Justia Pennsylvania Supreme Court Opinion Summaries

In 1997, Roderick Johnson was convicted on two counts of first-degree murder. He was sentenced to death. Several years later, Johnson discovered that the Commonwealth had concealed certain documents that would have cast doubt upon the credibility of a key prosecution witness. The court of common pleas held that the Commonwealth’s failure to disclose this evidence violated Johnson’s right to due process of law, in accordance with Brady v. Maryland, 373 U.S. 83 (1963), and awarded Johnson a new trial. Finding no reversible error in that decision, the Pennsylvania Supreme Court affirmed. View "Pennsylvania v. Johnson" on Justia Law

Appellant SCF Consulting, LLC lodged a civil complaint against Appellee, the law firm of Barrack, Rodos & Bacine, in the common pleas court. Appellant averred that it had maintained a longstanding oral consulting agreement with the law firm, which the firm purportedly breached in 2014. According to Appellant, the arrangement was for the solicitation of institutional investors to participate in securities class actions, and remuneration was to be in the form of a two-and-one-half to five-percent share of the firm’s annual profits on matters “originated” by Appellant’s principal or on which he provided substantial work. Appellant claimed the consulting agreement qualified as an express exception to the anti-fee-splitting rule for an employee “compensation or retirement plan, even though the plan is based in whole or in part on a profit-sharing arrangement.” Alternatively, Appellant argued Appellee’s attempt to invoke public policy as a shield was an “audacious defense” which, if credited, would perversely reward the law firm by allowing it to profit from its own unethical conduct. The county court agreed with Appellee’s position concerning both the nonapplicability of the exception to Rule 5.4(a)’s prohibition and the unenforceability of the alleged agreement. The Pennsylvania Supreme Court concluded the ultimate outcome of this case might turn on factual findings concerning Appellant’s culpability, or the degree thereof, relative to the alleged ethical violation. The Court held only that the contract cause of action was not per se barred by the purported infraction on Appellee’s part and, accordingly, the county court’s bright-line approach to the unenforceability of the alleged consulting agreement should not have been sustained. View "SCF Consulting, LLC. v. Barrack Rodos & Bacine" on Justia Law

The Pennsylvania Supreme Court granted review to determine rightful title to a parcel of real property claimed by competing grantees, each of whom invoked a real or purported conveyance from the property’s owner. An additional issue under consideration was the application of res judicata and collateral estoppel during estate administration proceedings with regard to an earlier order of the Orphans’ Court determining the validity of a will. Relying upon a presumption that valid delivery of a deed occurs on the date of its execution and acknowledgment, the Superior Court held that title to the real estate vested in the grantee of the earlier, unrecorded instrument. The Superior Court further held that, where the Orphans’ Court determined that a will was valid and permitted a photocopy of that will to be probated, a participating party’s subsequent claim that the will was revoked was barred by the doctrines of res judicata and collateral estoppel. The Supreme Court determined the Orphans’ Court’s decision was supported by competent evidence, the court applied the correct principles of law in evaluating the question of delivery, and the court did not abuse its discretion in determining who possessed superior title to the property at issue by virtue of the 2006 Deeds. In reversing the Orphans’ Court’s decision on that issue, the Superior Court erred. When the parties litigated the alleged dissipation of estate assets, they did so within the context of those same estate administration proceedings. The Supreme Court concluded that a party’s challenge to the Orphan’s Court’s order did not arise within the context of subsequent litigation following a “final order,” but, rather, was advanced within the same proceedings as the challenged order; neither res judicata nor collateral estoppel served to preclude her claim. In this regard as well, the order of the Superior Court was reversed. View "In Re: Estate of Plance; Appeal of: Plance" on Justia Law

