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  • Commonwealth v. H.D.

    Publication Date: 2021-04-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0361

    Person accused of interference with custody of children only needed honest belief, rather than a reasonable belief, to invoke statutory necessity defense to the charge. Order of the superior court affirmed.

  • Commonwealth v. Johnson

    Publication Date: 2021-04-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0362

    Both summary and greater criminal offenses from same criminal incident in a single judicial district were required to be heard together in the common pleas court, rather than having summary offenses heard in municipal court and greater offenses heard separately in county courts. Order of the superior court reversed, case remanded for dismissal.

  • In re: Appeal of Coatesville Area Sch. Dist.

    Publication Date: 2021-02-01
    Practice Area: Civil Procedure
    Industry: Education | State and Local Government
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0093

    The commonwealth court's unusual application of both res judicata and collateral estoppel concepts in this case was not warranted where the application did not serve to shield a party or the court from repetitive or abusive litigation, but instead thwarted a party's substantive appellate rights. The high court vacated and remanded.

  • Commonwealth v. Middaugh

    Publication Date: 2021-02-01
    Practice Area: Administrative Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0109

    Commonwealth court properly found PennDOT was precluded from suspending appellee's driving privileges based on a DUI conviction, where there was a lengthy delay between conviction and when the driver was notified of the suspension, on due process grounds. Affirmed.

  • Clark v. Stover

    Publication Date: 2021-01-04
    Practice Area: Legal Malpractice
    Industry: Legal Services
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1436

    In this professional liability action grounded on alleged attorney malpractice, the state's high court denied plaintiffs' request to adopt the continuous representation rule to toll pertinent statutes of limitations, reasoning that statutes of limitations are legislative in nature. The high court affirmed the decision below.

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  • Commonwealth v. Chmiel

    Publication Date: 2020-11-02
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1181

    While the high court expressed "substantial concerns" about the appropriate use of microscopic hair comparison analysis in the courtroom, it declined to use this case as a vessel to categorically disapprove microscopic hair comparison analysis and bar it from the courtroom. The high court affirmed an order denying defendant PCRA relief.

  • In re: Consolidated Appeals of Chester-Upland Sch. Dist.

    Publication Date: 2020-10-12
    Practice Area: Tax
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1106

    Income from lease of land to billboard companies could be included in calculation of fair market valuation of property for local property tax assessment, as it did not improperly capture the excluded value of the billboard and support structures. Order of the commonwealth court affirmed.

  • Johnson v. Wetzel

    Publication Date: 2020-10-12
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1111

    Commonwealth court properly dismissed appellant's claims relating to negligence in his action asserting a due process challenge to act 84 deductions from his inmate account but erred in dismissing appellant's due process claim because relief was available to inmates whose first deduction was made before Montanez v. Secretary Pa. DOC, 773 F.3d 472, and Bundy v. Wetzel, 646 Pa. 248, were decided. Affirmed in part and vacated in part.

  • Commonwealth v. Nevels

    Publication Date: 2020-09-07
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0968

    Retaliation against witness statute was not limited solely to witnesses in civil matters where statute originally only protected victims and witnesses in criminal proceedings and it was illogical for the legislature to remove such protections when amending the statute to extend protection to parties in civil matters. Judgment of the superior court affirmed.

  • Commonwealth v. Wolfel

    Publication Date: 2020-08-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0878

    The commonwealth waived its challenge to defendant's failure to raise a claim under Article I, Section 8 of the Pennsylvania Constitution by failing to challenge the suppression court's explicit invocation of that provision before the intermediate court. The high court reversed and remanded.