When a Service Dog Becomes a Trial Issue: Commonwealth v. Roberts and the Limits of Jury Prejudice Claims
A victim's service dog. A carefully negotiated pretrial agreement. A lunch break that didn't go according to plan. And a defendant arguing he deserved a new trial because of it. That's the setup in…
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…
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…
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…
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:…
When Is a Confession a “New Fact”? The Pennsylvania Supreme Court Clarifies PCRA Timeliness in Commonwealth v. Brown
For nearly 14 years, I have been representing post-conviction petitioners. I regularly receive calls from inmate petitioners, or their loved one, asking me whether I can help them get back into…