Eight Issues, Zero Wins — and a Vacated Sentence Anyway: Commonwealth v. Smith
Judge Ruggero Aldisert of the Third Circuit wrote something in 1982 that has been quoted in Pennsylvania appellate opinions ever since. Reflecting on his tenure on the federal bench, he observed that…
Five New Precedential Decisions from the Third Circuit: Guns-for-Drugs, Faretta Waivers, Tax Evasion, and Two Sentencing Holdings
The Third Circuit closed out June with a burst of precedential criminal decisions — five opinions each announcing at least one holding that will matter in federal criminal practice going forward.…
When Does a Witness's Reference to Incarceration Require a Mistrial?
A jury is supposed to decide guilt based on the evidence, not on the fact that the defendant has been sitting in jail awaiting trial. That's why defense lawyers routinely ask the court, before trial,…
A Body in a Freezer, Years of Stolen Checks — and a Statute of Limitations That Still Expired
Cynthia Black's grandmother died sometime around 2004. Black did not tell anyone. Afraid of losing the Social Security checks that arrived every month in a bank account she shared with her…
When Police Sit on Evidence, Who Pays for the Delay?
Most criminal defense lawyers have lived some version of this. You have prepared for trial. The date is set. Then, days before you pick a jury — or, here, days before a bench trial — the Commonwealth…
When a Flashlight Becomes a Search
There's a common intuition about flashlights: a flashlight doesn't search anything. It just lets you see what's already there. Point one at a dark corner and the corner was always there — you've…
When the Commonwealth Keeps Your Property Without Ever Forfeiting It: In re Smith and the De Facto Forfeiture Problem
Say the police seize your lawfully owned firearm during an arrest. The charges get dismissed. You file the motion you're supposed to file to get your property back. And the Commonwealth — without…
What a ShotSpotter Alert Can — and Can't — Justify: The Pennsylvania Supreme Court Decides Foster
When a microphone on a city utility pole reports gunfire, and a police officer shows up moments later and finds someone standing nearby, can the officer stop that person? That is, roughly, the…
Three From the Superior Court in One Day: Another Probation Win, a Lesson on Commonwealth Appeals, and a Burglary Question That Wasn't Close
On May 20, 2026, the Superior Court handed down three precedential decisions in criminal cases. They don't share a common theme — one is about probation revocation, one is about when the Commonwealth…
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…