Justia Constitutional Law Opinion Summaries

Appellant Michael Parrish appealed a Monroe County Court of Common Pleas order denying his petition for relief pursuant to the Post Conviction Relief Act (“PCRA”). Appellant was sentenced to death for the 2009 double murder of his girlfriend, Victoria Adams and their 19-month-old son, Sidney Parrish. Following the Pennsylvania Supreme Court's request for supplemental briefing, and after careful review, the Supreme Court held that Appellant’s Statement of Matters Complained of on Appeal filed pursuant to Pa.R.A.P. 1925(b) was so vague as to render all of his claims waived for purposes of this appeal. Additionally, the Court held that appellate counsel’s filing of a "woefully deficient statement, one which precludes merits review of all appellate issues," constituted ineffective assistance of counsel per se, warranting reinstatement of Appellant’s right to file a Rule 1925(b) statement nunc pro tunc. Accordingly, the Supreme Court remanded to the PCRA court for further proceedings. View "Pennsylvania v. Parrish" on Justia Law

Changes to the Pennsylvania Human Services Code terminated a cash assistance program for certain low-income individuals administered by the Department of Human Services ("DHS"). Appellants, being aggrieved by the termination of Cash Assistance, filed in the Commonwealth Court’s original jurisdiction, a Class Action Petition for Review on behalf of themselves and others similarly situated, seeking a preliminary injunction to prevent that aspect of the law from taking effect until a final merits determination as to the constitutionality of the act as a whole could be reached. The Commonwealth Court denied the request. After review, the Pennsylvania Supreme Court concluded the Commonwealth Court did not abuse its discretion in determining Appellants failed to carry their burden with regard to the likelihood-of-success-on-the-merits aspect of the standard for preliminary injunctive relief. That being the case, the Supreme Court did not not address whether the court erred in finding that Appellants failed to demonstrate irreparable harm. View "Weeks v. DHS" on Justia Law

In this appeal, the issue presented for the Pennsylvania Supreme Court’s consideration was a question of whether excerpts from the mental health treatment reports of Petitioner, a Roman Catholic diocesan priest, which were obtained by the investigating grand jury in this matter via subpoena, could be included in “Report 1” of the 40th Investigating Grand Jury. The subpoenas were issued as part of the grand jury’s investigation into allegations of acts of sexual abuse committed by priests and other church employees in six Catholic dioceses in Pennsylvania. This appeal concerned the last of the 32 challenges made by individuals named in Report 1 who requested redaction of their personal and/or identifying information from that report. After careful review, the Supreme Court concluded that, under the Mental Health Procedures Act (“MHPA”), this information was not subject to public disclosure. Therefore, the Court reversed the supervising judge of the grand jury’s decision allowing inclusion of these matters in Report 1. View "In Re: 40th IGJ of: R.M.L." on Justia Law

In February 2018, a Pennsylvania Department of Corrections prison guard died after an inmate attacked him and kicked him in the head with Timberland boots. Later that month, the Department suspended commissary sales of such boots. Thereafter, prison officials issued a memorandum to all inmates stating that, effective immediately, Timberland and Rocky boots could no longer be purchased by prisoners. In this direct appeal, the issue presented for the Pennsylvania Supreme Court’s review centered on whether the Department of Corrections acted permissibly in mandating that certain types of boots possessed by inmates be surrendered or sent home. The appellant alleged he owned a pair of Timberland boots, previously purchased through the prison’s commissary for approximately $99.00, which was deducted from his inmate account. He averred that, per the Memorandum’s requirements, his boots, and those of approximately 50,000 other inmates, would effectively be confiscated without a refund. Appellant characterized the killing of the prison guard as an isolated incident to which the Department overreacted, describing the seizure of his boots as constitutionally “arbitrary and irrational.” The Commonwealth Court determined Appellant failed to allege that the Department had engaged in any conduct prohibited by law, such as deceptive representation or the breach of a warranty; and the Department and its employees are protected by sovereign immunity from claims based on alleged intentional torts. The Supreme Court concurred with the Commonwealth Court and affirmed its order. View "Sutton v. Dept. of Corr." on Justia Law

In 2014, agents of the Office of Attorney General (“OAG”), as part of their investigation of the electronic dissemination of child pornography, discovered that a computer at an identified Internet Protocol (IP) address registered with Comcast Cable Communications, repeatedly utilized a peer-to-peer file-sharing network, eMule, to share child pornography. The OAG applied for, received, and executed a search warrant at Appellant Joseph Davis’s apartment. After being Mirandized, Appellant informed agents that he lived alone, that he was the sole user of the computer, and that he used hardwired Internet services which were password protected, and, thus, not accessible by the public, such as through Wifi. The agents arrested Appellant for the eMule distributions and seized his computer. Appellant was asked for the password to this computer and Appellant refused to give it. Appellant was charged with two counts of disseminating child pornography, and two counts of criminal use of a communication facility. The Commonwealth filed with the Luzerne County Court of Common Pleas a pre-trial motion to compel Appellant to divulge the password to his HP 700 computer. Appellant responded by invoking his right against self-incrimination. The trial court focused on the question of whether the encryption was testimonial in nature, and, denied the motion as a violation of Appellant’s Fifth Amendment rights. The Superior Court disagreed and reversed. The Pennsylvania Supreme Court found that such compulsion was indeed violative of the Fifth Amendment to the United States Constitution’s prohibition against self-incrimination. Thus, it reversed the Superior Court. View "Pennsylvania v. Davis" on Justia Law

