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  • Commonwealth v. Smith

    Publication Date: 2024-11-15
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 92 MAP 2021

    Appellant appealed an order of the Superior Court affirming the trial court's judgment of sentence entered on her convictions for murder and related crimes. The court affirmed, holding that appellant suffered no violation of her Confrontation Clause rights where the trial court admitted into evidence a redacted confession by her non-testifying co-defendant boyfriend, accompanied by a proper cautioning instruction to the jury.

  • Genser v. Butler County Bd. of Elections

    Publication Date: 2024-11-15
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 26 WAP 2024

    Mail ballots not contained in secrecy envelopes were void, thus entitling voters who had failed to comply with the secrecy envelope requirement to have their provisional ballots counted. Order of the commonwealth court affirmed.

  • Commonwealth v. Strunk

    Publication Date: 2024-11-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 96 MAP 2023

    Mere physical touching was insufficient to support conviction for unlawful contact with a minor where legislative history of the statute indicated the legislature intended to outlaw verbal or written communication with a minor intended to facilitate an illegal sex act or other unlawful activity. Order of the superior court vacated.

  • In re: The Thirtieth County Investigating Grand Jury

    Publication Date: 2024-11-15
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 15 EM 2022

    Grand jury report did not constitute a "report" eligible for publication where it failed to specifically identify "unlawful activity" committed by named, unindicted individuals, all of whom were entitled to notice and an opportunity to be heard before any publication of a grand jury report could occur. Order of the supervising judge vacated, case remanded.

  • Office of Disciplinary Counsel v. Pisanchyn

    Publication Date: 2024-11-08
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2914 DD3

    Disciplinary Board's imposition of discipline, based upon the preparation and presentation of a fee petition in federal court on behalf of respondent's law firm's clients reversed. The court found that Pennsylvania Rules of Professional Conduct 1.5 and 8.4(d) did not apply to these circumstances. The petition for discipline was dismissed.

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    Lancaster County & Berks County Court Rules 2024

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  • Commonwealth v. Lear

    Publication Date: 2024-11-08
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 90 MAP 2023

    Pandemic-related court shutdowns did not constitute "judicial delay" requiring the commonwealth to demonstrate due diligence in bringing defendant to trial. Order of the superior court vacated, case remanded.

  • Martin v. Donegal Twp.

    Publication Date: 2024-11-08
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 24 WAP 2023

    Township petitioners appealed the Commonwealth Court's decision reversing the trial court's dismissal of an election challenge. The court reversed, holding that the township's application of Second Class Township Code Section 402(e) to reduce its board of supervisors from five members to three did not result in the unconstitutional "removal" of a board member whose term was shortened as a result.

  • Commonwealth v. Jones

    Publication Date: 2024-11-08
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 31 EAP 2021

    Court ruled that co-defendant's statement violated defendant's Confrontation Clause rights where redactions, in light of the commonwealth's presentation of the case, were insufficient to prevent the jury from understanding that the statement referred to defendant. Order of the superior court reversed, case remanded.

  • Commonwealth v. Yard

    Publication Date: 2024-10-25
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 11 MM 2023

    "Proof evidence or presumption great" standard of proof only applied to the dangerousness exception to the constitutional right to bail, not to the capital punishment or life imprisonment exceptions. Order of the trial court vacated, case remanded.

  • Commonwealth v. Rivera

    Publication Date: 2024-10-25
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 800 CAP

    Court vacated PCRA court's determination where it made a cursory analysis of whether petitioner met the newly discovered facts exception to the PCRA time bar. Order of the PCRA court vacated, case remanded.