Justia Pennsylvania Supreme Court Opinion Summaries

Following remand in this capital case, the Commonwealth appealed the Court of Common Pleas of Philadelphia County's order granting Appellee Richard Hackett's petition pursuant to the Post Conviction Relief Act (PCRA). After determining that Appellee proved he was "mentally retarded" and thus, exempt from execution in accordance with the United States Supreme Court's decision in "Atkins v. Virginia," (536 U.S. 304 (2002)), the PCRA court set aside Appellee's death sentence. As the PCRA court made findings which were not supported by substantial evidence of record and made an error of law by improperly equating borderline intellectual functioning with mental retardation (intellectual disability), the Supreme Court reversed the PCRA court's order vacating Appellee's death sentence and dismissed his petition for collateral relief. View "Pennsylvania v. Hackett" on Justia Law

In September 2003, appellant The Cutler Group, Inc. sold a new house in Bucks County to Davey and Holly Fields. After living in the house for three years, the Fields sold the house to appellees Michael and Deborah Conway. In 2008, Appellees discovered water infiltration around some of the windows in the home, and, after consultation with an engineering and architectural firm, concluded that the infiltration was caused by several construction defects. In 2011, Appellees filed a one-count complaint against Appellant, alleging that its manner of construction breached the home builders' implied warranty of habitability. Appellant filed a demurrer, arguing, inter alia, that, as a matter of law, the warranty rextended from the builder only to the first purchaser of a newly constructed home because there was no contractual relationship between the builder and second or subsequent purchasers of the home. Recognizing that courts have traditionally required a showing of privity of contract before permitting a party to proceed with a warranty claim, the trial court concluded that the question presented was "one of policy as to who will bear the burden for damages caused by latent defects [in] relatively new residential dwellings." The trial court sustained Appellant's demurer based on lack of privity, and dismissed Appellees' complaint with prejudice. After an unsuccessful appeal to the Superior Court, appellees petitioned the Supreme Court. Finding no reversible error, the Supreme Court affirmed, holding that a subsequent purchaser of a previously inhabited residence may not recover contract damages for breach of the builder's implied warranty of habitability. View "Conway v. The Cutler Group, Inc." on Justia Law

Appellants Residential Warranty Corporation, Integrity Underwriters, Charles Rubendall and Keefer, Wood, Allen & Rahal, LLP filed suit in Dauphin County against appellees Alexander Bratic and Joseph Proko. The Keefer firm represented Residential and Integrity in that lawsuit, which alleged tortious interference with a contractual relationship. The case ended when the trial court granted appellees' motion for summary judgment. Appellees then sued appellants in Philadelphia County, asserting wrongful use of civil proceedings and common-law abuse-of-process claims based on the earlier dismissed suit. Pursuant to Pa.R.C.P. 1006(d)(1), appellants petitioned to transfer the case to Dauphin County based on forum non conveniens, alleging the pertinent "witnesses and evidence are located in Dauphin County such that depositions and trial in Philadelphia County will be a hardship to the [appellants] and the witnesses upon whom [appellants] must rely." The Pennsylvania Supreme Court granted allowance of appeal to clarify the requirements for transfers based on forum non conveniens. Based on the facts in record of this case, the Court found the trial court's proper consideration of the totality of the evidence justified the order to transfer the case. "Trial courts are vested with considerable discretion when ruling on such a motion, and '[i]f there exists any proper basis for the trial court's decision to transfer venue, the decision must stand.'" View "Bratic v. Rubendall " on Justia Law

