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.
Evidence of a prior DUI conviction and participation in a DUI education program is admissible as inferential evidence of a driver’s state of mind, the Pennsylvania Superior Court held in Com. v. Diehl.
There is no fraud exception to Pennsylvania’s civil spousal communication privilege, the Superior Court held in CAP Glass, Inc. v. Coffman.
Superior Court Strikes Philadelphia Local Rule on Deadline for Appealing Municipal Court Suppression Ruling
A Philadelphia local rule imposing a 15-day deadline to appeal a municipal court’s suppression ruling is void and unenforceable, the Pennsylvania Superior Court decided in Com. v. Williams.
A parole agent may perform a protective frisk of a person present during a routine check of a parolee’s approved residence if the agent reasonably suspects that person is armed and dangerous, the Pennsylvania Superior Court held in Com. v. Mathis.
An adult’s allegation of sexual misconduct against her former teacher was not judicially privileged because she made the allegation prior to commencement of a quasi-judicial proceeding and without intent that such a proceeding occur, the Pennsylvania Supreme Court held in Schanne v. Addis
The Commonwealth is under no obligation to prepare written transcripts of videotaped victim interviews for a criminal defendant, the Pennsylvania Superior Court held in Com. v. Robinson
The Commonwealth could not elicit testimony about private incriminating conversations between a criminal defendant and his wife, an en banc Pennsylvania Superior Court panel held in Com. v. Davis
On July 30, 2015, the Pennsylvania Supreme Court ordered a revision of the Comment to Pennsylvania Rule of Evidence 409 (Offers to Pay Medical and Similar Expenses).