Pennsylvania Case Commentaries

Affirmation of Pennsylvania's Grandparent Custody Statute: Balancing Parental Rights and Child Welfare

Date: Aug 23, 2006

Affirmation of Pennsylvania's Grandparent Custody Statute: Balancing Parental Rights and Child Welfare Introduction In the landmark case of Cheryl Hiller v. Shane Fausey, the Supreme Court of...

Affirmation of Death Sentence in Commonwealth of Pennsylvania v. Mitchell: Key Findings on Diminished Capacity and Evidentiary Law

Date: Jul 20, 2006

Affirmation of Death Sentence in Commonwealth of Pennsylvania v. Mitchell: Key Findings on Diminished Capacity and Evidentiary Law Introduction In the landmark case of Commonwealth of Pennsylvania v....

Retroactive Application of Batson and Ineffective Assistance of Counsel in Commonwealth of Pennsylvania v. Willie Sneed

Date: Jun 20, 2006

Retroactive Application of Batson and Ineffective Assistance of Counsel in Commonwealth of Pennsylvania v. Willie Sneed Introduction Commonwealth of Pennsylvania v. Willie Sneed, 587 Pa. 318 (2006),...

Williams v. Commonwealth: Reinforcing Standards for Ineffective Assistance Claims in Post-Conviction DNA Testing

Date: Jun 20, 2006

Williams v. Commonwealth: Reinforcing Standards for Ineffective Assistance Claims in Post-Conviction DNA Testing Introduction In Commonwealth of Pennsylvania v. Rasheed La-Qun Williams, decided by...

Non-Merger of Indecent Assault and Unlawful Contact with a Minor: Commonwealth of Pennsylvania v. Evans

Date: Jun 6, 2006

Non-Merger of Indecent Assault and Unlawful Contact with a Minor: Commonwealth of Pennsylvania v. Evans Introduction The case of Commonwealth of Pennsylvania v. Dauntel Lamont Evans, adjudicated by...

Reaffirming Standards for Ineffective Assistance of Counsel in Post-Conviction Relief: Commonwealth v. Spotz

Date: May 3, 2006

Reaffirming Standards for Ineffective Assistance of Counsel in Post-Conviction Relief: Commonwealth v. Spotz Introduction Commonwealth of Pennsylvania v. Mark Newton Spotz is a significant case...

Affirmation of Death Sentence and Upholding IADA Compliance in COMMONWEALTH v. WILLIAMS

Date: Apr 22, 2006

Affirmation of Death Sentence and Upholding IADA Compliance in COMMONWEALTH v. WILLIAMS Introduction Commonwealth of Pennsylvania v. James T. Williams is a landmark decision rendered by the Supreme...

Doctrine of Unjust Enrichment and Contractual Privity: Insights from WILSON AREA SCHOOL DISTRICT v. SKEPTON et al.

Date: Apr 22, 2006

Doctrine of Unjust Enrichment and Contractual Privity: Insights from WILSON AREA SCHOOL DISTRICT v. SKEPTON et al. Introduction Wilson Area School District v. Franklin E. Skepton, Joseph Bozzelli,...

Trial Courts' Discretion to Appoint Public Defender as Standby Counsel Beyond Financial Ineligibility

Date: Mar 25, 2006

Trial Courts' Discretion to Appoint Public Defender as Standby Counsel Beyond Financial Ineligibility Introduction The case of Public Defender's Office of Venango County v. Venango County Court of...

Probable Cause Standard for Pre-Complaint Discovery Established in McNEIL v. JORDAN

Date: Mar 22, 2006

Probable Cause Standard for Pre-Complaint Discovery Established in McNEIL v. JORDAN Introduction The Supreme Court of Pennsylvania, in the landmark case Henry McNeil, Jr., Appellant v. Barbara McNeil...

Clarifying the 'Newly Discovered Evidence' Exception under the Post Conviction Relief Act: Commonwealth v. Chester

Date: Mar 22, 2006

Clarifying the 'Newly Discovered Evidence' Exception under the Post Conviction Relief Act: Commonwealth v. Chester Introduction In the landmark case of Commonwealth v. Chester, the Supreme Court of...

Credibility Determinations in Workers' Compensation: Dorsey v. Workers' Compensation Appeal Board

Date: Feb 25, 2006

Credibility Determinations in Workers' Compensation: Dorsey v. Workers' Compensation Appeal Board Introduction The case Robert Dorsey v. Workers' Compensation Appeal Board (Crossing Construction...

Limitation on State Constitutional Remedies for Excessive Force: Jones v. City of Philadelphia

Date: Jan 26, 2006

No Separate Monetary Cause of Action for Excessive Force under Pennsylvania's Constitution Introduction Thomas Jones v. City of Philadelphia is a landmark case adjudicated by the Commonwealth Court...

Reaffirmation of the Bright-Line Rule for Waiver Under Pa.R.A.P. 1925(b) in Commonwealth v. Castillo

Date: Dec 30, 2005

Reaffirmation of the Bright-Line Rule for Waiver Under Pa.R.A.P. 1925(b) in Commonwealth v. Castillo Introduction Commonwealth of Pennsylvania v. Hector Castillo, 585 Pa. 395 (2005), represents a...

Strict Compliance with Pa.R.A.P. 1925(b) Ensures Fair Appellate Review: Insights from Commonwealth v. Schofield

Date: Dec 30, 2005

Strict Compliance with Pa.R.A.P. 1925(b) Ensures Fair Appellate Review: Insights from Commonwealth v. Schofield Introduction In Commonwealth of Pennsylvania v. Schofield, 585 Pa. 389 (2005), the...

Flexible Application of the Lamp Rule for Good Faith Efforts in Service of Process in McCreesh v. City of Philadelphia

Date: Dec 29, 2005

Flexible Application of the Lamp Rule for Good Faith Efforts in Service of Process in McCreesh v. City of Philadelphia Introduction Charles F. McCreesh initiated a civil action against the City of...

Reinforcing Traditional Standing Requirements in Constitutional Challenges: Insights from Pittsburgh Palisades Park, LLC v. Commonwealth of Pennsylvania

Date: Dec 29, 2005

Reinforcing Traditional Standing Requirements in Constitutional Challenges: Insights from Pittsburgh Palisades Park, LLC v. Commonwealth of Pennsylvania Introduction The case of Pittsburgh Palisades...

Establishing Duty of Care in State Negligence Claims Against Fundraising Entities: R.W. and C.W. v. Fundraising Entities

Date: Dec 29, 2005

Establishing Duty of Care in State Negligence Claims Against Fundraising Entities Introduction In the landmark case of R.W. and C.W., Indi v. dually and as the Parents and Natural Guardians of L.W.,...

Interpretation of Section 511.2(1) of the Pennsylvania Workers' Compensation Act: Mandatory Timing Requirements for IRE Requests

Date: Dec 29, 2005

Interpretation of Section 511.2(1) of the Pennsylvania Workers' Compensation Act: Mandatory Timing Requirements for IRE Requests Introduction The case of Gardner v. Workers' Compensation Appeal Board...

Distinguishing Ineffective Assistance of Counsel Claims under Pennsylvania’s Post-Conviction Relief Act

Date: Dec 28, 2005

Distinguishing Ineffective Assistance of Counsel Claims under Pennsylvania’s Post-Conviction Relief Act Introduction In the landmark case of Commonwealth of Pennsylvania v. Ronald Collins, decided on...

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