evidence

Legal Bytes

Legal Bytes

Legal Bytes

Amendments to Pa.R.A.P. 2572 on timing of movement of record on remand effective April 1, 2017.

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

Evidence of Prior DUI Conviction and DUI Education Class Admissible to Establish Driver’s Mens Rea

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.

By | 2017-05-19T22:51:21+00:00 May 18th, 2016|Categories: Criminal Law|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Evidence of Prior DUI Conviction and DUI Education Class Admissible to Establish Driver’s Mens Rea

Evidence of Decedent Pedestrian’s Intoxication Admissible in Negligence Action against Motorist

In a negligence action against a motorist who struck and killed a pedestrian, evidence of the decedent’s intoxication was admissible where corroborated by the defendant’s toxicology expert’s testimony, the Pennsylvania Superior Court decided in Coughlin v. Massaquoi.

By | 2017-05-19T22:51:21+00:00 April 8th, 2016|Categories: Civil Litigation|Tags: , , , , , , , , , , , , , , , , , , , |Comments Off on Evidence of Decedent Pedestrian’s Intoxication Admissible in Negligence Action against Motorist

No Fraud Exception to Confidential Spousal Communication Privilege

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.

By | 2015-10-26T10:51:08+00:00 October 29th, 2015|Categories: Criminal Law|Tags: , , , , , , , , , |Comments Off on Superior Court Strikes Philadelphia Local Rule on Deadline for Appealing Municipal Court Suppression Ruling

Parole Agents Authorized to Frisk Non-Parolees for Weapons

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.

By | 2017-05-19T22:51:26+00:00 October 13th, 2015|Categories: Criminal Law|Tags: , , , , , , , , , |Comments Off on Parole Agents Authorized to Frisk Non-Parolees for Weapons

Adult’s Allegations of Sexual Misconduct by Former Teacher not Protected by Judicial Privilege

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

By | 2015-08-28T11:00:27+00:00 August 31st, 2015|Categories: Civil Litigation|Tags: , , , , , , , |Comments Off on Adult’s Allegations of Sexual Misconduct by Former Teacher not Protected by Judicial Privilege