Oral arguments before the Pennsylvania Supreme Court will be held in person this month, however attendance in person is limited to those seats available in the courtroom. Audio of arguments will be livestreamed at www.youtube.com/c/supremectofpaofficial
Apr. 12, 2022
Commonwealth v. Coleman, 2021 WL 467585 (Pa. Super. 2021) (unreported), appeal docket 88 MAP 2021
Allocatur granted Aug. 11, 2021. Applicability to Mandatory Life Sentence for Simultaneous Offenses and Deaths
The Supreme Court will consider whether the mandatory sentencing provision of 42 Pa.C.S. §9715(a) applies to a case where the offenses and the deaths were simultaneous.
Estate of Cowher v. Kodali, 2021 WL 423070 (Pa. Super.) (unreported), allocatur granted Oct. 19, 2021, appeal docket 77 MAP 2021
Allocatur granted Oct. 19, 2021. Estoppel; Waiver of New Trial; Failure to Request Itemized Verdict
The Supreme Court granted allocatur to consider estoppel based on a failure to request an itemized verdict slip.
Commonwealth v. Stevenson, 249 A.3d 1164 (Pa. Super. 2021) (unreported), appeal docket 83 WAL 2021
Allocatur granted Aug. 17, 2021. Who Can Provide Sufficient Notice of a Final PFA Order?
The Supreme Court will consider whether an individual has notice of a Protection from Abuse order when notice is given by someone other than law enforcement or designated by the court.
Kornfeind v. New Werner Holding, 241 A.3d 1212 (Pa. Super. 2020), appeal docket 30 EAP 2021
Allocatur granted Oct. 5, 2021. Does “period of limitation” in Pennsylvania “borrowing” statute include foreign jurisdiction statutes of repose?
In this case, the Supreme Court will consider, as matter of first impression, whether the phrase “period of limitation,” as used in Pennsylvania’s “borrowing statute,” encompasses statutes of repose of foreign jurisdictions.
Hawkins v. Central Dauphin School Dist., 253 A.3d 820 (Pa. Cmwlth. 2021), appeal docket 88 MAP 2021
Allocatur granted Nov. 21, 2021. Right to Know Law; Family Educational Rights and Privacy Act; Disclosure of Redacted School Bus Surveillance Video
The Supreme Court will consider whether a redacted school bus surveillance video capturing an altercation between a high school student and a school principal’s wife is exempt from disclosure under the Right to Know Law and Family Educational Rights and Privacy Act.
Apr. 13, 2022
Commonwealth v. Gallaway, 2021 WL 129718 (Pa. Super. 2021) (unreported), appeal docket 17 WAP 2021
Allocatur granted July 13, 2021. Admissibility of Video Evidence Showing Defendant in Prison Attire
The Supreme Court will consider whether Superior Court erred in determining that the probative value of video evidence displaying a defendant in jail attire outweighed the prejudicial effect of that evidence such that the defendant was deprived of a fair trial.
Commonwealth v. Price, 244 A.3d 1250 (Pa. Super. 2020), appeal docket 18 WAP 2021
Allocatur granted July 28, 2021. Waiver of Issues under Pa. R.A.P. 1925(b)(4)
The Supreme Court will consider whether Superior Court erred in finding that the Commonwealth did not waive the issue of inevitable discovery under Pa. R.A.P. 1925(b)(4) by failing to expressly address the issue in its statement of issues on appeal.
McGuire v. City of Pittsburgh, 250 A.3d 516 (Pa. Cmwlth. 2021), appeal docket 26 WAP 2021
Allocatur granted Nov. 16, 2021. Indemnification under the Political Subdivision Tort Claims Act; Collateral Estoppel
The Supreme Court will consider, inter alia, whether a federal jury’s finding that a police officer acted “under color of state law” is a “judicial determination” that the officer acted within the “scope of his office or duties” for purposes of indemnification.
Commonwealth v. Donahue, 245 A.3d 1044 (Pa. Super. 2020)(unreported), appeal docket 70 WAL 2021
Allocatur granted Aug. 27, 2021. Sufficiency of the Evidence to Prove Fraudulent Intent
The Supreme Court granted allocatur to consider the sufficiency of evidence to establish the intent element necessary to support a conviction for theft by deception and home improvement fraud.
Scott v. Pa. Bd. of Probation and Parole, 256 A.3d 483 (Pa. Cmwlth. 2021), appeal docket 18 WAP 2021
Original Jurisdiction. Constitutionality of Life Sentence without Possibility of Parole; PCRA; Collateral Attacks on Criminal Sentencing
The Supreme Court will consider whether Commonwealth Court erred in dismissing petitioners’ complaint challenging the constitutionality of Pennsylvania’s felony murder rule as a collateral attack on sentencing.
For more information, contact Kevin McKeon or Dennis Whitaker.