Author: Joel Ready
-
In re DCD: Best Interests of a Juvenile Delinquent Beat out Concerns over Community Welfare
Written by
on
DCD, a ten-year-old child with a low IQ, was adjudicated delinquent after sexually assaulting his younger sister. Several sexual assaults followed as DCD was moved from facility to facility and…
-
Burke v. Independence Blue Cross: Legislature intended autism treatment to be offered in schools
Written by
on
The Autism Coverage Law requires insurance companies to provide coverage for autism treatment under certain group plans. One coverage specifically included in the statute is “applied behavioral analysis” (“ABA”). However,…
-
Coughlin v. Massaquoi: No per se Requirement for Corroborating Evidence before BAC is admissible in a civil case
Written by
on
When is blood alcohol content (BAC) admissible in a civil case to prove negligence (including contributory negligence)? In the context of a car accident, the Supreme Court of Pennsylvania has…
-
Com v. Jacoby: Capital Appeal: Introduction of unconstitutionally seized murder weapon evidence was harmless error
Written by
on
The opening paragraph of this case read like an Alfred Hitchcock screenplay. The police received a call that originated from Monica Schmeyer’s residence . . . When the police arrived,…
-
Lomas v. Kravitz: Motion for Recusal should be made immediately, if not sooner
Written by
on
The Pennsylvania Supreme Court ruled in Lomas v. Kravitz that a motion for recusal must be made as soon as the facts on which the motion is based come to…
-
Rancosky v. Washington Nat’l Ins. Co: Terletsky standard prevails for bad faith claims
Written by
on
The Pennsylvania Supreme Court adopted the Superior Court’s Terletsky v. Prudential Property & Cas. Ins. Co. standard for determining bad faith, ruling that no evidence of ill-will is required, nor is there a…
-
Green Party v. Department of State Bureau of Commission, Elections and Legislation: A long name for a nothing-burger
Written by
on
The Supreme Court of Pennsylvania rules that filing late for a special election cannot be excused. 25 P.S. § 2779 requires that a political party putting forth a candidate for…
-
Com v. Aikens: Trial Court’s Instruction Gives Insight into Jury’s Findings
Written by
on
18 Pa.C.S. § 6318 criminalizes “Unlawful Contact with a Minor.” One might think of this statute as an inchoate for the entire child-sexual-victimizing portion of the criminal code. If a…
-
Com v. Packer: DUI on immediate and debilitating intoxicants satisfies mens rea for third-degree murder
Written by
on
In Commonwealth v. Packer, the Pennsylvania Supreme Court rules that the choice to drive immediately after and while huffing difluoroethane (DFE) intoxicants that are known to render the user unconscious…
-
Blake v. State Civil Service Commission: “Soldier” under state hiring preference law may not mean the same thing as it does to the Department of Defense
Written by
on
In Blake v. State Civil Service Commission, the Pennsylvania Supreme Court ruled that a West Point cadet who did not complete his training is not a “soldier” entitled to hiring…