Justia Pennsylvania Supreme Court Opinion Summaries

On July 3, 2017, a jury convicted Appellee George Torsilieri of one count each of aggravated indecent assault, and indecent assault. The trial court deferred sentencing until completion of a presentence investigative report and a sexually violent predator assessment by the Sexual Offenders Assessment Board (“SOAB”). While sentencing was pending, the Pennsylvania Supreme Court decided Commonwealth v. Muniz, 164 A.3d 1189 (Pa. 2017), holding that the registration and notification provisions of the then-applicable SORNA were punitive. A majority of the Court consequently concluded that the punitive provisions violated the constitutional protections of Pennsylvania’s ex post facto clause when applied retroactively to sexual offenders who were convicted prior to December 20, 2012, the effective date of SORNA. In September 2017, the SOAB concluded that Appellee did not meet the criteria for designation as a sexually violent predator (“SVP”). Between the SOAB’s determination and Appellee’s sentencing, the Superior Court declared a different aspect of SORNA unconstitutional. After review, the Supreme Court vacated that portion of the trial court's order declaring the registration requirements of SORNA unconstitutional, and remanded for further proceedings: "Unfortunately, the procedural posture of this case prevents tidy resolution of the matter by this Court. While Appellee presented a colorable argument that the General Assembly’s factual presumptions have been undermined by recent scientific studies, we are unable to affirm the trial court’s several conclusions finding Revised Subchapter H unconstitutional." View "Pennsylvania v. Torsilieri" on Justia Law

In a discretionary appeal, the Pennsylvania Supreme Court considered whether the superior court erred in its application of Pennsylvania law to find that L.B., a Colorado resident, was foreclosed from challenging the validity of his consent to permit the adoption of his minor children under the Pennsylvania Adoption Act, but not the requirements of the corresponding Colorado statute. After review, the Court concluded the superior court did not err, and affirmed the termination of L.B.'s parental rights to his children. View "In Re: J.W.B. & R.D.B." on Justia Law

In a discretionary appeal, the Pennsylvania Supreme Court considered whether the superior court erred in holding the Pennsylvania Human Relations Act (PHRA) did not preclude a wrongfully terminated employee from filing a court action for retaliatory discharge under the Pennsylvania Whistleblower Law when the plaintiff reported discriminatory conduct made unlawful by the PHRA, but was not herself the subject of the underlying discrimination. After careful review, the Supreme Court concluded the superior court did not err in so holding, and therefore affirmed. View "Harrison v. Health Network Lab, et al." on Justia Law

In March of 2017, the American Civil Liberties Union (“ACLU”) filed a Right-to-Know Law (“RTKL”) request with the Pennsylvania State Police (“PSP”) seeking disclosure of PSP’s “complete, un-redacted AR 6-9 regulation, which established policies and procedures for PSP personnel when using social media monitoring software.” The PSP provided the ACLU with “a heavily-redacted nine-page document entitled ‘AR 6-9 Real-Time Open-Source-Based Investigation and Research’” (hereinafter, “the Policy”). On April 3, 2017, ACLU filed an appeal and brief with the Office of Open Records ("OOR"), asserting that PSP had not provided a sufficient basis for its invocation of the public safety exception. After an in camera review, OOR characterized the Policy as “describ[ing] best practices, authorization procedures, purposes and limitations for PSP Troopers when using internet resources— including, but not limited to, sites commonly described as ‘social media’ sites—in a professional capacity.” OOR characterized PSP as contending that “the disclosure of the record would be reasonably likely to threaten public safety because knowledge of the restrictions and techniques under which PSP Troopers work could permit third parties to more easily evade PSP’s online efforts and hinder PSP’s attempts to investigate criminal matters or perform background checks.” The Commonwealth Court overturned OOR's "reasoned decision", but the Pennsylvania Supreme Court reversed the Commonwealth Court, holding only that the lower court did not conduct an "equally careful inquiry" as OOR: "The Commonwealth Court unnecessarily denied itself the opportunity to conduct the fact-finding that the RTKL asks of it. But because the Commonwealth Court is the ultimate finder of fact under the RTKL, it would be inappropriate for us to step into its place. On remand, the court at a minimum should compare the Affidavit to the provisions of the unredacted Policy that the Affidavit describes. In keeping with its authority under the RTKL, the court also retains discretion to further develop the record." Judgment was vacated and the matter remanded to the Commonwealth Court for further proceedings. View "ACLU of PA v. PA State Police" on Justia Law

In this appeal by allowance, a covenant not to compete was executed by an employee after the first day of employment. The issue presented for the Pennsylvania Supreme Court's review was whether the employer could enforce that provision in the post-employment timeframe although no new consideration was supplied in connection with its execution. The Supreme Court concluded the trial court properly denied a motion for a preliminary injunction: there was no evidence suggesting that, as of the commencement of the employment relationship, there was a meeting of the minds as to the noncompete agreement (NCA), or that the employee otherwise manifested his assent to provisions of the NCA that he was given, or an intent to be bound by them. View "Rullex Co., LLC. v. Tel-Stream, Inc." on Justia Law

