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…
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…