Pennsylvania Case Commentaries

Ineffective Assistance of Counsel Affirmed in COMMONWEALTH v. RIOS

Date: Apr 19, 2007

Ineffective Assistance of Counsel Affirmed in COMMONWEALTH v. RIOS Introduction Commonwealth of Pennsylvania v. Miguel Rios, decided on April 18, 2007, by the Supreme Court of Pennsylvania, is a...

Subject Matter Jurisdiction Affirmed in Commonwealth of Pennsylvania v. Jeffrey Jones

Date: Mar 29, 2007

Subject Matter Jurisdiction Affirmed in Commonwealth of Pennsylvania v. Jeffrey Jones Introduction Commonwealth of Pennsylvania v. Jeffrey Jones is a pivotal case adjudicated by the Supreme Court of...

Commonwealth v. Judge: Upholding the Non-Enforceability of ICCPR Claims in Pennsylvania State Courts

Date: Feb 22, 2007

Commonwealth v. Judge: Upholding the Non-Enforceability of ICCPR Claims in Pennsylvania State Courts Introduction Commonwealth of Pennsylvania v. Roger Judge, 591 Pa. 126 (2007), is a pivotal case...

Bruton Violation and Duress Defense in Commonwealth of Pennsylvania v. Markman

Date: Feb 22, 2007

Bruton Violation and Duress Defense in Commonwealth of Pennsylvania v. Markman Introduction In the landmark case of Commonwealth of Pennsylvania v. Beth Ann Markman, the Supreme Court of Pennsylvania...

Entry of Written Decision Triggers Thirty-Day Appeal Period in Pennsylvania Land Use Cases

Date: Feb 21, 2007

Entry of Written Decision Triggers Thirty-Day Appeal Period in Pennsylvania Land Use Cases Introduction The case of Narberth Borough v. Lower Merion Township explores the critical issue of timing for...

Affirmation of Death Penalty: Jurisdiction and Evidentiary Standards in Commonwealth v. Eichinger

Date: Feb 21, 2007

Affirmation of Death Penalty: Jurisdiction and Evidentiary Standards in Commonwealth v. Eichinger Introduction Commonwealth of Pennsylvania v. John Charles Eichinger, 591 Pa. 1 (2007), is a pivotal...

Hopton v. RAG (Cyprus) Emerald Resources: Defining Abnormal Work Conditions in Cases of Harassment and Aggravated PTSD

Date: Jan 12, 2007

Hopton v. RAG (Cyprus) Emerald Resources: Defining Abnormal Work Conditions in Cases of Harassment and Aggravated PTSD Introduction The case of Hopton v. RAG (Cyprus) Emerald Resources addresses the...

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

Date: Dec 30, 2006

Reaffirming Standards for Ineffective Assistance of Counsel in Post-Conviction Relief: Commonwealth v. Damon Jones Introduction Commonwealth of Pennsylvania v. Damon Jones is a pivotal case...

Limits on Superior Court's Authority to Sua Sponte Remove Sentencing Judges: Commonwealth v. Whitmore

Date: Dec 30, 2006

Limits on Superior Court's Authority to Sua Sponte Remove Sentencing Judges: Commonwealth v. Whitmore Introduction In Commonwealth of Pennsylvania v. Raheem Whitmore (590 Pa. 376), the Supreme Court...

Construction Managers' Duty of Care: FARABAUGH v. PENNSYLVANIA TURNPIKE COMMISSION

Date: Dec 29, 2006

Construction Managers' Duty of Care: FARABAUGH v. PENNSYLVANIA TURNPIKE COMMISSION Introduction In the pivotal case of FARABAUGH v. PENNSYLVANIA TURNPIKE COMMISSION, the Supreme Court of Pennsylvania...

Reaffirmation of Layered Ineffective Assistance of Counsel Standards Under Pennsylvania's PCRA: Commonwealth v. Carson

Date: Dec 28, 2006

Reaffirmation of Layered Ineffective Assistance of Counsel Standards Under Pennsylvania's PCRA: Commonwealth v. Carson Introduction Commonwealth of Pennsylvania v. Samuel Carson is a pivotal case...

Enhancing Appellate Review Standards in SVP Classifications: Commonwealth of Pennsylvania v. Daniel Meals

Date: Dec 28, 2006

Enhancing Appellate Review Standards in SVP Classifications: Commonwealth of Pennsylvania v. Daniel Meals Introduction The case of COMMONWEALTH of Pennsylvania v. Daniel Meals (590 Pa. 110), decided...

Single Enhancement Per Criminal Episode Under Pennsylvania’s Three Strikes Law – Commonwealth v. McClintic

Date: Nov 23, 2006

Single Enhancement Per Criminal Episode Under Pennsylvania’s Three Strikes Law Introduction In the landmark case Commonwealth of Pennsylvania v. John McClintic, the Supreme Court of Pennsylvania...

Federal Rail Safety Act Preempts Pennsylvania's Blocked Crossing Statute: A Landmark Decision

Date: Nov 22, 2006

Federal Rail Safety Act Preempts Pennsylvania's Blocked Crossing Statute: A Landmark Decision Introduction The Supreme Court of Pennsylvania delivered a pivotal judgment in the case of Jerry and...

Insurer's Duty to Defend Based Solely on Complaint Allegations: Kvaerner Metals Division v. Commercial Union Insurance Company

Date: Oct 26, 2006

Insurer's Duty to Defend Based Solely on Complaint Allegations: Kvaerner Metals Division v. Commercial Union Insurance Company Introduction The case of Kvaerner Metals Division of Kvaerner U.S., Inc....

Res Ipsa Loquitur Reinforced in Medical Malpractice: Quinby v. Plumsteadville Family Practice

Date: Oct 19, 2006

Res Ipsa Loquitur Reinforced in Medical Malpractice: Quinby v. Plumsteadville Family Practice Introduction In the landmark case of Patricia Quinby, Executrix of the Estate of John Quinby, Deceased v....

Preemption of State Tort Claims by the Bankruptcy Code: Insights from Stone Crushed Partnership v. Kassab Archbold Jackson O'Brien

Date: Oct 18, 2006

Preemption of State Tort Claims by the Bankruptcy Code: Insights from Stone Crushed Partnership v. Kassab Archbold Jackson O'Brien Introduction The case of Stone Crushed Partnership and Robert James...

Strict Adherence to Certificate of Merit Requirements in Professional Liability Actions: Insights from WOMER v. HILLIKER

Date: Oct 18, 2006

Strict Adherence to Certificate of Merit Requirements in Professional Liability Actions: Insights from WOMER v. HILLIKER Introduction The case Garth Womer v. Jan K. Hilliker, M.D. adjudicated by the...

Conditional Granting of Special Exceptions in Zoning Applications: Broussard v. Zoning Board of Adjustment of Pittsburgh

Date: Oct 5, 2006

Conditional Granting of Special Exceptions in Zoning Applications: Broussard v. Zoning Board of Adjustment of Pittsburgh Introduction Broussard v. Zoning Board of Adjustment of the City of Pittsburgh...

Affirmation of Death Sentence in Commonwealth v. Solano: Interpretation of Rule 600 in Capital Cases

Date: Sep 28, 2006

Affirmation of Death Sentence in Commonwealth v. Solano: Interpretation of Rule 600 in Capital Cases Introduction Commonwealth of Pennsylvania v. Raymond Solano is a pivotal case decided by the...