D.R. (Father) and J.R. (Mother) (collectively, Parents) resided in Greene County, Pennsylvania with their five children, ranging in age from six to sixteen years old. Father was an attorney who, as part of his private practice, represented parents under investigation by Greene County Children and Youth Services (CYS). On October 29, 2018, Greene County CYS received a report that on October 12, 2018, Father was observed to be impaired or under the influence while in the presence of one of his children. Because Father was a practicing attorney in Greene County, and to avoid a conflict of interest, the matter was referred to Fayette County CYS (the Agency). The Agency received three reports regarding Father, one of which was an allegation of abuse towards Mother (criminal charges were dropped because she refused to testify). The Agency thereafter moved to compel Parents' cooperation with a General Protective Services Assessment. Following a hearing, orders directing Parents to permit the Agency into their home to assess the living conditions of the children, and directing Parents to cooperate with the Agency were issued. The court also ordered Father to submit observed urine samples for purposes of drug and alcohol assessments. The orders further noted that Parents’ failure to comply would subject them to sanctions. Parents appealed, and a superior court reversed, finding no link between the alleged abuse and conditions in the home. Further, though there were reports of Father's intoxication, there was no specificity as to the type of impairment or whether such impairment caused the children to be abused or neglected. The Agency argued on appeal that the Superior Court erred in holding that it was without authorization to require urine samples as part of its duty to investigate reports of suspected child abuse. Finding no reversible error in the superior court judgment, the Pennsylvania Supreme Court affirmed. View "In the Interest of: D.R." on Justia Law

The Pennsylvania Supreme Court granted the Northern Berks Regional Police Commission’s petition for appeal in this Police and Firemen Collective Bargaining Act (Act 1111) grievance arbitration appeal. An arbitrator reinstated Officer Charles Hobart to the Northern Berks Police Department, but the trial court vacated the award based on a finding that the award required the Department to commit an illegal act. The trial court’s ruling was based on factual developments occurring after Hobart’s termination. The Commonwealth Court reversed, finding that Hobart had not yet exhausted administrative remedies that would theoretically remove the purported illegality. After review, the Pennsylvania Supreme Court found the arbitrator's award was not illegal, and therefore reversed the Commonwealth Court. View "N Berks Reg. Police Comm. v. Berks Co. FOP" on Justia Law

Appellant Sara Ladd, a New Jersey resident, owned two vacation properties on Arrowhead Lake in the Pocono Mountains. Ladd started renting one of these properties in 2009 and the other in 2013 to supplement her income after being laid off from her job as a digital marketer. Eventually, some of her Arrowhead Lake neighbors learned of her success and asked her to manage rental of their own properties. Ladd considered “short-term” vacation rentals to be rentals for fewer than thirty days, and limited her services to such transactions only. Ladd acted as an “independent contractor” for her “clients” and entered into written agreements with them related to her services. In January 2017, the Commonwealth’s Bureau of Occupational and Professional Affairs (the Bureau), charged with overseeing the Commission’s enforcement of Real Estate Licensing and Registration Act (RELRA), called Ladd to inform her she had been reported for the “unlicensed practice of real estate.” Ladd reviewed RELRA and concluded her short-term vacation property management services were covered by the statute, and she would have to obtain a real estate broker license to continue operating her business. As Ladd was sixty-one years old and unwilling to meet RELRA’s licensing requirements, she shuttered PMVP to avoid the civil and criminal sanctions described in the statute. The Pennsylvania Supreme Court considered the Commonwealth Court's holding that the RELA's broker licensing requirements satisfied the heightened rational basis test articulated in Gambone v. Commonwealth, 101 A.2d 634 (Pa. 1954), and thus do not violate Article I, Section 1 of the Pennsylvania Constitution when applied to a self-described “short-term vacation property manager.” The Supreme Court concluded the Commonwealth Court erred in so holding, and therefore reversed and remanded for further proceedings. View "Ladd et al v. Real Estate Commission, et al." on Justia Law

The events that formed the basis of Nazeer Taylor’s prosecution occurred when he was fifteen years old. In March 2014, the Commonwealth filed a delinquency petition alleging that Taylor committed numerous delinquent acts purportedly stemming from recurring incidents of sexual assault of his then-eleven-year-old foster brother, A.O. This appeal asked whether a minor’s Fifth Amendment privilege against compulsory self-incrimination was violated when a juvenile court granted the Commonwealth’s request to have a delinquency matter transferred to an adult court for criminal prosecution, based in part upon the minor’s decision not to admit culpability to the delinquent acts alleged. The Pennsylvania Supreme Court reversed the Superior Court judgment and remanded for a determination, in the first instance, whether the harmless error doctrine was applicable to the juvenile court's "constitutionally deficient misapplication" of the Juvenile Act's transfer provisions, and if it was not, or if the error was not harmless, for consideration of the available relief under these circumstances. View "Pennsylvania v. Taylor" on Justia Law

The Pennsylvania Supreme Court granted allowance of appeal in this matter to consider whether a government employer properly terminated a probationary employee based on messages she posted to a social networking website. After review, the Court concluded the Commonwealth Court failed to engage in the required balancing of interests, and therefore erred when it reversed the adjudication and order of the Pennsylvania State Civil Service Commission (Commission) dismissing the probationary employee’s challenge to her termination. View "Carr v. PennDOT" on Justia Law