In a discretionary appeal, the Pennsylvania Supreme Court considered the burdens of proof applicable in civil in rem forfeitures of currency under Pennsylvania’s Controlled Substances Forfeiture Act, 42 Pa.C.S. sections (repealed), which, inter alia, provided that money is forfeitable to the Commonwealth upon proof of a “substantial nexus” to certain prohibited drug activities under The Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. sections 780-101 - 780-144. Particular to this case, the Court considered whether the Commonwealth could satisfy its evidentiary burden of proving a substantial nexus between the seized currency and prohibited drug activity by relying solely upon the Forfeiture Act’s presumption at 42 Pa.C.S. 6801(a)(6)(ii), which provided that money found in close proximity to controlled substances was rebuttably presumed to be the proceeds derived from the sale of a controlled substance, and, if so, the related assessment of how this presumption could be rebutted. The Commonwealth Court held proof of proximity under the Subsection 6801(a)(6)(ii) presumption was sufficient to establish a substantial nexus and that the innocent owner defense set forth at 42 Pa.C.S. 6802(j) provided the sole method by which claimants could rebut the presumption. Though the Supreme Court agreed that generally, the proof of proximity under the Subsection 6801(a)(6)(ii) rebuttable presumption may be sufficient to satisfy the Commonwealth’s overall evidentiary burden of proving a substantial nexus for the purpose of currency forfeitures. However, the Supreme Court determined the Commonwealth Court erred in concluding that the innocent owner defense was the sole basis for rebutting that presumption. Rather, the Court concluded the presumption could be rebutted by demonstrating that the seized currency was not the proceeds of drug sales, independent of a claimant’s ability to satisfy the innocent owner defense. If the Subsection 6801(a)(6)(ii) presumption has been rebutted sufficiently, the burden of proof remains with the Commonwealth such that it must put on further evidence of a nexus to drug activity beyond the mere propinquity between the money and controlled substances. Because the Commonwealth Court erred as a matter of law in holding otherwise, its order was vacated, as was the trial court’s order, and the matter was remanded to the trial court for further proceedings. View "Pennsylvania v. $34,440.00 US Cur.; Apl of Falette" on Justia Law

At issue before the Pennsylvania Supreme Court was a matter of first impression: the effect of 20 Pa.C.S. 7710.2 (enacted in 2006) upon the scope of the assets used to calculate the pretermitted spousal share. The named beneficiaries of the Trust upon Decedent’s death were his then-wife Joanne, and the children born to Decedent and Joanne. Pursuant to the terms of the Trust, Decedent had the prerogative to receive any portion of the trust income during his lifetime, to draw any amount of the trust principal for his own welfare, comfort, and support, and to terminate the Trust. Joanne died on August 15, 2010. On December 13, 2010, Decedent prepared a Last Will and Testament. Approximately one year later, on December 30, 2011, Decedent married Appellee Mary Jo Kulig. Since the will had been executed before his second marriage, it made no provision for Kulig, nor did the will include any indication that Decedent had contemplated remarriage when he executed it. On February 3, 2012, barely one month after marrying Kulig, Decedent died, survived by Kulig and by appellants (his children), Carrie Budke and James Kulig. By the terms of the Trust, if Joanne predeceased Decedent, the balance of the Trust corpus was to be divided and distributed to Children according to the Trust’s terms. Kulig undisputedly was entitled upon Decedent’s death to an ERISA benefit plan. The parties stipulated that Kulig, a pretermitted spouse under Pennsylvania law, was entitled to receive the same share of Decedent’s estate to which she would have been entitled had he died intestate. The Children filed a petition for declaratory judgment before the Orphans’ Court seeking a declaration that the Trust was excluded from Kulig’s pretermitted spousal share. Kulig opposed the petition, arguing primarily that, in calling for the application of the same interpretive principles to trusts that apply to wills, Section 7710.2 of the Code established that inter vivos trusts, like other assets, must be considered part of the intestate estate for purposes of calculating the pretermitted share. The Superior Court held Section 7710.2 mandated application to the Trust of the same presumption applicable to the will under Subsection 2507(3). Accordingly, the estate comprising the pretermitted spousal share necessarily included the Trust corpus. The Supreme Court reversed the Superior Court’s determination that the revocable inter vivos trust at issue should have been included in Decedent’s estate for purposes of discerning the pretermitted spouse’s statutory entitlement under 20 Pa.C.S. 2507. View "Re: Trust Under Deed of D. Kulig; Apl of Budke" on Justia Law

The Pennsylvania Supreme Court granted review in this matter to consider whether Appellant Victoria Livingstone, who was in a stopped vehicle on the side of the road, was subjected to an investigatory detention without reasonable suspicion of criminal activity when a police officer, checking to see if she needed help, pulled his patrol car, with its emergency lights activated, alongside her vehicle. The Court determined Appellant was subjected to an illegal investigatory detention based on these facts. Furthermore, although the Court recognized the public servant “exception” to the warrant requirement under the community caretaking doctrine, which in certain circumstances will permit a warrantless seizure, it concluded the doctrine did not justify the detention of Appellant under the facts of this case. Thus, the Superior Court erred in affirming the trial court's denial of Appellant’s motion to suppress evidence obtained as a result of her illegal investigatory detention, and the Superior Court's decision was reversed. The matter was remanded for further proceedings. View "Pennsylvania v. Livingstone" on Justia Law

