Constitutional Law

Legal Bytes: June 20, 2017

Legal Bytes: June 20, 2017

Legal Bytes — June 8, 2017

Legal Bytes -- June 8, 2017

Legal Bytes

Legal Bytes

Autopsy Report on Suspicious Death is Testimonial under Confrontation Clause

An autopsy report is testimonial evidence for purposes of the Confrontation Clause when the victim’s death was sudden, violent or suspicious, the Pennsylvania Superior Court held in Com. v. Brown.

By | 2017-05-19T22:51:21+00:00 May 20th, 2016|Categories: Constitutional Law, Criminal Law|Tags: , , , , , , , , , , , , , , , , , , |Comments Off on Autopsy Report on Suspicious Death is Testimonial under Confrontation Clause

Legislators Lack Standing to Intervene in Legal Challenge to Executive Order

State legislators lack standing to intervene in a challenge to an executive order concerning workers who provide in-home medical and personal care, the Pennsylvania Supreme Court held in Markham v. Wolf.

By | 2017-05-19T22:51:21+00:00 April 26th, 2016|Categories: Constitutional Law, Government Law|Tags: , , , , , , , , , , , , , , |Comments Off on Legislators Lack Standing to Intervene in Legal Challenge to Executive Order

Civil Forfeiture Claimants Entitled to Notice of Right to Counsel

Although civil forfeiture claimants are not entitled to court-appointed counsel, they must be notified of their right to obtain counsel, the Pennsylvania Commonwealth Court held in Com. v. Real Property and Improvements at 2338 N. Beechwood St.

By | 2017-05-19T22:51:21+00:00 April 6th, 2016|Categories: Constitutional Law, Criminal Law|Tags: , , , , , , , , , , , , , , , |Comments Off on Civil Forfeiture Claimants Entitled to Notice of Right to Counsel

Key Provision of Distressed School Law Struck as Unconstitutional Delegation of Legislative Power

A section of the Public School Code authorizing Philadelphia’s School Reform Commission to suspend provisions of the Charter School Law violates the non-delegation rule, the Pennsylvania Supreme Court ruled in West Phila. Achievement Charter Elem. Sch. v. Sch. Dist. of Phila.

Offense of Third-Degree Murder is Complete at Time of Assault, not Victim’s Death

A defendant convicted of murder must be sentenced under the statute in effect at the time of the assault rather than the death of the victim, the Pennsylvania Supreme Court held in Com. v. Rose

By | 2016-01-12T10:02:42+00:00 December 18th, 2015|Categories: Constitutional Law, Criminal Law, General|Tags: , , , , , , , , |Comments Off on Offense of Third-Degree Murder is Complete at Time of Assault, not Victim’s Death

Supreme Court Rejects Stale Constitutional Process Challenge to Wrongful Birth Statute

The passage of 22 years precluded a process challenge to an act containing provisions that barred causes of action for wrongful birth, the Pennsylvania Supreme Court held in Sernovitz v. Dershaw

By | 2015-12-01T13:23:41+00:00 December 8th, 2015|Categories: Constitutional Law, Government Law|Tags: , , , , , , , , , , |Comments Off on Supreme Court Rejects Stale Constitutional Process Challenge to Wrongful Birth Statute

Commonwealth Court Rejects “Forfeiture Entrapment” Defense

Using one’s vehicle as collateral in a drug deal at the insistence of law enforcement does not give rise to an entrapment defense to forfeiture of the vehicle, the Pennsylvania Commonwealth Court held in Com. v. Black 2009 Ford Mustang.

By | 2017-05-19T22:51:26+00:00 November 2nd, 2015|Categories: Administrative Law, Constitutional Law|Tags: , , , , , , , |Comments Off on Commonwealth Court Rejects “Forfeiture Entrapment” Defense