When Is a Confession a “New Fact”? The Pennsylvania Supreme Court Clarifies PCRA Timeliness in Commonwealth v. Brown

For nearly 14 years, I have been representing post-conviction petitioners.  I regularly receive calls from inmate petitioners, or their loved one, asking me whether I can help them get back into…


The Pennsylvania Supreme Court Hits the Reset Button on Other-Acts Evidence — Sort Of

In Commonwealth v. Derrick Walker, the Pennsylvania Supreme Court took a hard look at one of the more slippery areas of criminal evidence law: when the Commonwealth may introduce evidence of a…


When Judges Speak: Free Speech, Scrutiny, and the Limits of Judicial Neutrality

The First Amendment provides a sweeping command: “Congress shall make no law … abridging the freedom of speech.” On its face, the protection seems simple. In practice, it is anything but. Over time,…


A Precedential Clarification on Homicide by Vehicle While DUI — and a Reminder About Weight Claims

In a recent precedential decision, Commonwealth v. Kling, 2026 PA Super 11, the Pennsylvania Superior Court made clear an important point about homicide-by-vehicle-while-DUI statute: the Commonwealth…


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…


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