As part of the courts’ ongoing Covid 19 response, arguments before the Supreme Court this month will be publicly accessible via video conference. For more information, visit: http://www.pacourts.us/courts/supreme-court/march-2021-supreme-court-session .
March 10, 2021
Morning Session Livestream: https://www.youtube.com/watch?v=Y4JyQ7pIUvQ
The Pennsylvania Supreme Court will consider the Disciplinary Board of the Pennsylvania Supreme Court’s temporary suspension of Donald Moreman.
Direct Appeal. State Income Tax: Appropriate remedy for unconstitutional cap on net loss carryover (NLC) deduction – severing the cap or severing the entire NLC deduction?
This is a direct appeal by the Commonwealth from the Commonwealth Court’s reversal of the Board of Finance and Revenue’s decision denying General Motors Corporation’s petition for a refund of corporate net income tax in the amount of $738,760 for the 2001 Tax Year.
Allocatur granted Aug. 25, 2020. Does Chapter 3 of the Rules of Criminal Procedure Apply to Veterans Treatment Court?
In a case of first impression, the Pennsylvania Supreme Court will consider whether Veterans Treatment Court is controlled by Chapter 3 of the Rules of Criminal Procedure, and if not, whether a trial court’s failure to conduct an ability to pay hearing violates the right to due process and equal protection under the United States Constitution.
Allocatur granted Aug. 25, 2020. Miranda Warnings when Individual Already Charged with Crime
The Pennsylvania Supreme Court will consider whether law enforcement must do more than provide Miranda warnings to satisfy the right to counsel if law enforcement deliberately withheld that the detained individual has already been charged with a crime.
March 10, 2021
Afternoon Session Livestream: https://www.youtube.com/watch?v=8VvRJjhZtLU
Allocatur granted Aug. 25, 2020. Board of Claims jurisdiction: To qualify as a grant to “procure construction” as to which the grantee may sue the Commonwealth, must the construction be for a publicly owned or controlled structure?
The Pennsylvania Supreme Court granted allocatur to examine whether the Board of Claims has subject matter jurisdiction over a breach of contract claim to enforce an award of a Commonwealth grant where the construction for which the grant is provided is not for a publicly owned or controlled structure.
Allocatur granted Sept. 9, 2020. Failure to provide authentication of foreign judgment; waiver of subject matter jurisdiction
The Supreme Court will consider whether Superior Court erred in holding the failure to authenticate a foreign judgment pursuant to the requirements of the Uniform Enforcement of Foreign Judgments Act, 42 Pa.C.S. § 4306, deprives a trial court of subject matter jurisdiction such that a challenge to that failure may not be waived.