Tag: Supreme Court of Pennsylvania
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Com v. Crispell: PCRA Petitions may be amended to add new claims, even if the new claims fall outside of the “one year” rule
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In an otherwise mundane PCRA affirmance, the Supreme Court of Pennsylvania ruled unanimously that a PCRA petitioner may move to amend his petition to add an additional claim, even if…
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Danganan v. Guardian Protective Services: UTPCPL violation need not be in Pennsylvania
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The Pennsylvania Supreme Court ruled unanimously in Danganan v. Guardian Protective Services that a violation of the Unfair Trade Practices Consumer Protection Law need not have occurred in Pennsylvania to…
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Com v. Fulton: Warrantless Cell Phone searches violate both Constitutions
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In a relatively-unsurprising re-affirmation of recent SCOTUS caselaw, the Supreme Court of Pennsylvania ruled 6-0 in Commonwealth v. Fulton that a warrantless search of a cell phone is unconstitutional and…
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League of Women Voters v. Commonwealth: The “Free and Equal Elections” Clause Prohibits Gerrymandering
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EDIT: The map has been released as promised by the Court, along with a brief opinion on February 19, re-outlining the views of the Court. We have included it here…
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Com v. DiMatteo: PCRA petitioner entitled to new sentence where SCOTUS change occurred before his sentence was final
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Commonwealth v. DiMatteo resolves an obscure overlap in sentencing rules in Pennsylvania, confirming that a Defendant is entitled to resentencing where he was not sentenced on his open plea before…
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County of Allegheny v. WCAB: Attorneys’ Fees Awarded cannot be refunded after successful appeal
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In a unanimous decision, the Supreme Court of Pennsylvania ruled in County of Allegheny v. Workers Compensation Appeal Board that an award of attorneys’ fees against an employer for an…
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ODC v. Pozonsky: Judge Who Stole Drugs for Recreational Is Disbarred
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It will qualify as the least surprising holding of the year: in Office of Disciplinary Counsel v. Pozonsky, the Supreme Court of Pennsylvania ruled 7-0 that a former Court of…
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Com v. Wholaver: PCRA death penalty appeal yields nothing of interest
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The unanimous Court rejected the arguments of a PCRA petitioner in Com v. Wholaver. As regular followers of the Court are aware, all death penalty cases result in a direct…
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Com v. $34,440: Proximity to Drugs presumption may be rebutted in forfeiture proceeding
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The Supreme Court of Pennsylvania continues its consideration of the powers of civil forfeiture in a 5-2 decision that the “proximity to drugs” presumption in civil forfeiture proceedings may be…
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Round-Up 12/7/17
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It’s always strange to wake up to find that TMZ is covering Pennsylania law. Coverage of Rapper Meek Mill’s curious case continues with calls for investigation into the trial judge who…