A defendant’s claim of innocence must be plausible in order to constitute a fair and just reason for a presentence withdrawal of a guilty plea, the Pennsylvania Supreme Court held in Com. v. Carrasquillo.
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.
A Crimes Code provision mandating a minimum prison sentence of two years upon a conviction for selling drugs in a “drug-free school zone” is unconstitutional, the Pennsylvania Supreme Court held in Com. v. Hopkins.
Pennsylvania’s Contractor and Subcontractor Payment Act (CASPA), 73 P.S. §§501-516, does not apply to a construction project where the owner is a governmental entity, the Pennsylvania Supreme Court decided in Clipper Pipe & Service, Inc. v. Ohio Cas. Ins. Co.
By order dated May 29, 2015, the Pennsylvania Supreme Court amended Rule 3136 of the Pennsylvania Rules of Civil Procedure governing distribution of proceeds from sheriff’s sales.
Employer’s Obligation to Issue Notice of Ability to Return to Work Arises Only after Claimant is Entitled to Workers’ Compensation Benefits
Where an injured employee had not yet received workers’ compensation benefits at the time alternative employment was offered to her, her employer had no duty to issue a notice of ability to return to work under Section 306(b) of the Workers’ Compensation Act, the Pennsylvania Supreme Court held in Sch. Dist. of Phila. v. WCAB (Hilton)
Invocation of Miranda-based Right to Counsel Must Occur in Close Temporal Proximity to Custodial Interrogation
An arrestee’s anticipatory invocation of his Fifth Amendment right to counsel did not require suppression of statements he made during a subsequent uncounseled interrogation, the Pennsylvania Supreme Court ruled in Commonwealth v. Bland
Ambiguous Employer’s Liability Exclusion in Tenant’s Umbrella Policy Not Applicable to Tenant’s Employee’s Personal Injury Claim
An ambiguous employer’s liability exclusion in an umbrella commercial liability policy pertained only to claims asserted by employees of “the insured” against whom the claim was directed, the Pennsylvania Supreme Court held in Mut. Benefit Ins. Co. v. Politsopoulos
By order dated May 6, 2015, the Pennsylvania Supreme Court announced amendments to several Rules of Civil Procedure in domestic relations matters. New Rule 1920.17 governs the discontinuance and withdrawal of a divorce complaint or claim of equitable distribution.
The crime of endangering the welfare of children does not require direct supervision of a child, only supervision of the child’s welfare, the Pennsylvania Supreme Court held in Commonwealth v. Lynn.