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…
How Long Is "Not Less Than 60 Days"? The Superior Court En Banc Rewrites DUS Sentencing
In Commonwealth v. Lee, 2026 PA Super 85, the en banc Superior Court held—over a careful dissent—that the sentencing language in 75 Pa.C.S. § 1543(b)(1)(i), which says a person convicted of driving…
The Third Circuit Revisits a Familiar Sentencing Enhancement — and the Commentary That Defines It
The Sentencing Guidelines are not statutes. Congress didn't write them; the United States Sentencing Commission did. And for a long time, courts treated the Commission's own explanations of what the…
Pennsylvania's New Probation Reform Law Has Another Test — and the Court Splits the Difference
Pennsylvania's probation reform law, Act 44 of 2024, was supposed to fix a broken system. For years, people on probation were being sent to state prison for technical violations — not new crimes, but…
You Can Be the Boss Without Being the Boss: The Third Circuit on the Federal Sentencing Manager Enhancement
Running a legitimate business doesn't insulate you from federal sentencing enhancements if that business becomes the vehicle for a crime. The Third Circuit made that clear earlier this month in…
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…
When Sentencing Is Agreed: No Discretionary Appeal— But Open and Hybrid Pleas Remain Reviewable
In Commonwealth v. Harris, 2026 PA Super 24, the Superior Court revisited a recurring issue in Pennsylvania sentencing law: when does a defendant have the right to challenge the discretionary aspects…
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…
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…
The many ways to lose your driver’s license and the repercussions that follow
A driver’s license is a privilege, not a right. But it is an indispensable privilege, one that enables us to commute to work (to make a living) and to remain socially connected with one another.…