Pennsylvania Superior Court Clarifies Sentencing Authority: Probation and Prison May Run at the Same Time
In a recent en banc decision, Commonwealth v. Jennings, 2026 PA Super 8, the Pennsylvania Superior Court resolved a growing split within its own case law over a deceptively simple question: may a…
Third Circuit Clarifies Hotel Room Privacy After Checkout: United States v. Mendoza
The Third Circuit Court of Appeals recently addressed whether a hotel guest retains a reasonable expectation of privacy in a hotel room after the posted checkout time. The Facts Ryan Mendoza…
Pennsylvania Superior Court Reaffirms When a Judge Must Recuse
The Pennsylvania Superior Court recently issued a precedential decision reaffirming when a judge must step aside from a case—not because of proven bias, but because the appearance of bias alone is…
Not All Criminal Defense Lawyers Are the Same: What Really Matters When the Stakes Are High
People facing criminal charges are often told to “call a lawyer” as if all lawyers offer the same thing. In reality, criminal defense is not a commodity, and not all lawyers approach the work — or…
When Court-Appointed Representation Breaks Down: Ethics, Withdrawal, and the Duty to Do No Harm
Court-appointed criminal-defense work is among the most important responsibilities lawyers undertake. It is also among the most difficult. Representing indigent defendants fulfills a core mandate of…
When Does Conduct Cross the Line Into Simple Assault by “Physical Menace”?
In a recent published decision, the Pennsylvania Superior Court provided useful, fact-specific guidance on what conduct can qualify as simple assault by physical menace under Pennsylvania law. The…
Being handcuffed outside of a car seemingly undercuts need for protective sweep of car for weapons
Comm. v. Arrington, 2020 PA Super 138 (June 9, 2020) Out of Allegheny County. In a 2-1 opinion, the Superior Court reversed the trial court’s order denying suppression of firearms and drugs…
The prior acceptance of ARD and what that means for DUI mandatory sentences: What the Chichkin decision holds.
Two weeks ago, the Pennsylvania Superior Court handed down an opinion in a companion case that was out of Philadelphia. The case—known now as the Chichkin case for the lead defendant—concluded that…
In the time of the coronavirus, is coughing or spitting on someone simple assault?
There’s been reports in recent days like this one—State police cite 2 people in Westmoreland County for ‘purposely coughing’ on workers—which raise the question of whether coughing or spitting on…
Pa. Supreme Court's October decisions: two on the application of Birchfield, and one the scope of liability under the concealed-carry statute.
Supreme Court Allocatur Grants 1. Comm. v. Ballentine, 379 MAL 2019 (Oct. 29, 2019) Whether, in light of Commonwealth v. Veon, 150 A.2d 435 (Pa. 2016), a sentence to pay restitution to a nonprofit…