on Expert Testimony in Eyewitness Identification Introduction The case of Commonwealth of Pennsylvania v. Benjamin Walker (92 A.3d 766) marks a significant...

Reaffirming Standards for Ineffective Assistance Claims in Capital Sentencing: Commonwealth v. Baumhammers

Date: May 28, 2014

Reaffirming Standards for Ineffective Assistance Claims in Capital Sentencing: Commonwealth v. Baumhammers Introduction Commonwealth of Pennsylvania v. Richard Scott Baumhammers, 92 A.3d 708 (Pa....

Affirmation of Death Sentence in Commonwealth v. Morales: An In-Depth Legal Analysis

Date: Apr 29, 2014

Affirmation of Death Sentence in Commonwealth v. Morales: An In-Depth Legal Analysis Introduction Commonwealth of Pennsylvania v. Hector Morales (91 A.3d 80) is a pivotal judgment delivered by the...

Amending Home Rule Charters Without a Government Study Commission: Insights from Pilchesky v. Lackawanna County

Date: Mar 27, 2014

Amending Home Rule Charters Without a Government Study Commission: Insights from Pilchesky v. Lackawanna County Introduction Joseph Pilchesky, the appellant, challenged the authority of the...

Defining True Threats in Employment: Insights from Johns v. Unemployment Compensation Board of Review

Date: Mar 22, 2014

Defining True Threats in Employment: Insights from Johns v. Unemployment Compensation Board of Review Introduction The case of Christopher Johns v. Unemployment Compensation Board of Review explores...

Affirmation of Effective Assistance of Counsel Standards in Capital Cases: Commonwealth of Pennsylvania v. Fears

Date: Feb 20, 2014

Affirmation of Effective Assistance of Counsel Standards in Capital Cases: Commonwealth of Pennsylvania v. Fears Introduction In the landmark case of Commonwealth of Pennsylvania v. Leroy Fears (86...

Clarifying Mental Incompetency Exceptions in Post Conviction Relief: Commonwealth of Pennsylvania v. Ali

Date: Feb 19, 2014

Clarifying Mental Incompetency Exceptions in Post Conviction Relief: Commonwealth of Pennsylvania v. Ali Introduction Commonwealth of Pennsylvania v. Imanuel Bassil Ali, 86 A.3d 173 (Pa. Super. Ct.,...

Supreme Court of Pennsylvania Prohibits "Error in Judgment" Instructions in Medical Malpractice Cases

Date: Feb 8, 2014

Supreme Court of Pennsylvania Prohibits "Error in Judgment" Instructions in Medical Malpractice Cases Introduction The case of Ste v. Rowena T. Grumbine, M.D. and Blair Medical Associates, Inc.,...

Limits of Brady Materiality: Insights from Commonwealth of Pennsylvania v. Antidormi

Date: Jan 24, 2014

Limits of Brady Materiality: Insights from Commonwealth of Pennsylvania v. Antidormi Introduction In the case of Commonwealth of Pennsylvania v. Gino Antidormi (84 A.3d 736), the Superior Court of...

Affirmation of Death Sentence and Standards for Evidence Admissibility in Commonwealth v. Hairston

Date: Jan 22, 2014

Affirmation of Death Sentence and Standards for Evidence Admissibility Commonwealth of Pennsylvania v. Kenneth Hairston (84 A.3d 657) Supreme Court of Pennsylvania Date: January 21, 2014 Introduction...

Establishing Liability Beyond Manufacturing Defects: Pennsylvania's Stance on Negligent Design Defects in Pharmaceutical Litigation

Date: Jan 22, 2014

Establishing Liability Beyond Manufacturing Defects: Pennsylvania's Stance on Negligent Design Defects in Pharmaceutical Litigation Introduction The case of Patsy Lance, Administratrix for the Estate...

Reaffirming the Strickland/Pierce Standard for Ineffective Assistance of Counsel under the PCRA: Commonwealth v. Spotz

Date: Jan 18, 2014

Reaffirming the Strickland/Pierce Standard for Ineffective Assistance of Counsel under the PCRA: Commonwealth v. Spotz Introduction In the landmark case of Commonwealth of Pennsylvania v. Mark Newton...

Affirmation of Death Penalty Based on Multiple Murder Aggravating Circumstances in Commonwealth of Pennsylvania v. Diamond

Date: Dec 28, 2013

Affirmation of Death Penalty Based on Multiple Murder Aggravating Circumstances in Commonwealth of Pennsylvania v. Diamond Introduction Commonwealth of Pennsylvania v. Robert Diamond is a pivotal...

Affirmation of Effective Counsel and Limitations of Post-Conviction Relief in Commonwealth v. Robinson

Date: Dec 28, 2013

Affirmation of Effective Counsel and Limitations of Post-Conviction Relief in Commonwealth v. Robinson Introduction Commonwealth of Pennsylvania v. Robinson (82 A.3d 998), adjudicated by the Supreme...