This discretionary appeal relates to the authority of parole agents to detain and frisk a non-parolee visitor while performing a routine check at a parolee’s home. The Pennsylvania Supreme Court also granted review to address whether reasonable suspicion existed to justify the seizure and frisk in this instance. In 2013, Pennsylvania Parole Agents Michael Welsh and Gregory Bruner conducted a routine home visit to the residence of parolee Gary Waters. Agent Welsh characterized the neighborhood as a “high crime” area. Waters invited the agents into the home, where they immediately recognized the strong odor of marijuana, which increased as they continued through the home. While Agent Welsh dealt with Waters, Agent Bruner maintained visual contact with Appellant Darrin Mathis. Agent Bruner alerted Agent Welsh that Appellant “seemed pretty nervous.” When Appellant began walking to another room, he continued to hold a jacket to his side in a “protecting type of grip” while also turning away from the agent, which revealed a bulge in the jacket. These observations caused Agent Welsh to have concerns regarding the agents’ safety. He then asked Appellant if he could pat him down for safety reasons. Appellant refused, at which time Agent Welsh again noticed the bulge, described as the size of a cigarette pack or wallet, which further raised Agent Welsh’s suspicions that Appellant may be secreting contraband or a weapon. Agent Welsh reached out to the bulge and felt what he believed was the handle of a firearm, seized the jacket and pulled it forcefully from Appellant, throwing it to the ground. Appellant was then handcuffed and patted down. Thereafter, Agent Welsh noticed a bag of marijuana on the floor between Appellant’s feet, while Agent Bruner recovered a handgun from the jacket. A local police officer reported to the residence, and Appellant admitted to ownership of the weapon and drugs. A criminal history check revealed that Appellant was prohibited from possessing a firearm. The officer arrested Appellant and charged him with possessory offenses of a prohibited firearm, a small amount of marijuana, and drug paraphernalia. Appellant filed a pretrial motion to suppress the physical evidence and his statement to police, asserting that parole agents have no statutory authority over non- offenders and that Agent Welsh did not have reasonable suspicion to detain and frisk him. The trial court denied Appellant’s motion to suppress. Following a stipulated bench trial, Appellant was convicted of all charges and sentenced to thirty-two to sixty-four months’ imprisonment. He appealed to the Superior Court. The Supreme Court determined that in light of the suspicion of criminality, the officer’s actions did not violate Appellant’s constitutional rights and affirmed his conviction. View "Pennsylvania v. Mathis" on Justia Law

The issue raised in this discretionary appeal was whether the Commonwealth could punish an individual for conduct which was made a crime by an amended statute where the original version of the statute has been declared unconstitutional in its entirety. In 1995, Appellant Joseph Derhammer pled guilty to involuntary deviate sexual intercourse (“IDSI”), and was sentenced to five-to-ten years’ incarceration. Pursuant to Megan’s Law, he was required, upon release from prison, to register his address with the Pennsylvania State Police. He was also obligated to notify the state police of all subsequent address changes for the remainder of his life. Any failure to provide timely notification as required by law would constitute a criminal offense. While subject to these obligations, Appellant moved to a new residence on April 1, 2009, and reported his new address to the state police on April 6. Based on having waited five days, Appellant was charged by information with the second-degree felony of failing to register as a sex offender under Section 4915(a)(1) of the Crimes Code, which was part of Megan’s Law III. When Megan’s Law III was originally enacted in 2004, offenders were given ten days to report an address change to the state police. However, a 2006 legislative change reduced that period to 48 hours. Thus, the 48-hour period was in effect when Appellant relocated on April 1, 2009. In 2011, Appellant was convicted at a bench trial of failing to timely register his new address and sentenced to a term of imprisonment. After his direct appeal rights were restored nunc pro tunc, the Superior Court awarded a new trial due to the trial court’s failure to conduct a jury-waiver colloquy. In the interim, Section 4915 of the Crimes Code expired and was replaced with Section 4915.1, as part of Megan’s Law IV – commonly known as the Sexual Offender Registration and Notification Act (“SORNA”). SORNA went into effect on December 20, 2012, and provided for the expiration of Megan’s Law III at that time. The following year, this Court announced its decision in Commonwealth v. Neiman, 624 Pa. 53, 84 A.3d 603 (2013), finding that Act 2004-152 amounted to omnibus legislation in violation of the Constitution’s single-subject rule. Thus, Neiman invalidated Act 2004-152 – which included Megan’s Law III – in its entirety. The Supreme Court held that, at the time of Appellant’s second trial and sentencing, the Commonwealth lacked authority to prosecute him for having waited until April 6, 2009, to report his April 1, 2009, address change. Therefore, the trial court should have granted his motion to dismiss. View "Pennsylvania v. Derhammer" on Justia Law

