What You Say, What You Don't Say, and What the Law Does With Both
Two decisions came down from the Pennsylvania Superior Court on March 27, 2026, and at first glance they don't seem to have much in common. One is a suppression case arising from a traffic stop in…
The Pennsylvania Supreme Court's March 2026 Term: Three Decisions Worth Knowing
The Pennsylvania Supreme Court handed down three significant criminal law decisions on March 26, 2026. The most important — by a wide margin — is Commonwealth v. Derek Lee, a ruling that upends…
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,…
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…
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…
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…
Pa. Supreme Court's October decisions: two on the application of Birchfield, and one the scope of liability under the concealed-carry statute.
Supreme Court Allocatur Grants 1. Comm. v. Ballentine, 379 MAL 2019 (Oct. 29, 2019) Whether, in light of Commonwealth v. Veon, 150 A.2d 435 (Pa. 2016), a sentence to pay restitution to a nonprofit…
Dissemination of sex offenders' information over the Internet is unconstitutional: a bold decision that's likely to be short-lived.
Comm. v. Moore, 2019 PA Super 320 (Oct. 23, 2019) Out of Mercer. The Superior Court made a bold ruling in the ever-evolving jurisprudence of sex-offender registration. The Court held “that the…
Fines, restitution, and court costs have been a recent hot topic in Pennsylvania’s appellate courts.
Since September 24, 2019, the Pennsylvania Supreme Court and Superior Court have issued five published opinions dealing with the financial consequences defendants regularly face in the…