In Commonwealth v. Bagnall, the Supreme Court vacated Bagnall’s murder conviction, ruling that his due process was violated when the prosecution failed to disclose a cooperation agreement between the DA’s Office, which, due to a conflict of interest recused itself, and a key witness. The Court imputed the Office of Attorney General, which prosecuted the … Read more
In Commonwealth v. Nevels, the Supreme Court held that the statute criminalizing retaliation against a witness applies to retaliation against a witness or victim in either a civil or criminal matter.
In Johnson v. Phelan Hallinan & Schmieg, LLP, the Supreme Court held that the 2008 amendments to the Pennsylvania Loan Interest & Protection Law — which govern residential mortgages — do not apply retroactively to mortgages executed before the amendments took effect.
In Commonwealth v. Reid, is one of several similar cases that have passed through the Supreme Court involving former Chief Justice Castille’s role as the elected DA of Philadelphia. In Reid’s case, the Court determined that the PCRA court did not have jurisdiction to reinstate Reid’s nunc pro tunc right to appeal. The Court found … Read more
The Superior Court reversed the trial court’s order, which granted summary judgment, ruling that the plaintiff was entitled to equitable tolling of the statute of limitations based on “affirmative misrepresentation or fraudulent concealment of the cause of death.”
The PA Supreme Court held that the recording on the jail phone warning Byrd’s conversation “may be monitored or recorded,” and that he spoke on the phone after the recorded warning, satisfied the mutual consent exception to the Wiretap Act.
In Lowman v. Unemployment Board of Review, the Supreme Court confronted an important issue in the gig economy: Is an Uber driver self-employed and thus ineligible for unemployment benefits? According the the Supreme Court, under the two-factor test in section 753(I)(2)(B), the petitioner was not self-employed and is eligible for benefits.
In a rare unanimous opinion, the Supreme Court ruled that a provision in a property settlement agreement between divorcing spouses directing a spouses municipal pension to be transferred once paid out to the beneficiary from the provider is an enforceable contract provision under the Police Pension Fund Law, Municipal Police Pension Law an the Municipal … Read more
The Supreme Court vacated King’s sentence, holding that he entered into one agreement with his co-conspirator to murder the victim and, because he failed in his attempt to do so, King could not be sentenced to serve separate terms for the inchoate crimes of conspiracy and attempt.
The Supreme Court determined that Mother failed to demonstrate Decedent was a dependent child – and concomitantly, that Father had a duty of care – as required to secure forfeiture of Father’s share in Decedent’s estate.