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.
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.
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.
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.
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
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
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.
The Executive Director of the Office of Open Records (OOR) is not subject to the Governor’s constitutional power to remove his appointees at-will, the Pennsylvania Supreme Court held in Arneson v. Wolf.
Sharply Divided Supreme Court Holds that Officer Detained Motorist by Activating his Emergency Lights
A state trooper’s interaction with a motorist, which included activating his vehicle’s overhead lights as he approached her parked vehicle, constituted an investigative detention, the Pennsylvania Supreme Court held in Com. v. Barnes
Superior Court Upholds Mandatory Minimum Sentence for Violation of Sex Offender Registration Requirement
A mandatory minimum sentence imposed upon a convicted sex offender for failing to comply with a statutory registration requirement is constitutional, the Pennsylvania Superior Court held in Com. v. Pennybaker