evidence

Parolee Subject to Custodial Interrogation on New Crimes Entitled to Miranda Warnings

Parole agents violated a parolee’s Fifth Amendment rights by interrogating him about new crimes while he was in custody, the Pennsylvania Supreme Court held in Com. v. Cooley, III.

By | 2017-05-19T22:51:28+00:00 July 6th, 2015|Categories: Constitutional Law, Criminal Law|Tags: , , , , , , , , , , , |Comments Off on Parolee Subject to Custodial Interrogation on New Crimes Entitled to Miranda Warnings

Court Upholds Suppression of Incriminating Video Files Discovered on Computer at Repair Shop

Applying a property-based Fourth Amendment analysis, the Superior Court recently held that incriminating video files discovered on a computer by a technician performing repairs could not be offered into evidence. Commonwealth v. Sodomsky

By | 2017-05-19T22:51:28+00:00 June 25th, 2015|Categories: Constitutional Law, Criminal Law|Tags: , , , , , , , |Comments Off on Court Upholds Suppression of Incriminating Video Files Discovered on Computer at Repair Shop

Dash Cam Video Reveals Police Officer Exceeded Lawful Scope of Terry Frisk

Drugs discovered in a suspect’s pocket during an initial pat-down should have been suppressed where the illegal nature of the evidence was not immediately apparent without further manipulation, the Superior Court ruled in Commonwealth v. Griffin.

By | 2015-05-26T11:13:52+00:00 May 28th, 2015|Categories: Criminal Law|Tags: , , , , , , |Comments Off on Dash Cam Video Reveals Police Officer Exceeded Lawful Scope of Terry Frisk

Evidence of Patient’s Consent to Treatment Inadmissible in Medical Negligence Action

Evidence that a patient affirmatively consented to treatment after being informed of the risks of that treatment is generally irrelevant to a cause of action sounding in medical negligence, the Pennsylvania Supreme Court ruled in Brady v. Urbas.

By | 2017-05-19T22:51:29+00:00 April 22nd, 2015|Categories: Civil Litigation, Health Law|Tags: , , , , , |Comments Off on Evidence of Patient’s Consent to Treatment Inadmissible in Medical Negligence Action

Supreme Court Settles Application of Evidentiary Presumption of Child Abuse in Dependency and Expungement Cases

The Superior Court erred in substituting its judgment for that of the trial court in determining whether a child suffered abuse and whether that abuse was perpetrated by the mother, the Pennsylvania Supreme Court held in In re L.Z..

By | 2017-05-19T22:51:29+00:00 April 20th, 2015|Categories: Administrative Law, Family Law|Tags: , , , , , |Comments Off on Supreme Court Settles Application of Evidentiary Presumption of Child Abuse in Dependency and Expungement Cases