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Allocatur granted Dec. 29, 2021. Are GPS Records Hearsay?
The Pennsylvania Supreme Court will consider whether GPS location records are inadmissible as hearsay.
Allocatur granted Dec. 15, 2021. Admissibility of Co-defendant’s Redacted Statement.
The Supreme Court will consider whether Superior Court erred in affirming the trial court’s admission of the redacted statement of a co-defendant notwithstanding the Pennsylvania Supreme Court decisions in Commonwealth v. Rainey, 928 A.2d 216 (Pa. 2007) and Commonwealth v. Johnson, 378 A.2d 859 (Pa. 1977), which interpreted Bruton v. United States, 391 U.S. 123 (1968).
Allocatur granted Nov. 17, 2021. Adult Jurisdiction over Crimes Committed as a Juvenile
The court granted allocatur to consider whether the trial court erred in trying an individual as an adult for crimes committed and first reported when the person was a juvenile.
Allocatur granted Nov. 16, 2021. Whistleblower Law; Causation.
The Supreme Court will consider the evidence of causation required to make a prima facie case under the Whistleblower law.
Allocatur granted Nov. 10, 2021. Dismissal of Charges pursuant to Section 7403(e) of the Mental Health Procedures Act
The Pennsylvania Supreme Court will examine the dismissal of criminal charges pursuant to 50 P.S. § 7403(e) of the Mental Health Procedures Act (“MHPA”), 50 P.S. § 71701, et. seq.
Allocatur granted Nov. 3, 2021. Pre-Approval of School District Transportation Plans by PDE
The Pennsylvania Supreme Court will consider whether 22 Pa. Code § 23.2 requires school districts to obtain advance approval from the Pennsylvania Department of Education of pupil transportation plans and transportation services contracts.
Allocatur granted Nov. 3, 2021. Zoning; De Facto Exclusion Following Enactment of Ordinance
The Supreme Court granted allocatur in this case involving a validity challenge to the Charlestown Township Zoning Ordinance on the basis it effectuated a de facto exclusion of outdoor advertising billboards from within the limits of the Township.
Allocatur granted Nov. 2, 2021. Environmental Law; Hazardous Sites Cleanup Act; De Facto Taking; Pa Const. Art. I, Sec. 27
The Pennsylvania Supreme Court granted allocatur to consider the Commonwealth Court’s conclusion that the Board exceeded its authority in rescinding Gibraltar’s permits based on DEP’s inaction and that such rescission effectuated a taking of Gibraltar’s lawful use of its land without due process of law.
Allocatur granted Oct. 26, 2021. Admission of Non-Testifying Co-Defendant’s Redacted Statement
The Pennsylvania Supreme Court will consider whether a non-testifying co-defendant’s redacted statement violates an accused’s right to confront witnesses.
Allocatur granted Oct. 5, 2021. Aiding and Abetting Fraud; Actual Knowledge
The court granted allocatur to consider whether aiding and abetting fraud is an actionable tort, whether actual knowledge is required to satisfy the elements of the tort; and whether the trial court erred in failing to recognize that the jury’s no-liability finding necessarily barred relief.
Allocatur granted Oct. 5, 2021. Clean Streams Law; Permittee Attorney Fee Liability
The Pennsylvania Supreme Court will consider the proper standard for the assessment of fees against private DEP permittees under Section 307(b) of the Clean Streams Law.
Allocatur granted Sept. 16, 2021. Life Insurance and Marital Property
The Supreme Court will consider whether life insurance and IRA proceeds paid to only one spous is property “acquired by gift…bequest, devise or descent” and, therefore, not subject to equitable distribution.
Allocatur granted Sept. 13, 2021. Admissibility of Expert Testimony regarding Memory and Perception
The Supreme Court will consider whether expert testimony regarding blood alcohol content and its effect upon memory and perception is inadmissible as an impermissible assessment of witness credibility.
Allocatur granted Aug. 26, 2021. Application for Certification pursuant to 42 Pa.C.S. § 702(b); Timeliness
The Supreme Court will consider Superior Court’s denial, based on Mente Chevrolet, Oldsmobile, Inc. v. Swoyer, 710 A.2d 632, 633 (Pa. Super. 1998) (An application for certification pursuant to 42 Pa.C.S. § 702(b) must be filed within 30 days after the entry of an interlocutory order, not from the denial of reconsideration), of Wilson’s Petition for Interlocutory Appeal By Permission of an interlocutory order entered by the trial court
Allocatur granted Aug. 24, 2021. Pa.R.Crim.P. 706(C); Consideration of a Defendant’s Ability to Pay prior to Imposing Mandatory Court Costs
The Pennsylvania Supreme Court will consider whether Pennsylvania Rule of Criminal Procedure 706(C) requires a trial court to consider a defendant’s ability to pay prior to imposing mandatory court costs at sentencing.
Allocatur granted Aug. 17, 2021. Is a Person’s Neck an “Intimate” Body Part Under PA’s Indecent Assault Criminal Statute?
The Supreme Court will consider whether the kissing and touching of the victim’s neck, without the victim’s consent, constituted indecent contact with an “intimate” part of the victim’s body sufficient to sustain a conviction for indecent assault under 18 Pa.C.S. § 3126.