In 2016, Pennsylvania State Police troopers initiated a traffic stop of a vehicle driven by Appellant Shane Smith based on their observation that the license plate was not illuminated, a violation of the Motor Vehicle Code. The troopers requested Appellant’s license and registration, at which point either Appellant or his passenger opened the glovebox. When the glovebox was opened, the troopers observed a plastic vial containing marijuana. A subsequent search of the vehicle revealed a firearm, ammunition, and a clip under the driver’s seat. The manufacturer’s number on the firearm appeared to have been scratched, but was still legible. Appellant was arrested and charged with, inter alia, possession of a firearm with an altered manufacturer’s number. In this appeal by allowance, the Pennsylvania Supreme Court considered whether the possession of a firearm with a scratched, but still legible, manufacturer’s number was sufficient to sustain a conviction for possession of a firearm with an “altered” manufacturer’s number. The Court held that, in order to establish that a manufacturer’s number was “altered” for purposes of 18 Pa.C.S Section 6110.2, the Commonwealth must establish that the number was changed in a material way, such as by making it look like a different number, or that it was rendered illegible, in whole or in part, to the naked eye. As the original manufacturer’s number on Appellant’s firearm was, notwithstanding the scratch marks, still legible to the naked eye, it reversed the Superior Court, vacated Appellant’s conviction and judgment of sentence for violating Section 6110.2, and remanded the matter for resentencing. View "Pennsylvania v. Smith" on Justia Law

Appellant Michael Mock was convicted for a 2006 DUI on March 27, 2007. More than ten years after committing this offense, but roughly nine years following his conviction, Appellant committed another DUI on July 10, 2016. He was later charged with DUI ?highest rate of alcohol; the Commonwealth deemed Appellant’s DUI a second offense and graded it as a misdemeanor of the first degree subject to increased penalties. Before proceeding to trial, Appellant filed a motion to quash the information, asserting that the Commonwealth improperly characterized the 2016 DUI as a second offense because his earlier offense did not constitute a prior offense under 75 Pa.C.S Section 3806. The Pennsylvania Supreme Court granted allocatur in this matter to address the relevant date for determining whether an earlier offense constitutes a prior offense. The Court agreed with the Superior Court that the ten-year lookback period ran from the occurrence date of the present offense to the conviction date of the earlier offense, rather than the occurrence date of the earlier offense. View "Pennsylvania v. Mock" on Justia Law

In February 2015, Appellant Joshua Prince (“Prince”) submitted a Right to Know Law (RTKL) request to the City of Harrisburg seeking records related to the Protect Harrisburg Legal Defense Fund (the “Fund”), which the City created to defray legal costs associated with defending challenges to local firearms ordinances. The Pennsylvania Supreme Court granted allocatur to decide whether a spreadsheet created by the City to show the receipt of funds from donors to the Fund constituted a financial record as defined in the RTKL. The Supreme Court found that although records that would disclose the identity of individual donors were generally exempted from disclosure under the RTKL, if those records could be characterized as financial records, public access was statutorily required. The Court concluded the Commonwealth Court erred in concluding that the donor spreadsheet was not a financial record and reversed. However, in light of its decision in Pennsylvania State Educ. Ass’n v. Commonwealth, Department of Community and Economic Development, 148 A.3d 142 (Pa. 2016) (“PSEA II”), the Court held that this case had to be remanded for the performance of a balancing test to determine whether any of the donors’ personal information may be protected from access under Article 1, Section 1 of the Pennsylvania Constitution. View "City of Harrisburg v. Prince" on Justia Law

In a case of first impression, the Pennsylvania Supreme Court considered whether either the common law or the First Amendment conferred a qualified right of access to the press and the public to inspect certain search warrant materials issued in connection with a grand jury investigation. A Pittsburgh television station was investigating allegations of improper sexual relationships between faculty and students at a local high school. The station sough access to a search warrant issued to search the school Administrative Building, and an order sealing the affidavit of probable cause supporting that search warrant. The Supreme Court determined no such right existed where, as here, the request was made while the grand jury’s investigation is ongoing. View "2014 Allegheny County IGJ Apl of: WPXI" on Justia Law

Jeffrey Olson entered an open guilty plea to one count of driving under the influence of alcohol, general impairment (“DUI”) in September 2015. This was Olson’s third DUI offense, and, at the time, he was subject to a sentence enhancement due to his refusal to submit to blood alcohol concentration (“BAC”) testing. In December 2015, the trial court sentenced Olson to a term of eighteen months’ to five years’ imprisonment, applying a then-applicable mandatory minimum sentencing provision. Olson did not file a direct appeal, and his sentence became final on January 20, 2016. On June 23, 2016, the U.S. Supreme Court decided Birchfield v. North Dakota, 136 S.Ct. 2160 (2016), which held, inter alia, that a state may not “impose criminal penalties on the refusal to submit” to a warrantless blood test. On August 17, 2016, Olson filed a timely, pro se petition for relief under the Pennsylvania Post Conviction Relief Act (“PCRA”), challenging, amongst other things, the legality of his sentence in light of Birchfield. The PCRA court affirmed Olson's conviction and sentence, finding that because Olson's judgment of sentence was already final, he might be entitled to benefit from Birchfield if that decision were deemed to apply retroactively on collateral review. The Pennsylvania Supreme Court determined that because Birchfield did not set forth a “categorical constitutional guarantee” that placed criminal punishment for blood test refusal “altogether beyond the State’s power to impose” but rather, established a procedural requirement that, once satisfied, authorized that punishment, the Birchfield rule was not substantive. Accordingly, Birchfield did not apply retroactively on post-conviction collateral review. View "Pennsylvania v. Olson" on Justia Law