Harrisburg
Weight of the Evidence; Juvenile Court Adjudication; Homicide By 11-Year-Old
In The Interest of J.B, 147 A. 3d 1204(Pa. Super. 2016), 31 WAP 2017
The Supreme Court will hear argument on whether the Superior Court erred in holding that the evidence adduced at J.B.’s juvenile adjudication hearing, when viewed in the light most favorable to the Commonwealth as the verdict winner, was sufficient to establish beyond a reasonable doubt that Appellant J.B. committed the crimes in question, and did the Superior Court err in holding that the juvenile court committed no palpable abuse of discretion in finding that Appellant J.B. committed the crimes in question, when the verdict was against the weight of the evidence introduced at his juvenile adjudication hearing?
Probable Cause: When Does the Conclusion that a Critical Date is a Typographical Error Go Beyond the “Four Corners” of the Affidavit?
Com. v. Leed, 142 A.3d 20 (Pa. Super. 2016), 122 MAP 2016
The Supreme Court will hear argument on whether the Superior Court erred as a matter of law when it upheld the lower court’s determination that the issuing authority in Leed’s case had a substantial basis to find that probable cause existed within the four corners of a search warrant’s affidavit that was facially incapable of establishing probable cause.
Whistleblower Law: Are Non-Economic Damages Available?
Bailets v. Pa. Turnpike Commission, 126 MAP 2016 (direct appeal)
In this direct appeal, the Supreme Court will consider whether non-economic damages are available under the Whistleblower Law, Act of December 12, 1986, P.L. 1559, 43 P.S. §§ 1421, et. seq.
Where Orders Entered on More Than One Docket are Involved, Must Separate Notices of Appeal Must Be Filed?
Com. v. Walker, 2016 WL 5845208 (Pa. Super.) (unreported), 33 MAP 2017
The Supreme Court will hear argument on whether a single notice of appeal may be filed from identical suppression orders at separate co-defendants’ criminal dockets?
Does an Employee’s Claim of Constructive Discharge Require the Employee’s Resignation? Does Mandamus for Reinstatement Lie When An Employee Resigns for Constructive Termination?
Kegerise v. Delgrande, 147 A.3d 930 (Pa. Cmwlth. 2016), 22 MAP 2017
The Supreme Court will consider whether the Commonwealth Court majority’s holding that a claim of constructive discharge does not require actual resignation conflicts with federal and/or state precedent.
Civil Forfeiture; Common Law Forfeiture
Commonwealth v Irland, 153 A.3d 469 (Pa. Cmwlth. 2017), 32 MAP 2017
The Supreme Court will hear argument on whether the doctrine of common law forfeiture exists in Pennsylvania or whether there is any legal basis to allow the Commonwealth to forfeit property with a “nexus” to a crime or is it purely statutory?
First Class Townships – By-Ward or At-Large Election of Commissioners and Role of Court of Common Pleas
Varner v. Swatara Township Board of Commissioners, 2017 WL 1244370 (unreported), 49 MAP 201
The Supreme Court will consider the statutory construction interplay among Article IX, Section 11 of the Pennsylvania Constitution, the Municipal Reapportionment Act, and the First Class Township Code.
For more information, contact Kevin McKeon or Dennis Whitaker.