Allocatur granted Aug. 10, 2021. SORNA Classification based on Court-Martial Conviction
The Pennsylvania Supreme Court will consider if, when comparing a military criminal offense to a Crimes Code offense for purposes of Pennsylvania’s sex offender registration statute, the Pennsylvania State Police is required to ensure that all of the elements of the crimes, including the mens rea, are equivalent.
Allocatur granted Aug. 3, 2021. Legal Malpractice; Muhammad Rule
The Pennsylvania Supreme Court granted allocatur in this legal malpractice action to consider the rule established in Muhammad v. Strassburger, McKenna, Messer, Shilobod & Gutnik, 587 A.2d 1346 (Pa. 1991) under which a dissatisfied client is generally barred from bringing non-fraud claims against her attorney following a settlement to which the client agreed.
Allocatur granted July 26, 2021. Disapproval of Private Criminal Complaint
The Pennsylvania Supreme Court granted allocatur in this case involving the disapproval of a private criminal complaint.
Allocatur granted June 25, 2021. Revocation of Spousal Election; Timeliness
The Supreme Court granted allocatur in this case to consider whether the statutory deadline for revocation of a spousal election tolls until the petitioning spouse knows all the essential facts as to decedent’s non-probate financial assets.
Allocatur granted June 14, 2021. Dimensional variance; Standard of appellate review
The Pennsylvania Supreme Court will consider the standard of appellate review of a grant of a dimensional variance.
Allocatur granted June 11, 2021. Delay in imposing driver’s license suspension as basis for nullifying suspension
The Pennsylvania Supreme Court granted allocatur to consider whether a delay in imposing a driver’s license suspension is a valid basis for nullifying the suspension.
Allocatur granted May 12, 2021. Public Utility Smart Meters; Statutory Construction; Alleged Safety Concerns; Burden of Proof
The Pennsylvania Supreme Court granted allocatur in this case to consider the use of public utility smart meters in Pennsylvania.
Allocatur granted Apr. 20, 2021. Commonwealth’s right to appeal interlocutory order denying motion in limine challenging constitutionality of statute
The Pennsylvania Supreme Court granted allocatur to consider the Commonwealth’s right to appeal interlocutory order denying motion in limine challenging constitutionality of statute.
Allocatur granted Apr. 7, 2021. Charter School Law; Timeliness of Decision Not to Renew Charter
The Pennsylvania Supreme Court will hear argument on whether a school district’s decision to nonrenew a school’s charter agreement was untimely where the decision had been rendered after the expiration of the charter term for which renewal was sought.
Allocatur granted Feb. 16, 2021. Termination of Parental Rights pursuant to 23 Pa.C.S. § 2511(b)(8)
The Pennsylvania Supreme Court will consider whether Superior Court improperly substituted its discretion for that of the trial court in this case involving the termination of parental rights.
Allocatur granted Jan. 26, 2021. Double Jeopardy; Baston violation
The Supreme Court granted allocatur to consider whether a prosecutor’s Batson violation precludes retrial on double jeopardy grounds.
Allocatur granted Jan. 25, 2021. Application of the Doctrine of In Pari Delicto
The Supreme Court will consider whether the doctrine of in pari delicto precludes a plaintiff’s recovery where the plaintiff was in possession of a controlled substance that was not theirs.
Allocatur granted Jan. 20, 2021. Steel Products Procurement Act; Cost of Steel
The Pennsylvania Supreme Court granted allocatur in this case to consider application of § 1886 of the Steel Products Procurement Act,
Allocatur granted Jan. 20, 2021. First Amendment: Threatening Speech; Due Process in Public School Student Disciplinary Proceeding
In this case, the Pennsylvania Supreme Court will consider a student’s due process right to cross examine witnesses at a public school student disciplinary hearing and the standard applicable to determining whether speech constitutes a “true threat.”
Allocatur granted Jan. 11, 2021. Sovereign Immunity; Collateral Order Doctrine
The Pennsylvania Supreme Court granted allocatur to consider whether an order denying a summary judgment motion based on sovereign immunity does not satisfy the collateral order doctrine of Pennsylvania Rules of Appellate Procedure 313.
Allocatur granted Jan. 7, 2021. Termination of Parental Rights; Adoption Act; “Good Cause” pursuant to 23 Pa.C.S. § 2901
The Pennsylvania Supreme Court will hear argument on whether Maternal Grandparents were required to demonstrate “good cause” pursuant to 23 Pa.C.S. § 2901 in order to complete the adoption of their granddaughter where the proposed adoption would not promote a new parent-child relationship or create a new family unit.
Allocatur granted Jan. 5, 2021. Fourth Amendment; Probable Cause for Child Protective Services Home Inspection
The Pennsylvania Supreme Court will consider the scope of Child Protective Services’ authority to conduct a home inspection.
Allocatur granted Jan. 5, 2021. Unconventional Natural Gas Wells; Evaluation of Cumulative Impacts
The Pennsylvania Supreme Court granted allocatur in these consolidated cases to determine the court’s role in evaluating zoning approval for unconventional well projects.