Pittsburgh Legal Back Talk

Legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus.

1410 Posts and Counting

Judge Richard Kopf: Still Crazy After All These Years

No. 1,314 I knew it couldn’t last. Judge Richard Kopf, a Senior United States District Judge in Nebraska, is blogging again. He shut down his long-time site,Hercules and the Umpire, a couple of years ago because court employees stated in a poll that they thought that the blog reflected poorly on the reputation of the […]

Enhanced Penalty for Refusing Blood Sample in DUI Arrest in Pa. is illegal following Birchfield v North Dakota.

No. 1,309 COMMONWEALTH OF PENNSYLVANIA v. MARIO GIRON, SUPERIOR COURT, NO. 1300 EDA 2016, FILED JANUARY 31, 2017 “Appellant, Mario Giron, appeals from the judgment of sentence entered on April 15, 2016. In this case, we hold that, pursuant to Birchfield v. North Dakota, 136 S.Ct. 2160 (2016),[1] a defendant who refuses to provide a blood sample when […]

Rental Properties in Pennsylvania are Required to Have Operating Carbon Monoxide Detectors

No. 1,260   Carbon Monoxide Alarm Standards Act 35 P.S. § 7221 – 7227 (Current through 12/18/2013) (When referring to section numbers, use the last digit of each section. For example, 25 P.S. §7222 might be referred to as Section 2 of the Act) TABLE OF CONTENTS Short title Definitions Administration Carbon monoxide alarm requirements […]

Once You Walk Out Your Front Door, Don’t Expect Privacy

No. 1,234 Summary:  Don’t expect privacy anywhere. The ABA Journal Blog reports that the Feds were bugging the area around the front steps of a courthouse.  It seems that lawyers would tell their clients to wait until after leaving the courthouse to talk about their case.  So, they would stand and talk just outside the […]

Is it Unconstitutional to Make Sleeping in Public a Crime?

No. 1,201 Here’s a very interesting article from Jurist, the Pitt Law School publication that follows legal news around the world. The Justice Department is attacking a Boise City ordinance that prohibits slewing in public.  Since everybody has to sleep, it is argued, this makes it a crime to be homeless.  The article gives a […]

Is Fantasy Football Illegal Gambling in Pennsylvania?

The question is, does this constitute illegal gambling? In Pennsylvania, probably not.

Former Justice Orie Melvin Not Required To Endure Humiliation, Handcuffed Pictures Stricken from Sentence By Superior Court.

The Superior Court affirmed the sentence of Joan Orie Melvin with one important change. She is not being required to endure the humiliation of being exhibited in a photograph of her in handcuffs after the trial. The Court held that this was an unnecessary humiliation.

Accusations Against Justice Baldwin While Acting as GC at Penn State Should Not Be Taken As Fact.

Justice Baldwin has had a distinguished career of service that can be matched by few others in this Commonwealth. She is entitled to the presumption that she represented Penn State in a prudent and effective manner.

Commenter Attacks My January 22, 2012 Post Calling For Apology to Paterno.

No. 881 On January 22, 2012, I published the following post, No. 791. At the time I wrote it, Joe Paterno had already died, but that fact was not publicly announced.  I received a comment today that stated that I should probably withdraw my post.  Well,  I won’t. Paterno may have been powerful and influential, […]

Is Hitchhiking a Crime? Apparently Not in New York.

No. 859 Hitchhiking is a lost art. There has been a precipitous decline since the Sixties, when college students routine stuck out a thumb and traveled hundreds of miles on the way to and from campus. Yes hitchhiking a dead almost everywhere.  But not at one location in New York City where the practice has […]

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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