Oct. 8, 2024
Pittsburgh
Commonwealth v. Lee, 2023 WL 3961802 (Pa. Super.) (unreported), appeal docket 3 WAP 2024
Allocatur granted Feb. 16, 2024. Constitutionality of Mandatory Life Imprisonment with No Possibility of Parole for Second-Degree Murder
In this case, the Pennsylvania Supreme Court will consider the constitutionality under the Eighth Amendment to the U.S. Constitution and Article I, § 13 of the Pennsylvania Constitution of a mandatory sentence of life imprisonment with no possibility of parole for second-degree murder.
Allocatur granted Oct. 31, 2023. Pennsylvania Unfair Trade Practices and Consumer Protection Law; Unfair or Deceptive Miscollection of Sales Tax
In this matter of first impression, the Pennsylvania Supreme Court will consider whether clothing retailers’ collection of a tax on sales of allegedly nontaxable protective cloth face masks was not “in conduct of” trade or commerce, and thus not actionable under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law.
In the Int. of S.W., 312 A.3d 345 (Pa. Super. 2024), appeal docket 14 WAP 2024
Allocatur granted May 22, 2024. Abrogation of “Prospective Adoptive Parent” Exception to Foster Parent Participation in Dependency Cases
The Pennsylvania Supreme Court will consider whether the judicially created “prospective adoptive parent” exception to the general rule prohibiting foster parents from participation in dependency proceedings was abrogated by Section 6336.1(a) of the Pennsylvania Juvenile Act.
Commonwealth v. Roberts, 293 A.3d 1221 (Pa. Super. 2023) appeal docket 16 WAP 2023
Allocatur granted Sept. 12, 2024. Sufficiency of Evidence for Failure to Register under Pennsylvania’s Sex Offender Registration and Notification Act (SORNA)
The Pennsylvania Supreme Court will consider whether mens rea is required to sustain a conviction for failure to register as required by SORNA.
Oct. 9, 2024
Pittsburgh
Commonwealth v. Crosby, 2023 WL 3319389 (Pa. Super.)(unreported), appeal docket 30 WAP 2023
Allocatur granted Nov. 20, 2023. What constitutes “substantial force to overcome the resistance” under Pennsylvania’s Resisting Arrest law?
In this case, the Pennsylvania Supreme Court will consider what constitutes “substantial force to overcome the resistance” as used in Section 5104 of the Pennsylvania Crimes Code
Penncrest Sch. Dist. v. Cagle, 293 A.3d 783 (Pa. Cmwlth. 2023), appeal docket 31 WAP 2023
Allocatur granted Dec. 4, 2023. Does Pennsylvania’s Right to Know Law require the disclosure of school board members’ social media posts relating to school library displays?
The Pennsylvania Supreme Court will consider whether Pennsylvania’s Right to Know Law requires the disclosure of school board members’ social media posts relating to school library displays.
Allocatur granted Nov. 7, 2023. Surety Liability for Default Judgments, Attorney’s Fees; Does Pennsylvania’s bad faith statute apply to surety contracts issued by insurance companies?
In this case, the Pennsylvania Supreme Court will consider the claims and judgments that a subcontractor may bring against a surety, including whether Pennsylvania’s insurance bad faith statute, 42 Pa.C.S. § 8371, applies to surety contracts/policies issued by insurance companies.
Commonwealth v. Shifflet, 2023 WL 3051454 (Pa. Super.) (unreported), appeal docket 26 MAP 2024
Allocatur granted Apr. 3, 2024. Acceptance of ARD as a prior offense for sentencing purposes
The Pennsylvania Supreme Court granted allocatur in this case to consider whether under Alleyne v. United States, 570 U.S. 99 (2013), in which the United States Supreme Court held that “facts that increase mandatory minimum sentences must be submitted to the jury” applies to preclude acceptance of ARD as a “prior offense” under the Vehicle Code for sentencing purposes.
Oct. 10, 2024
Pittsburgh
Commonwealth v. Foster, 2023 WL 4557061 (Pa. Super.) (unreported), appeal docket 34 WAP 2024
Allocatur granted Apr. 8, 2024. Reasonable Suspicion to Support a Terry Stop based on Temporal and Spatial Proximity to ShotSpotter Alert
The Pennsylvania Supreme Court will consider whether an individual’s temporal and spatial proximity to a ShotSpotter alert – an alert sent by a sensory system that uses multiple sensors to pick up a suspected gunshot to triangulate the gunshot location – is reasonable suspicion to support a Terry stop.
Allocatur granted Feb. 21, 2023. Duty to Indemnify vs. Duty to Defend under Lease Agreement
This case centers on the interpretation of a lease between Bass Pro Outdoor (Tenant) and Harrisburg Mall Limited Partnership (Landlord) that required the Mall to indemnify Bass Pro for any “expense, including reasonable attorneys’ fees” arising from Bass Pro’s use of a common parking lot.
Almusa v. State Bd. of Medicine, 298 A.3d 547 (Pa. Cmwlth. 2023), appeal docket 25 MAP 2024
Allocatur granted Apr. 3, 2024. Does Act 53 of 2020 retroactively apply to a medical professional licensee’s suspension and reinstatement?
The Pennsylvania Supreme Court will consider whether Section 3113(f) of the Act of July 1, 2020, P.L. 575 (Act 53), 63 Pa. C.S. § 3113(f), which redefined how licensing boards consider criminal offenses, retroactively applies to a medical professional licensee’s suspension and reinstatement.
Commonwealth v. Linton, 2023 WL 4677741 (Pa. Super.) (unreported), appeal docket 11 WAP 2024
Allocatur granted Apr. 2, 2024. Evidence required to sustain a conviction under Section 3364(b)(2) of the Vehicle Code
The Pennsylvania Supreme Court will consider the evidence required to sustain a conviction under Section 3364(b) of the Vehicle Code, which provides that “[a] pedalcycle may be operated at a safe and reasonable speed appropriate for the pedalcycle. A pedalcycle operator shall use reasonable efforts so as not to impede the normal and reasonable movement of traffic.” 75 Pa.C.S.A. § 3364(b)(2).
For more information, contact Kevin McKeon or Dennis Whitaker.