Pennsylvania Supreme Court

Bare Assertion of Innocence Insufficient to Withdraw Guilty Plea Prior to Sentencing

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.

By | 2017-05-19T22:51:28+00:00 July 7th, 2015|Categories: Criminal Law|Tags: , , , |Comments Off on Bare Assertion of Innocence Insufficient to Withdraw Guilty Plea Prior to Sentencing

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

Mandatory Minimum Sentences for School Zone Drug Sales Ruled Unconstitutional

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.

By | 2017-05-19T22:51:28+00:00 July 1st, 2015|Categories: Constitutional Law, Criminal Law|Tags: , , , , , , , , |Comments Off on Mandatory Minimum Sentences for School Zone Drug Sales Ruled Unconstitutional

Contractor and Subcontractor Payment Act Not Applicable to Government Construction Projects

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 | 2017-05-19T22:51:28+00:00 June 30th, 2015|Categories: Government Law, Municipal Law|Tags: , , , , , , , |Comments Off on Contractor and Subcontractor Payment Act Not Applicable to Government Construction Projects

New Rule Allows Easier Access to Sheriff’s Sale Information

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.

By | 2015-06-19T11:56:36+00:00 June 22nd, 2015|Categories: Civil Litigation|Tags: , , , , |Comments Off on New Rule Allows Easier Access to Sheriff’s Sale Information

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)

By | 2017-05-19T22:51:28+00:00 June 15th, 2015|Categories: Workers' Compensation|Tags: , , , , , |Comments Off on Employer’s Obligation to Issue Notice of Ability to Return to Work Arises Only after Claimant is Entitled to Workers’ Compensation Benefits

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

By | 2017-05-19T22:51:28+00:00 June 12th, 2015|Categories: Constitutional Law, Criminal Law|Tags: , , , , , , , , |Comments Off on Invocation of Miranda-based Right to Counsel Must Occur in Close Temporal Proximity to Custodial Interrogation

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 | 2017-05-19T22:51:28+00:00 June 11th, 2015|Categories: Civil Litigation, Insurance|Tags: , , , , , , , |Comments Off on Ambiguous Employer’s Liability Exclusion in Tenant’s Umbrella Policy Not Applicable to Tenant’s Employee’s Personal Injury Claim

Amendments to Rules of Civil Procedure on Domestic Relations Matters

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.

Direct Supervision of Child Not Required for Conviction of Endangering Child’s Welfare

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.

By | 2017-05-19T22:51:29+00:00 May 20th, 2015|Categories: Criminal Law|Tags: , , , , , |Comments Off on Direct Supervision of Child Not Required for Conviction of Endangering Child’s Welfare