Nov. 28, 2023
Harrisburg
Krasner v. Ward, 2023 WL 164777 (Pa. Cmwlth.) (unreported), appeal dockets 2 – 4 EAP 2023
Direct Appeal. District Attorney Impeachment; Constitutionality and Justiciability
The Supreme Court will consider constitutional issues arising from the Pennsylvania House of Representatives’ attempt to impeach Philadelphia District Attorney Larry Krasner.
Nov. 29, 2023
Harrisburg
Commonwealth v. Chisebwe, 278 A.3d 354 (Pa. Super. 2022), appeal dockets 4 – 7 MAP 2023
Allocatur granted Jan. 19, 2023. Failure to Produce License and Registration; Grace Period following Refusal to Produce
In a case of first impression, the Pennsylvania Supreme Court will consider Sections 1311 and 1511 of Pennsylvania’s Vehicle Code, which require drivers to produce a license and vehicle registration “on demand” by a police officer.
Certification of Question of State Law granted March 8, 2023. Under Pennsylvania law, is the Commonwealth’s Joint Underwriting Association a public or private entity?
The Pennsylvania Supreme Court will consider whether the Pennsylvania Joint Underwriting Association, a statutorily-created nonprofit joint underwriting insurance association, is a public or private entity under Pennsylvania law.
Int. of T.Q.B., 286 A.3d 270 (Pa. Super. 2022), appeal docket 71 MAP 2023
Allocatur granted May 31, 2023. Definition of “nudity” under 18 Pa.C.S. § 6321(g)
The Pennsylvania Supreme Court granted allocatur in this case to consider an issue of first impression: whether the definition of “nudity” under 18 Pa.C.S. § 6321(g), which includes “[t]he showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple[,]” requires the showing of the nipple to support an adjudication for transmission of sexually explicit pictures by a minor.
Allocatur granted May 16, 2023. Driver’s License Suspension; Implied Consent Law; Actual Physical Control of Movement of Vehicle
The Pennsylvania Supreme Court will consider whether the inference that a vehicle was driven while a motorist was intoxicated, although the motorist was not driving but passed out behind the wheel, constitutes reasonable grounds under the Implied Consent Law to require the motorist submit to chemical testing for driving under the influence.
Direct Appeal. Regulation of Natural Gas Meters Location in Historic Districts; Unconstitutional Delegation
In this direct appeal, the Supreme Court will consider whether the Pennsylvania Public Utility Commission’s regulation of natural gas meter locations in historic districts violates the nondelegation doctrine.
Nov. 30, 2023
Direct Appeals. Is a Commonwealth agency a “person” subject to mandamus damages under 42 Pa. C.S. § 8303?
In these direct appeals, the Supreme Court will consider whether the Pennsylvania Liquor Control Board is a “person” subject to damages under Section 8303 of the Judicial Code, 42 Pa. C.S. § 8303 (“A person who is adjudged in an action in the nature of mandamus to have failed or refused without lawful justification to perform a duty required by law shall be liable in damages to the person aggrieved by such failure or refusal.”).
Commonwealth v. Dobson, 2022 WL 2311335 (Pa. Super.) (unreported), appeal docket 24 MAP 2023
Allocatur granted Mar. 15, 2023. Reasonable Suspicion to Support Pat-Down of Vehicle Passenger During Traffic Stop
In this case, the court will consider what amounts to reasonable suspicion to support a pat down of a vehicle passenger during a traffic stop in a high crime area.
Allocatur granted Sept. 28, 2023. Defective Notice of Tax Assessment; Nunc Pro Tunc Relief
The Pennsylvania Supreme Court granted allocatur to consider whether nunc pro tunc relief in favor of taxpayer charter school was warranted based on a county’s defective notice of tax assessment.
Caldwell v. Jaurigue, 2022 WL 5073906 (Pa. Super.) (unreported), appeal docket 30 MAP 2023
Allocatur granted Mar. 21, 2023. Child Support Obligations of Third Parties standing In Loco Parentis
The Pennsylvania Supreme Court will consider when a third party standing in loco parentis to a child is obligated to pay child support.
For more information, contact Kevin McKeon or Dennis Whitaker.