When Turning On a Phone Is a Search: Commonwealth v. Hunter and the Cost of Missing Riley
If police pick up a suspect's phone, power it on, call the number they think is associated with it, and watch the phone ring — have they searched it? Under federal constitutional law, the answer has…
Can Kratom Get You a DUI in Pennsylvania? The Answer Is Yes.
You've probably seen them by now — the little brown bottles at the gas station checkout, the energy shots in the cooler at the smoke shop, the canned drinks with names like "Kratom King" or "Happy…
When Does the PCRA Clock Really Start? Cruz Draws a Line Between "Reset" and a Second Bite at the Apple
One of the most common — and most consequential — questions I get from clients and their families is some version of this: Is it too late to file? In Pennsylvania, when it comes to post-conviction…
A Kilo of Cocaine for Personal Use? The Third Circuit Wasn't Buying It.
When does a defendant have the right to have the jury consider a lesser charge — one that carries a lighter sentence — instead of being forced into an all-or-nothing verdict on the most serious…
Two New Superior Court Decisions Worth Your Attention: Sufficiency, Corpus Delicti, and What the Commonwealth Has to Prove
Two decisions came down from the Pennsylvania Superior Court in the first week of March 2026, and together they paint an interesting picture of how evidence sufficiency works in criminal cases — and,…
Managing Testimony Midstream: The Supreme Court Revisits Geders and Perry
The United States Supreme Court addressed what happens to the right to counsel when a defendant is in the middle of testifying and court breaks for the night? In Villarreal v. Texas, 607 U.S. ___…
Does Smith v. Arizona Open the PCRA Time Bar? The Superior Court Says No in Commonwealth v. Johnson
In 2024, the U.S. Supreme Court decided Smith v. Arizona, 602 U.S. 779 (2024), to clarify how the Confrontation Clause applies when the prosecution uses an expert witness to relay forensic work…
The admissibility of prejudicial interrogator statements, the ability to remove firearms during lawful traffic stops, procedural reminders, and illegal sentencing claims under new Act 44.
Commonwealth v. Malcolm In Commonwealth v. Malcolm, the Pennsylvania Supreme Court considered the propriety of portions of a police interrogation in which detectives repeatedly asserted that they…
Superior Court Reaffirms Limits on Probation Revocation — Even After a Defendant Absconds
Recently, the Superior Court issued a decision in Commonwealth v. Charles-Richardson, 2026 PA Super 27, which involved a parole absconder who returned to court to answer for violations that occurred…
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:…