Pennsylvania Superior Court

Superior Court Upholds Legality of Surrogacy Agreements in Pennsylvania

Gestational surrogacy agreements are not void as against public policy in Pennsylvania and can be used to create parentage of a child, the Pennsylvania Superior Court held in In Re: Baby S

By | 2017-05-19T22:51:26+00:00 December 8th, 2015|Categories: Family Law|Tags: , , , , , , , , , , , , , , , , |Comments Off on Superior Court Upholds Legality of Surrogacy Agreements in Pennsylvania

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

Murder of Unborn Child is not “Murder” for Purposes of Third-Degree Murder Sentence Enhancer

A statute mandating a life sentence for a defendant previously convicted of “murder” is not triggered by the defendant’s murder of an unborn child, the Pennsylvania Superior Court held in Com. v. Haynes.

By | 2017-05-19T22:51:26+00:00 October 27th, 2015|Categories: Criminal Law|Tags: , , , , , , , |Comments Off on Murder of Unborn Child is not “Murder” for Purposes of Third-Degree Murder Sentence Enhancer

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

District Attorney’s Office not Disqualified by Public Defender-Turned ADA’s Prior Representation of Criminal Defendant

An assistant district attorney’s prior representation of a criminal defendant did not warrant disqualification of the entire district attorney’s office, the Pennsylvania Superior Court ruled in Com. v. Ford.

By | 2015-09-23T13:17:39+00:00 September 28th, 2015|Categories: Criminal Law, Ethics|Tags: , , , , , , , , , |Comments Off on District Attorney’s Office not Disqualified by Public Defender-Turned ADA’s Prior Representation of Criminal Defendant

Superior Court Relaxes Level of Diligence Required of Late Pro Se PCRA Petitioner Asserting After-Discovered Facts

The presumption of access to information available in the public domain does not apply to an untimely pro se petitioner under the Post Conviction Relief Act (PCRA), an en banc panel of the Pennsylvania Superior Court held in Com. v. Burton.

By | 2017-05-19T22:51:27+00:00 September 25th, 2015|Categories: Criminal Law|Tags: , , , , , , , , , , , , , |Comments Off on Superior Court Relaxes Level of Diligence Required of Late Pro Se PCRA Petitioner Asserting After-Discovered Facts

Commonwealth not Required to Provide Written Transcripts of Crime Victims’ Video Interviews

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

By | 2015-08-12T12:01:59+00:00 August 20th, 2015|Categories: Criminal Law, General|Tags: , , , , , , |Comments Off on Commonwealth not Required to Provide Written Transcripts of Crime Victims’ Video Interviews

Marital Privilege not Subject to Crime Fraud Exception in Criminal Cases

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

By | 2015-08-12T12:01:03+00:00 August 18th, 2015|Categories: Criminal Law, General|Tags: , , , , , , , , |Comments Off on Marital Privilege not Subject to Crime Fraud Exception in Criminal Cases

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

By | 2017-05-19T22:51:27+00:00 August 17th, 2015|Categories: Constitutional Law, Criminal Law, General|Tags: , , , , , , , |Comments Off on Superior Court Upholds Mandatory Minimum Sentence for Violation of Sex Offender Registration Requirement

Superior Court Defines Statute of Limitations for Declaratory Judgment on Insurer’s Duty to Defend and Indemnify

The statute of limitations for a declaratory judgment action brought by an insurance company regarding its duty to defend and indemnify begins to run when a cause of action for a declaratory judgment arises, an en banc Superior Court panel held in Selective Way Ins. Co. v. Hospitality Group Services, Inc..

By | 2015-07-27T14:40:49+00:00 August 3rd, 2015|Categories: Civil Litigation, Insurance|Tags: , , , , , , |Comments Off on Superior Court Defines Statute of Limitations for Declaratory Judgment on Insurer’s Duty to Defend and Indemnify