Posted in Constitutional Rights on June 28, 2026

Third Circuit: A Change in the Law Is Not Enough to Reopen a Criminal Conviction The United States Court of Appeals for the Third Circuit recently reaffirmed that overturning a criminal conviction years after it becomes final remains extraordinarily difficult—even when the law changes in a defendant’s favor. In Bracey v. Superintendent Rockview SCI, No…. view more

Posted in 2nd Amendment, Constitutional Rights on June 27, 2026

Supreme Court Invalidates Gun Carry Restrictions on Business Property Open to Public In a significant Second Amendment decision, the United States Supreme Court ruled that Hawaii’s law prohibiting licensed concealed carry permit holders from carrying firearms onto private property open to the public—unless the property owner expressly authorized it—is unconstitutional. In Wolford v. Lopez, No…. view more

Posted in DUI on June 24, 2026

Can the Commonwealth prove a DUI charge even when the exact time of driving is unknown? In a significant Pennsylvania DUI decision, the Pennsylvania Supreme Court addressed this question in Commonwealth v. Starry, 243 A.3d 364 (Pa. 2020). The case provides important guidance on how prosecutors may prove a DUI charge involving a blood alcohol… view more

Posted in 2nd Amendment, Medical Marijuana, Penn State Marijuana Possession on June 18, 2026

Landmark Second Amendment Decision in United States v. Hemani On June 18, 2026, the United States Supreme Court issued a significant Second Amendment ruling in United States v. Hemani, holding that the federal government cannot automatically prohibit a person from possessing firearms solely because they regularly use marijuana. The Court ruled that the government’s application… view more

Posted in 2nd Amendment on June 12, 2026

In U.S. v. Squire, the Fifth Circuit Court of Appeals upheld the constitutionality of 18 U.S.C. § 922(g)(1), the law that prohibits people convicted of crimes “punishable by more than one year in prison” from possessing firearms. Squire argued that the law was unconstitutional because it inhibited his 2nd Amendment right to have a firearm… view more

Posted in General on June 12, 2026

Pennsylvania’s Superior Court recently addressed whether a DUI defendant can be denied entry into the Accelerated Rehabilitative Disposition (ARD) program after refusing a blood test in a Huntingdon County DUI case.  In Commonwealth v. Falzone, the court held that denying ARD under these circumstances does not violate a defendant’s constitutional rights. Background of the Case… view more

Posted in Fourth Amendment on June 9, 2026

The Pennsylvania Superior Court, sitting en banc, recently issued a significant Fourth Amendment decision in Commonwealth v. Herlth that held that police violated constitutional protections against unreasonable searches when a state trooper shined a flashlight through a small manufacturer’s hole in a closed shoebox inside a man’s home during an overdose response. The ruling reinforces… view more

Posted in Constitutional Rights on June 4, 2026

Improper & Unethical Ex Parte Communications The Pennsylvania Superior Court has granted a new trial to a Centre County defendant after finding that undisclosed text message communications between the trial judge and prosecutor during trial violated the defendant’s constitutional right to due process.  In Commonwealth v. Brooks 1550 MDA 2024, the court reviewed allegations that… view more