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
March 8, 2022
Original Jurisdiction. Election Law; Constitutionality of No Excuse Absentee Voting
This original jurisdiction appeal arises from challenges to the constitutionality of Act 77, Pennsylvania’s absentee voting law that allows any voter to cast a ballot by mail without an excuse for the absence.
Original Jurisdiction. Specificity in Pleading; Exhaustion of Administrative Remedies
In this challenge by providers of community participation support (CPS) services to individuals with intellectual disabilities, the court will consider DHS’s new rate reimbursement system for CPS services.
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 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.
March 9, 2022
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 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 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 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 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.
March 10, 2022
The Pennsylvania Supreme Court will consider the Disciplinary Board of the Pennsylvania Supreme Court’s recommendation for the disbarment of former Senior Philadelphia Municipal Court Judge Jimmie Moore.
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 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 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.
Original Jurisdiction. Corporate Net Income Tax; Application Benefits-Received Method for Sale of Services to Out-of-State Customers
In this original jurisdiction appeal the Supreme Court will consider the Board of Finance and Revenue decision to deny Synthes USA HQ, Inc. a corporate net income tax refund based on its application of a benefits-received method to Synthes’s sales of services to out-of-state customers.