Wes and Cynthia Collier lived in a home in Scranton, Pennsylvania with their children and step-children: 16-year-old Leslie Collier; 19-year-old Samantha Hintz; 22-year-old Dustin Hintz; and 22-year-old Matthew Collier, who was handicapped and could not walk. Appellee, then 25-years-old, moved into the Collier home. At the time, he and Samantha were boyfriend and girlfriend, and they lived in her bedroom. Between May and June 2008, Samantha and Appellee were no longer getting along, so Appellee was given his own bedroom in the basement. Appellee became angry when he found Justin Berrios, age 22, Samantha’s former boyfriend and the father of her 2-year-old child Tristan, sitting on Samantha’s bed with her. After working their shifts, Samantha gave Appellee a ride home. Appellee left for a friend’s house, and Cynthia retired for the evening at 11:00 p.m. In the early hours of July 17, 2008, Appellee returned to the Collier home and stabbed Justin to death. When police arrived at the house, they found Samantha, Cynthia and Matthew bound. Samantha had been assaulted; Justin, Leslie and Dustin were dead. Appellee was charged with three counts each of first-degree murder, second-degree murder and third-degree murder, robbery, indecent assault and kidnapping, and convicted by jury on all counts. A three-judge panel of the Superior Court, in relevant part, unanimously determined the facts were insufficient to sustain the kidnapping charge, and, as a result, the second-degree murder convictions. The Commonwealth appealed the Superior Court's judgment. Finding that the victims, although imprisoned in their home, nevertheless, were confined in a place of isolation, satisfied the Commonwealth’s definition of kidnapping. Thus, the Superior Court was reversed and the trial court's judgments of sentence reinstated. View "Pennsylvania v. Rushing" on Justia Law

A Pittsburgh police officer on foot patrol came upon Appellant Duane Jemison, Jr.'s car which was parked improperly in a legally marked handicapped parking spot. Upon running the car's license plate number, the officer discovered that the car had been carjacked a few days before. As other officers arrived at the scene, Appellant entered the car and started to drive away, but was immediately stopped by a police vehicle in his path. The officers ordered Appellant to get out of the car. Rather than complying immediately, Appellant moved one of his hands downward toward the floorboard, where one of the officers then observed a gun. After a search, officers recovered a gun with the hammer back, the safety off, and a round in the chamber from the floor of the vehicle. Appellant was charged with persons not to possess a firearm, carrying a firearm without a license, resisting arrest, and two counts of receiving stolen property. He was tried by jury for persons not to possess a firearm, after this charge had been severed from the others. To establish Appellant's guilt of this charge, the Commonwealth was required to prove that Appellant had been previously convicted of a statutorily enumerated offense that barred him from possessing a firearm, and that he had, indeed, possessed a firearm. It was undisputed that, in 2008, Appellant had been convicted of robbery, and the Commonwealth sought to introduce at trial the evidence of this robbery conviction. However, Appellant sought to stipulate only that he had been convicted of one of the enumerated offenses, without stating that the specific offense was robbery. The issue this case presented for the Supreme Court's review was the continued viability of "Commonwealth v. Stanley," (446 A.2d 583 (Pa. 1982)), where the Court held that the prosecution was not required to accept a defendant's offer to stipulate to the fact of a prior conviction when the conviction was an element of the offense charged. Concluding that "Stanley" remained good law despite the United States Supreme Court's holding in "Old Chief v. United States," (519 U.S. 172 (1997)), the Pennsylvania Court affirmed the Superior Court's order affirming Appellant's sentence. View "Pennsylvania v. Jemison Jr." on Justia Law

The Pennsylvania Turnpike Commission filed a petition for review of an order of the supervising judge of the Thirty-Third Statewide Investigating Grand Jury (Dauphin County) which denied the Commission’s motion for a protective order seeking to prohibit the Office of Attorney General from reviewing allegedly privileged or protected communications between the Commission and its counsel. Finding no reversible error, the Supreme Court affirmed the denial of the Commission's petition. View "In Re: 33rd Statewide Investigating Grand Jury" on Justia Law

The Commonwealth appealed a Superior Court order that held a trial court was required to determine whether a child victim was competent to testify prior to admitting to her out-of-court statements into evidence under the Tender Years Hearsay Act (TYHA). Upon review of the facts of this case, the Supreme Court reversed the Superior Court, holding that a determination of a child's competency under the rules of evidence is not a prerequisite to the admission of hearsay statements under TYHA. View "Pennsylvania v. Walter" on Justia Law

