Habeas Relief Survives the PCRA—But Exhaustion Still Matters
Pennsylvania Superior Court Clarifies Limits of Post-Conviction Review In Commonwealth v. Baker, 2026 PA Super 26, the Pennsylvania Superior Court issued an important reminder to the bench and bar:…
When Sentencing Is Agreed: No Discretionary Appeal— But Open and Hybrid Pleas Remain Reviewable
In Commonwealth v. Harris, 2026 PA Super 24, the Superior Court revisited a recurring issue in Pennsylvania sentencing law: when does a defendant have the right to challenge the discretionary aspects…
Four Recent Superior Court Decisions on Causation, Stops, Jurors, and Sufficiency—and the Limits of Appellate Review
Commonwealth v. Garcia Arse Foreseeability, causation, and the jury’s role Garcia Arse is a clean reminder that causation—particularly foreseeability—is a fact question for the jury, not an…
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…