Pennsylvania Superior Court

Common Law Infancy Defense Remains Viable in Criminal Prosecutions for Conduct Committed before age 14

The common law defense of infancy remains applicable in criminal proceedings where the defendant is being prosecuted for conduct committed before the age of 14, the Pennsylvania Superior Court ruled in Com. v. Martz.

By | 2017-05-19T22:51:28+00:00 July 16th, 2015|Categories: Criminal Law, Juvenile Law|Tags: , , , , , , |Comments Off on Common Law Infancy Defense Remains Viable in Criminal Prosecutions for Conduct Committed before age 14

Sender of Incriminating Text Messages to Informant’s Tablet Computer Lacked Reasonable Expectation of Privacy

A defendant lacked a reasonable expectation of privacy in the contents of a text message conversation he had with a police informant, the Pennsylvania Superior Court held in Com. v. Diego.

By | 2017-05-19T22:51:28+00:00 July 13th, 2015|Categories: Criminal Law|Tags: , , , , , , , , , |Comments Off on Sender of Incriminating Text Messages to Informant’s Tablet Computer Lacked Reasonable Expectation of Privacy

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

Records Produced by Hospital for Government Investigation not Protected by Peer Review Privilege

Documents and communications generated by a hospital during a governmental agency’s investigation of a failed medical procedure are not protected from discovery by the Pennsylvania Peer Review Protection Act, 63 P.S. §425.1 et seq., the Superior Court held in Yocabet v. UPMC Presbyterian and University of Pittsburgh Physicians

By | 2017-05-19T22:51:28+00:00 June 24th, 2015|Categories: Civil Litigation, Health Law|Tags: , , , , , , |Comments Off on Records Produced by Hospital for Government Investigation not Protected by Peer Review Privilege

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

Bifurcation of Wrongful Death and Survival Actions for Arbitration Not Required

Wrongful death and survival actions do not have to be bifurcated to permit arbitration of the survival action, the Superior Court held in Taylor v. Extendicare Health Facilities, Inc..

By | 2015-04-21T15:05:03+00:00 May 4th, 2015|Categories: Alternative Dispute Resolution (ADR), Civil Litigation|Tags: , , , , |Comments Off on Bifurcation of Wrongful Death and Survival Actions for Arbitration Not Required

Defective Warrant No Bar to Admissibility of Electronic Evidence Seized from Defendant’s Cell Phone

Electronic evidence seized from a defendant’s cell phone was admissible even though the magisterial district judge lacked authority to issue the search warrant, the Superior Court held in Commonwealth v. Dougalewicz.

Two-Year Statute of Limitations for Asbestos-Related Wrongful Death Action Commences on Date of Diagnosis

All actions for injury or death related to asbestos are subject to a two-year statute of limitations that commences when the afflicted person is diagnosed with asbestos-related disease, the Pennsylvania Superior Court held in Wygant v. General Electric Co.

By | 2017-05-19T22:51:29+00:00 April 27th, 2015|Categories: Civil Litigation|Tags: , , , , |Comments Off on Two-Year Statute of Limitations for Asbestos-Related Wrongful Death Action Commences on Date of Diagnosis

Orphans’ Court Order Directing Executor Not to Sell Real Estate Quashed as Interlocutory

An order directing the executor of an estate not to sell real estate assets is interlocutory and not appealable, the Superior Court held in Estate of Cherry

By | 2017-05-19T22:51:29+00:00 April 21st, 2015|Categories: Estate Planning and Administration|Tags: , , , , , |Comments Off on Orphans’ Court Order Directing Executor Not to Sell Real Estate Quashed as Interlocutory