Appellant Imanuel Bassil Ali appealed the dismissal of his second petition for collateral relief under the Post Conviction Relief Act as untimely filed. Appellant argued he suffered from mental incompetency at relevant times during his first PCRA proceedings so as to qualify his second PCRA petition for the newly-discovered evidence exception to the PCRA time-bar. Because he failed to establish his claim by a preponderance of the evidence, the Supreme Court affirmed the dismissal. View "Pennsylvania v. Ali" on Justia Law

In a medical malpractice case, the issue presented for the Supreme Court's review centered on whether the trial court properly gave an "error in judgment" jury instruction. The underlying case arose out of the death of a two-month-old child while under the care of his pediatricians. Appellees sued the pediatricians. Their experts testified that the doctors deviated from the standard of care by failing to refer the child for further testing. The trial judge held a charging conference and stated that all of the doctors' proposed points for charge would "either be read or covered." The judge, however, did not say which (if any) proposed changes would actually be read to the jury. Appellees did not object at the time. The judge then proceeded to discuss one of the doctors' proposed "error in judgment" charge. Counsel for Appellees objected that the instruction was inappropriate for this case. The judge ultimately included the "error in judgment" charge when instructing the jury. The jury later ruled in the doctors' favor. Appellees filed timely post-trial motions arguing, among other things, the trial court erred in giving the "error in judgment" charge. Approximately one month after Appellees filed their post-trial motions (and before the trial court ruled on those motions), the Superior Court filed its decision in "Pringle v. Rapaport," (980 A.2d 159 (Pa.Super. 2009)). In that case, the trial court had given a charge very similar to the one given here. Approximately one year later, the Superior Court decided Pringle, holding: "such an instruction should never be given because it 'wrongly suggests to the jury that a physician is not culpable for one type of negligence, namely the negligent exercise of his or her judgment.'" The trial court here denied Appellees' post-trial motions and entered judgment in the doctors' favor. The Supreme Court concluded the Superior Court applied Pringle correctly to the circumstances of this case. The case was remanded to the trial court for further proceedings.View "Passarello v. Grumbine" on Justia Law

Appellee Christopher Williams was convicted of first degree murder and subsequently sentenced to death for the murders of three men in September of 1989. The Supreme Court affirmed the sentence on direct appeal. Appellee then sought post-conviction relief. The PCRA court initially granted Appellee relief on a basis unrelated to this appeal. The Supreme Court subsequently reversed the PCRA court and remanded for disposition of Appellee's remaining claims. On remand, the PCRA court granted Appellee a new trial, finding that trial counsel rendered ineffective assistance by failing to investigate medical and forensic evidence and finding that appellate counsel likewise rendered ineffective assistance by failing to argue on appeal that the trial court erred when it limited cross-examination of the Commonwealth's expert witnesses. Thirty days after the PCRA court entered its order granting Appellee a new trial, the Commonwealth electronically filed with the Philadelphia County Clerk of Courts a notice of appeal and jurisdictional statement appealing the grant of a new trial to the Supreme Court. The Clerk sent the Commonwealth an electronic confirmation indicating that the notice of appeal was received. Nonetheless, the Clerk refrained from time-stamping the notice of appeal on that date. Instead, the following day, the Clerk informed the Commonwealth that its notice of appeal was defective because it was missing two docket numbers and/or because the Clerk's office preferred a separate notice for each of the three docket numbers contained therein. The Commonwealth filed an amended notice of appeal that the Clerk accepted and time-stamped upon receipt. Appellee filed a Motion to Quash the Commonwealth's appeal with the Supreme Court, arguing that the appeal was untimely because the Commonwealth failed to file it within thirty days of the PCRA court's order, assuming the Commonwealth filed its notice of appeal on the date the Clerk time-stamped the amended appeal. Appellee argued the Supreme Court lacked jurisdiction to hear the appeal because of the amended filing. Finding no reversible error, the Supreme Court found the Commonwealth's appeal as timely, and denied Appellee's Motion to Quash. View "Pennsylvania v. Williams" on Justia Law