With the upcoming primary election on May 18th and many individuals inquiring of who I am supporting, I am announcing my unconditional and unequivocal support of current President Judge Kevin Brobson of the Commonwealth Court. While many of you know that I would only ever support a strict constructionist/originalist, some of you may wonder why … Continue reading Judge Kevin Brobson for the Pennsylvania Supreme Court
In a decision that went virtually unnoticed during the high point of COVID-19, in July of 2020, the PA Supreme Court issued a decision in Commonwealth of Pennsylvania v. Darren Montgomery, 234 A.3d 523 (PA 2020), holding that sometimes a visible firearm is a concealed firearm. Say what?!?! As I'm sure you're wondering, when does … Continue reading Say What?!?! PA Supreme Court Holds that Carrying a Concealed Firearm Sometimes Includes Carrying a Visible Firearm
The people shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures, and no warrant to search any place or to seize any person or things shall issue without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation subscribed to by the affiant. … Continue reading Pennsylvania Supreme Court Holds that Probable Cause and Exigent Circumstances are Required for the Warrantless Search of a Vehicle
It is with a heavy heart that I write this article. Unbeknownst to me, on Thursday, the Pennsylvania Supreme Court abruptly issued an Order promulgating a change to Section 701 of the Pennsylvania Rules of Judicial Administration. This change adds section (c)(7) to the Rule providing for "Temporary Judicial Assignments to the Supreme Court. Requests … Continue reading Abrupt Rule Change – Temporary Judicial Assignments to the PA Supreme Court – Has The Court Been Afflicted By COVID?
In a surprising and unanimous decision issued yesterday in Navarro v. Pennsylvania State Police, 72 MAP 2018, 2019 WL 3209478, at *1 (Pa. July 17, 2019) - continuing a line of decisions from the Court where it has breathed new life into constitutional rights - the Pennsylvania Supreme Court held that for the Pennsylvania State … Continue reading PA Supreme Court – PSP Must Prove Firearm Moved in Interstate Commerce to Deny Individual under Federal Law
In a decision issued in Commonwealth v Childs on July 19, 2016 relating to the retroactive effect of Pennsylvania's Stand Your Ground law (HB40 of 2011), the Pennsylvania Supreme Court acknowledged that the Castle Doctrine is an inherent right, dating back to biblical times, and that the Right existed in common law, long before being … Continue reading PA Supreme Court Affirms that Castle Doctrine is an Inherent Right
On July 20, 2015, the Commonwealth filed a Notice of Appeal with the Commonwealth Court in relation to its decision in Leach, et al. v. Commonwealth, et al., 585 M.D. 2014, regarding the constitutionality of Act 192, which, inter alia, provided for attorney fees and costs, when a municipality violates 18 Pa.C.S. 6120. Today, the … Continue reading Appeal Filed with the PA Supreme Court in Leach v. Commonwealth