In this appeal, we review the trial court’s determination that 75 Pa.C.S. 1611(e) violated Pennsylvania’s constitutional right to due process and the federal and Pennsylvania constitutional prohibitions on cruel and unusual punishment. In 2013, a Pennsylvania State Police informant asked Appellee Lawrence Shoul, who held a CDL, to retrieve marijuana from one of Appellee’s co-workers and deliver it to the informant. Appellee obliged, using a motor vehicle to do so, whereupon he was arrested and charged with two counts of felony manufacture, delivery, or possession with intent to deliver a controlled substance, and ultimately convicted of the same. Thereafter, PennDOT notified Appellee that, pursuant to Section 1611(e), he was disqualified from holding a CDL for life. Appellee appealed his disqualification to the trial court, which found that Section 1611(e) violated Pennsylvania’s constitutional right to substantive due process and the federal and Pennsylvania constitutional prohibitions on cruel and unusual punishment. Preliminarily, the Pennsylvania Supreme Court agreed with the trial court that Section 1611(e) was not rationally related, at least as a matter of Pennsylvania constitutional jurisprudence, to the protection of highway safety. Furthermore, the Court found merit in the trial court’s view that Section 1611(e)’s severity, relative to Section 1611’s other sanctions for conduct plainly more dangerous to highway safety, undermined the notion that it was rationally related to that purpose. Furthermore, the Court agreed that Section 1611(e)’s imposition of a lifetime disqualification undermined its rational relationship to promoting highway safety. However, the Court agreed with PennDOT that the trial court overlooked the fact that Section 1611(e) served the legitimate governmental purpose of deterring drug activity. The Supreme Court: reversed the trial court’s order insofar as it held that Section 1611(e) violated the Pennsylvania constitutional right to substantive due process; vacated the trial court’s order insofar as it held that Section 1611(e) violated the federal and state constitutional prohibitions on cruel and unusual punishment; and remanded this case back to the trial court for further proceedings. View "Shoul v. Bureau of Driver Licensing" on Justia Law

The Pennsylvania Supreme Court granted the petition for allowance of appeal filed by Daniel Loughnane to determine whether the Superior Court erred by holding that the federal automobile exception found in Commonwealth v. Gary, 91 A.3d 102 (Pa. 2014), permitted the seizure of Loughnane’s truck while it was parked in his residential driveway. In 2012, a large, dark-colored truck with a loud exhaust system was involved in a hit-and-run accident which killed nineteen-year-old Rebecca McCallick while she lay in the roadway on Hazle Street in Wilkes-Barre, Pennsylvania. This happened in front of the apartment she shared with her boyfriend, John Schenck, III, who observed the accident from their second story window. Schenck provided several statements to members of the Wilkes-Barre Police Department, describing the truck in question and identifying a vehicle in a photograph shown to him by police that he believed “looked like” the truck that struck his girlfriend. Schenck’s father came across a truck parked in a residential driveway on Liberty Street in Ashley, that he believed fit Schenck’s description. Schenck’s father took a photograph of the truck and showed it to Schenck, who identified it as the vehicle involved in the accident. That afternoon, police went to the address where Schenck’s father had observed the truck. The detective learned that Loughnane owned the residence and the truck parked in the driveway. Unable to reach Loughnane at home, the detective went to various locations in an attempt to find him or to obtain contact information for him ‒ including Loughnane’s place of business, his neighbors’ homes, and the home of Loughnane’s parents ‒ all without success. During this time, the truck was left unattended. The Supreme Court concluded after a review of the facts of this case that "Gary" does not operate to permit the warrantless seizure of a vehicle parked on a defendant’s residential driveway. The Court therefore vacated the Superior Court's judgment and remanded the case for further proceedings. View "Pennsylvania v. Loughnane" on Justia Law