Pennsylvania Case Commentaries

Supreme Court of Pennsylvania Upholds Department of Corrections' Authority over Inmate Clothing Regulations

Date: Dec 24, 1998

Supreme Court of Pennsylvania Upholds Department of Corrections' Authority over Inmate Clothing Regulations Introduction The case of Elwood Small et al. v. Martin F. Horn, Secretary, Department of...

Revisiting Appellate Review Standards for Mandatory Minimum Sentencing: Commonwealth v. Myers (1998)

Date: Dec 24, 1998

Revisiting Appellate Review Standards for Mandatory Minimum Sentencing: Commonwealth v. Myers (1998) Introduction Commonwealth of Pennsylvania v. Deborah Ann Myers is a landmark decision by the...

Limitations on Commonwealth Court Jurisdiction Over Inmate Administrative Appeals in Pennsylvania

Date: Dec 23, 1998

Limitations on Commonwealth Court Jurisdiction Over Inmate Administrative Appeals in Pennsylvania Introduction The case Purcell Bronson v. Central Office Review Committee, decided by the Supreme...

Enhancing the Scope of Terry Frisk: Commonwealth v. Graham (1998)

Date: Dec 23, 1998

Limitations on the Plain View Doctrine in Terry Stops: Commonwealth v. Graham (1998) Introduction Commonwealth of Pennsylvania v. Durrell Graham is a seminal case adjudicated by the Supreme Court of...

Constitutional Validation of PCRA’s Time-Limits on Post-Conviction Relief: Commonwealth v. Otis Peterkin

Date: Dec 22, 1998

Constitutional Validation of PCRA’s Time-Limits on Post-Conviction Relief: Commonwealth v. Otis Peterkin Introduction Commonwealth of Pennsylvania v. Otis Peterkin is a landmark decision by the...

Judicial Assessment of Causation in Workers' Compensation Unaffected by Utilization Review Organization's Reasonableness Determinations

Date: Dec 17, 1998

Judicial Assessment of Causation in Workers' Compensation Unaffected by Utilization Review Organization's Reasonableness Determinations Introduction In the landmark case of Timothy Hoffmaster v....

Establishment of Duty to Warn in Mental Health Cases: Emerich v. Philadelphia Center for Human Development

Date: Nov 26, 1998

Establishment of Duty to Warn in Mental Health Cases: Emerich v. Philadelphia Center for Human Development Introduction The landmark case of Ronald B. Emerich, Administrator of the Estate of Teresa...

Robinson v. Commonwealth of Pennsylvania: Standards for Evidence Admissibility and Jury Instructions in Capital Sentencing

Date: Nov 25, 1998

Robinson v. Commonwealth of Pennsylvania: Standards for Evidence Admissibility and Jury Instructions in Capital Sentencing Introduction In the landmark case Commonwealth of Pennsylvania v. Antyane...

Pennsylvania Supreme Court Rules Punitive Damages Unavailable Under Human Relations Act in Hoy v. Angelone

Date: Nov 25, 1998

Pennsylvania Supreme Court Rules Punitive Damages Unavailable Under Human Relations Act in Hoy v. Angelone Introduction The case of Louise Hoy v. Dominick Angelone, Gregory Thomas, and Village Super...

Affirmation of Death Sentence in Commonwealth v. Baez: Comprehensive Legal Commentary

Date: Nov 24, 1998

Affirmation of Death Sentence in Commonwealth v. Baez: Comprehensive Legal Commentary Introduction Case Title: Commonwealth of Pennsylvania v. Orlando Baez, 554 Pa. 66 (1998) Court: Supreme Court of...

Establishing the Enforceable Right to Effective Post-Conviction Counsel in Pennsylvania: Commonwealth v. Albrecht

Date: Nov 24, 1998

Establishing the Enforceable Right to Effective Post-Conviction Counsel in Pennsylvania: Commonwealth v. Albrecht Introduction Commonwealth of Pennsylvania v. Alfred K. Albrecht, Sr., 554 Pa. 31...

Affirmation of Death Sentence in COMMONWEALTH v. RIOS: Accomplice Liability and Aggravating Factors in First-Degree Murder

Date: Nov 24, 1998

Affirmation of Death Sentence in COMMONWEALTH v. RIOS: Accomplice Liability and Aggravating Factors in First-Degree Murder Introduction Commonwealth of Pennsylvania v. Miguel Rios is a landmark case...

Affirmation of Post-Conviction Relief Denial in Commonwealth of Pennsylvania v. Mumia Abu-Jamal

Date: Oct 30, 1998

Affirmation of Post-Conviction Relief Denial in Commonwealth of Pennsylvania v. Mumia Abu-Jamal Introduction In the landmark case of COMMONWEALTH of Pennsylvania v. Mumia Abu-Jamal, the Supreme Court...

Preservation of Appellate Issues under Pa.R.Crim.P. 1410: Commonwealth of Pennsylvania v. Frank Lord

Date: Oct 29, 1998

Preservation of Appellate Issues under Pa.R.Crim.P. 1410: Commonwealth of Pennsylvania v. Frank Lord Introduction Commonwealth of Pennsylvania v. Frank Lord is a pivotal decision rendered by the...

Reaffirmation of Standards for Ineffective Assistance of Counsel and Brady Compliance in Post-Conviction Relief: Commonwealth v. Copenhefer

Date: Oct 6, 1998

Reaffirmation of Standards for Ineffective Assistance of Counsel and Brady Compliance in Post-Conviction Relief: Commonwealth v. Copenhefer Introduction In the landmark case of Commonwealth of...

Effective Assistance of Counsel in Capital Cases: Insights from Commonwealth of Pennsylvania v. Melvin K. Howard

Date: Oct 2, 1998

Effective Assistance of Counsel in Capital Cases: Insights from Commonwealth of Pennsylvania v. Melvin K. Howard Introduction Commonwealth of Pennsylvania v. Melvin K. Howard, 553 Pa. 266,...

Common Pleas Court's Authority Over Recount Petitions: Establishing Jurisdictional Defects in Verification

Date: Oct 1, 1998

Common Pleas Court's Authority Over Recount Petitions: Establishing Jurisdictional Defects in Verification Introduction The In re OPENING OF BALLOT BOXES, MONTOUR COUNTY, Pennsylvania, appeals by...

Protection Against Retaliatory Discharge for Workers' Compensation Claims Established in Pennsylvania

Date: Aug 21, 1998

Protection Against Retaliatory Discharge for Workers' Compensation Claims Established in Pennsylvania Introduction The case of David L. Shick v. Donald L. Shirey Lumber serves as a landmark decision...

Personal Privacy Expectation Required for Standing in Search and Seizure Cases: Commonwealth v. Hawkins

Date: Aug 20, 1998

Personal Privacy Expectation Required for Standing in Search and Seizure Cases: Commonwealth v. Hawkins Introduction In the landmark case of Commonwealth of Pennsylvania v. Raphieal Lamon Hawkins,...

KITUSKIE v. CORBMAN: Establishing the Relevance of Collectibility in Legal Malpractice Actions

Date: Aug 8, 1998

KITUSKIE v. CORBMAN: Establishing the Relevance of Collectibility in Legal Malpractice Actions Introduction KITUSKIE v. CORBMAN, et al., 552 Pa. 275 (1998), marks a significant milestone in...