Two Reminders That Preliminary Hearing Errors Rarely Survive a Conviction
Two recent Superior Court decisions, both published the same week, illustrate how hard it is to win an appellate or post-conviction issue rooted in something that happened — or did not happen — at…
When Is a 36-Second Restraint a Crime? The Superior Court's Divided Answer in Evans
How long does a restraint have to last before it becomes the crime of false imprisonment? Pennsylvania's false imprisonment statute does not say. It speaks instead of conduct that interferes…
No Nexus, No Condition: Seiden and the Limits of Probation in Pleaded-Down Cases
A defendant gets charged with a stack of sex offenses. He pleads guilty to a single non-sexual count of endangering the welfare of children. The Commonwealth withdraws everything else, including the…
When the Juvenile Clock Runs Out: Ulysse and the Limits of the Juvenile Act
What happens when a juvenile case begins in juvenile court but never finishes there — and the defendant ages out before anyone can sort out what to do next? That is the question the Superior Court…
"Malice Is Malice": The Pennsylvania Supreme Court Closes the Door on a DUI-Specific Malice Standard
When does drunk driving become murder? That question has lingered in Pennsylvania law for decades, mostly because two of the Pennsylvania Supreme Court's prior decisions — Commonwealth v. O'Hanlon…
When the Commonwealth Wants to Walk Away: The Pennsylvania Supreme Court Reaffirms Reinhart in Commonwealth v. Harrison
Most criminal cases end the way you'd expect — with a plea, a verdict, or a dismissal at the preliminary hearing. But sometimes a prosecutor decides, after charges are filed and held for court, that…
How Long Is "Not Less Than 60 Days"? The Superior Court En Banc Rewrites DUS Sentencing
In Commonwealth v. Lee, 2026 PA Super 85, the en banc Superior Court held—over a careful dissent—that the sentencing language in 75 Pa.C.S. § 1543(b)(1)(i), which says a person convicted of driving…
No Warrant, No Problem: The Superior Court Says IP Address Logs Aren't Constitutionally Protected
The Fourth Amendment protects against unreasonable searches. Article I, Section 8 of the Pennsylvania Constitution does the same — but more. So when the Office of Attorney General issues a subpoena…
When "He Tested Positive Three Times" Isn't Enough: The Superior Court Tightens the Screws on Act 44 Probation Revocations
If you handle probation revocation hearings in Pennsylvania, you already know that Act 44 of 2023 changed the game. Effective June 11, 2024, the legislature rewrote 42 Pa.C.S. § 9771 to impose…
When Eyewitnesses Can Say More Than a Number: Commonwealth v. Rivera and the Limits of Speed Testimony
A Butler County vehicular homicide case decided today raises a question that comes up more often than you might think: when an eyewitness to a fatal crash takes the stand, can they describe what they…