Tuesday, September 10, 2019
Philadelphia

ODC v. Baldwin, docket 2587 DD3 (Disciplinary Proceeding)

The Pennsylvania Supreme Court will consider the Disciplinary Board of the Pennsylvania Supreme Court’s recommendation that Former Supreme Court Justice Cynthia Baldwin be publicly censured for alleged misconduct arising from her representation of Penn State University and former university officials.

[Read More]

Commonwealth v. Trahey, 183 A.3d 444 (Pa. Super. 2018), appeal docket 38 EAP 2018

Allocatur granted Oct. 23, 2018. Warrantless Blood Test; Exigent Circumstances Exception to the Warrant Requirement

The Supreme Court of Pennsylvania will hear argument on whether the facts and circumstances in this case justify a warrantless blood draw under the exigent circumstances exception to the warrant requirement.

[Read More]

Commonwealth v. Johnson, 2018 WL 3133226 (Pa. Super. 2018) (unreported), appeal docket 40 EAP 2018

Allocatur granted Dec. 19, 2018. Double Jeopardy; Prosecutorial Misconduct

The Supreme Court of Pennsylvania granted allocatur in this criminal case involving prosecutorial misconduct. 

[Read More]

In the Interest of: N.B.-A.; Appeal of: E.A., 2019 WL 1985543 (Pa. Super. 2019), appeal docket 11 EAP 2019

Allocatur granted May 6, 2019. Can a parent be considered a perpetrator of abuse when there is another identified direct perpetrator of sexual abuse?

The Supreme Court of Pennsylvania granted allocatur in this case involving the sexual abuse of a minor. 

[Read More]

In re: Grand Jury Investigation No. 18, 18 MM 2019

This is a challenge to the release of a grand jury report, which remains sealed pending appeal.  The order of the Franklin County Common Pleas directing public release of the report is available here

Wednesday, September 11, 2019
Philadelphia

Cox v. Commonwealth, 102 EM 2018; Marinelli v. Commonwealth, 103 EM 2018 

King’s Bench. Constitutionality of Capital Punishment

Death row prisoners, whose convictions and sentences were affirmed by the Pennsylvania Supreme Court on direct appeal, petition to invoke the Supreme Court’s King’s Bench jurisdiction to consider whether Pennsylvania’s capital punishment system imposes cruel punishment under Article I, Section 13 of the Pennsylvania Constitution

[Read More]

Commonwealth v. Felder, 2017 WL 6505643 (Pa. Super. 2017) (unreported), appeal docket 18 EAP 2018

Allocatur granted June 19, 2018. Constitutionality of Juvenile Sentencing

The Supreme Court will review the constitutionality of a sentence of 50-years to life for a juvenile in light of its decision in Commonwealth v. Batts, 163 A.3d 410 (Pa. 2017).

[Read More]

Commonwealth v. King, 2018 WL 4271212 (Pa. Super. 2018) (unreported), appeal docket 3 EAP 2019

Allocatur granted March 5, 2019. Attempted Murder: Longer Sentence Notice Requirement; Multiple Convictions for More Than One Inchoate Offense

The Pennsylvania Supreme Court granted allocatur in this criminal case involving notice issues and multiple convictions for more than one inchoate offense.

[Read More]

Com. v. Cost, 2018 WL 4472911 (Pa. Super. 2018) (unreported), appeal docket 39 EAP 2018

Allocatur granted Dec. 4, 2018. Suppression of Evidence

The Pennsylvania Supreme Court will consider the scope of investigative detentions.

[Read More]

Ladd et al. v. Real Estate Commission et al., 187 A.3d 1070 (Pa. Cmwlth. 2018), appeal docket 33 MAP 2018

Jurisdiction per 42 Pa.C.S. § 723(a). Right to pursue chosen occupation

The Pennsylvania Supreme Court will consider whther the Real Estate Licensing and Registration Act impose unconstitutional burdens on short-term vacation property managers.

[Read More]

Dean v. Bowling Green Brandywine, 192 A.3d 1177 (Pa. Super. 2018), appeal docket 20 MAP 2019

Allocatur granted March 4, 2019. Mental Health Procedures Act; Limited Immunity for Care of Addicted Patients

The Pennsylvania Supreme Court granted allocatur in this case to consider if the Mental Health Procedures Act limited immunity provisions apply to a patient receiving treatment for addiction.

[Read More]

Lowman v. UCBR, 178 A.3d 896 (Pa. Cmwlth. 2018), appeal docket 41 EAP 2018

Allocatur granted Dec. 27, 2018. Unemployment Compensation; Ineligibility due to Self-Employment

The Supreme Court of Pennsylvania granted allocatur in this case to consider eligibility for unemployment compensation when a claimant is involved in providing ride-sharing services.

[Read More]

Thursday, September 12, 2019
Philadelphia

Briggs v. Southwestern Energy Production Co., 184 A.3d 153 (Pa. Super. 2018), appeal docket 63 MAP 2018

Allocatur granted Nov. 20, 2018. Trespass; Rule of Capture

The Supreme Court of Pennsylvania will hear argument on whether the rule of capture precludes liability for trespass due to hydraulic fracturing.

[Read More]

Ass’n of Pa. State Coll. & Univ. Faculties v. Pa. Labor Relations Bd., 2018 WL 1868303 (Pa. Cmwlth. 2018) (unreported), appeal docket 67 MAP 2018

Allocatur granted Dec. 15, 2018. Collective Bargaining; Nonbargainable Managerial Prerogative

The Supreme Court of Pennsylvania granted allocatur in this collective bargaining case involving consideration of managerial prerogatives.

[Read More]

Easton Area Sch. Dist. v. Miller, 191 A.3d 75 (Pa. Cmwlth. 2018), appeal docket 13 MAP 2019

Allocatur granted Feb. 4, 2019.  Right to Know Law; Disclosure of School Bus Surveillance Video under Family Educational Rights and Privacy Act

The Supreme Court granted allocatur in this case involving public disclosure of school bus security footage pursuant to the RTKL.

[Read More]

In the Interest of J.M.G., 2018 WL 2274825, (Pa. Super. 2018) (unreported),  appeal docket 18 MAP 2019

Allocatur granted Feb. 13, 2019. Is a Disclosure that Violates the Psychiatrist/Patient Privilege in an Act 21 Commitment Harmless Error?

The Pennsylvania Supreme Court granted allocatur in this case to determine if a disclosure where the trial court violates the psychiatrist/patient privilege can ever be harmless error.

[Read More]

Carr v. PennDOT & SCSC, 189 A.3d 1 (Pa. Cmwlth. 2018), appeal docket 3 MAP 2019.

Allocatur granted Jan. 8, 2019. Protected matter of public concern or actionable expression of personal frustration?

The Pennsylvania Supreme Court will hear argument related to the termination of a PennDOT employee resulting from a Facebook post.

[Read More]

For more information, contact Kevin McKeon or Dennis Whitaker.