OPINION Justice SAYLOR . In this appeal by allowance, we consider whether sentences for multiple crimes of violence committed in the same criminal episode are each subject to statutory enhancement, where the sentences are governed by the second-strike provision of Pennsylvania's recidivist sentencing statute. In 1992, Appellee forced his way into a woman's home and sexually assaulted her. He pled guilty to rape and burglary and was sentenced to four to ten years' imprisonment. Within a...
OPINION Justice BAER . Nearly eight years after criminal charges against him were dismissed, Todd Allen (Appellee) moved for the return of property seized from the vehicle he was driving at the time of his arrest pursuant to Rule 588 of the Pennsylvania Rules of Criminal Procedure. The trial court, applying Commonwealth v. Setzer, 258 Pa.Super. 236 , 392 A.2d 772 (1978), and Commonwealth v. One 1990 Dodge Ram Van, 751 A.2d 1235 (Pa.Cmwlth.2000), found that Appellee's claim...
ORDER PER CURIAM . AND NOW, this 15th day of December, 2014, the Petition for Review or, in the Alternative, Notice of Appeal is denied.
OPINION Justice STEVENS . In this fact-specific appeal by the Commonwealth, we consider whether the Superior Court erred in holding the right of a juvenile accused to be confronted with a witness against him conferred by the Confrontation Clause of the Sixth Amendment to the United States Constitution was violated where the juvenile court admitted into evidence an out-of-court, video-taped, forensic interview of a child complainant under the Tender Years Hearsay Act ("TYHA"), even though...
OPINION PER CURIAM . This discretionary appeal concerns whether the class action proceedings in this case improperly subjected Appellants to a "trial by formula." The trial court certified the class, a jury rendered a divided verdict, and the Superior Court affirmed in part and reversed in part. We now affirm. Appellees brought various class action claims against their former employers, Wal-Mart Stores, Inc., and Sam's Club (hereinafter "Wal-Mart"), based on policies and conduct...
ORDER PER CURIAM . AND NOW, this 1st day of December, 2014, the order of the Superior Court is hereby AFFIRMED.
ORDER PER CURIAM . AND NOW, this 19th day of November, 2014, the Order of the Philadelphia County Court of Common Pleas is hereby AFFIRMED. Justice STEVENS files a concurring statement. Justice STEVENS , concurring. While I concur in the result, I would have preferred a disposition with an opinion. Therein, I would have found Appellant met his burden of establishing his second PCRA petition is timely under the governmental interference exception of 42 Pa.C.S. 9545(b)(1)(i) and...
ORDER PER CURIAM . AND NOW , this 30th day of October, 2014, the Order of the Commonwealth Court is AFFIRMED.
ORDER PER CURIAM. AND NOW, this 24th day of September, 2014, the order of the Commonwealth Court is hereby AFFIRMED.
ORDER PER CURIAM. AND NOW, this 18th day of August, 2014, the Order of the Commonwealth Court is hereby AFFIRMED, without prejudice to any right Appellant may have, pursuant to Fajohn v. Com., Dep't of Corrections, 547 Pa. 649 , 692 A.2d 1067 (1997), to seek modification of his sentence nunc pro tunc in the Philadelphia County Court of Common Pleas.
OPINION Justice BAER . Before this Court is a Motion to Quash the Commonwealth's appeal from an order of the Court of Common Pleas of Philadelphia County granting Appellee Christopher Williams' petition for relief under the Post Conviction Relief Act, 42 Pa.C.S. 9541-9546 in this capital case. Appellee argues that this Court lacks jurisdiction to hear the appeal because the Commonwealth failed to file timely its notice of appeal with the Philadelphia County Clerk of Courts in...
ORDER PER CURIAM. AND NOW, this 21st day of July, 2014, the order of the Commonwealth Court is AFFIRMED.
OPINION Justice BAER. 1 Appellant Lance Arrington appeals from the sentence of death imposed by the Philadelphia County Common Pleas Court after a jury convicted him of first-degree murder and violating the Uniform Firearms Act. For the reasons stated herein, we affirm Appellant's conviction and judgment of sentence. 2 The record indicates that Appellant began dating the victim, Tondra Dennis, after he moved to Philadelphia in July, 1993. As the relationship progressed, Tondra's friends...
OPINION Justice EAKIN. Leroy Fears appeals from the order denying him collateral relief from his criminal convictions and death sentence, pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S. 9541-46. We affirm. Appellant pled guilty to first degree murder, corruption of minors, abuse of a corpse, and two counts of involuntary deviate sexual intercourse (IDSI) relating to the sexual assault and death of a 12-year-old victim. 1 Pursuant to a court-ordered pre-sentence...
OPINION Chief Justice CASTILLE. In this capital case pending on collateral review, the Commonwealth appeals the order of the Court of Common Pleas of Lehigh County granting the discovery motion of appellee James T. Williams in connection with his petition filed under the Post Conviction Relief Act ("PCRA"). See 42 Pa.C.S. 9541-9546. 1 The discovery order directed the Commonwealth to produce to appellee's standby counsel "all notes" prepared by the trial prosecutor "concerning...
OPINION Justice STEVENS. Imanuel Bassil Ali ("Appellant") appeals from the order dismissing his second petition for collateral relief under the Post Conviction Relief Act ("PCRA"), 42 Pa. C.S. 9541-9546, as untimely filed. Represented by the Federal Community Defender's Office ("Federal Defender"), Appellant asserts he suffered from mental incompetency at relevant times during his first PCRA proceedings so as to qualify his present, second PCRA petition for the newly-discovered evidence...
OPINION Justice TODD. In this appeal by the Commonwealth, we consider whether the Superior Court erred in holding the trial court was required to determine that the child victim was competent to testify under Pa.R.E. 601 prior to admitting her out-of-court statements into evidence pursuant to the Tender Years Hearsay Act ("TYHA"), 42 Pa.C.S.A. 5985.1. We hold that a determination of a child's competency pursuant to Rule 601 is not a prerequisite to the admission of hearsay statements...
OPINION Justice McCAFFERY. We granted review in this medical malpractice case to consider whether the trial court properly gave an "error in judgment" jury instruction, i.e., an instruction that physicians are not liable for their "errors in judgment" when making medical decisions. I The Superior Court's opinion sets forth the factual background, as follows: This matter arose out of the death of two-month-old Anthony Passarello, who died while under the care of defendant pediatrician...
ORDER PER CURIAM. AND NOW, this 23rd day of January, 2014, the order of the court of common pleas is REVERSED, the delinquency petition is REINSTATED, and the case is REMANDED to the court of common pleas for resolution of any issues C.S. properly raised in her motion to dismiss. The court erred when it sua sponte raised a vagueness challenge to 18 Pa.C.S. 6312 and declared the statute unconstitutional on that basis. See MacGregor v. Mediq, Inc., 395 Pa.Super. 221 , 576 A.2d...
ORDER PER CURIAM. Senator Joseph Scarnati, III, President Pro Tempore of the Pennsylvania State Senate, and Representative Samuel H. Smith, Speaker of the Pennsylvania House of Representatives (the "legislators"), appeal the Order of the Commonwealth Court denying their "Petition to Intervene, and for Expedited Consideration Thereof." The Commonwealth Court held that the legislators did not have a legally enforceable interest in the action. Slip Op. at 8 (citing Pa.R.C.P. No. 2327(4)); see...
