Presumption of Innocence and Burden of Proof

No. 758 It bears remembering, at a time like this, that under our system of justice every person accused of a crime is presumed to be innocent until convicted in court by credible evidence. The finder of fact must conclude that guilt of a specific charge has been proven beyond a reasonable doubt in a […]

No, Marty Griffin, Joe Paterno Does Not Owe You an Explanation.

KDKA talk host Marty Griffin has been demanding that Joe Paterno talk about the pending criminal prosecution against two Penn State officials to whom he reported the Sandusky matter. Griffin is always attempting to try every new case on his radio program. Obviously, it is highly improper for Paterno or anyone else who might give evidence in the case to participate in the KD Kangaroo Court or even talk to Judge Griffin about it. That is what real courts are for.

Warning: Use of Firearms May Hazardous to Your Health.

A Florida statute prohibiting a physician from asking about gun ownership was struck down by a US District Court recently. No kidding.

Pennsylvania District Court holds individual mandate provision of Patient Provision and Affordable Care Act unconstitutional.

The constitutionality of the individual mandate provision of the Patient Protection and Affordable Care Act under the Commerce Clause may come before the United States Supreme Court later this term. A District Court in Pennsylvania recently joined those holding the individual mandate unconstitutional, which means that the Third Circuit may get into the debate before the Supreme Court settled the split among the circuits.

Corporate Personhood

No. 680 Mitt Romney received catcalls when he rejected new corporate taxes (as opposed to individual taxes) on grounds that “corporations are people, too.” At least one media commentator pronounced this a gaffe. As a matter of fact, Romney was right. There is not a corporate entity in the world that is not owned by […]

Poplawski Trial Begins After Two Years.

Considering the abundance of evidence, proving the case is not the problem. The problem is making the conviction stick without the case being sent back for a new trial on appeal. That is why the case will be tried before a jury selected in Dauphin County. There is too much at stake for the prosecution and the court to take that chance. And of course, the prosecution seeks not just a conviction for first degree murder, but the death penalty.

Don’t use Google Scholar, use Google Scholar Advanced Scholar Search.

No. 632 If you’ve been disappointed by Google Scholar for legal research, try the advanced version. It enables you to select jurisdictions, such as Third Circuit and Pennsylvania Courts. Once you find a case you like, click on the “How Cited” tab. Of course, there is no statute search, but you may be able to […]

Encore Post: Don’t Expect Privacy when Using Your Employer’s Email.

No. 571 and No. 625 I’ve preached this sermon before, but its an important one. Don’t use the company’s email to send a communication containing your own private business. That is, unless you don’t care whether the company and everyone else in the world finds out your secret. This principle was illustrated […]

Don’t Expect Privacy for Messages Sent on Your Employer’s Email System.

‘ve preached this sermon before, but its an important one. Don’t use the company’s email to send a communication containing your own private business. That is, unless you don’t care whether the company and everyone else in the world finds out your secret.

Obamacare and the Courts.

Despite what they tell you on Fox News, the decision by US District Judge Hudson in Richmond means little concerning the final resolution of the issues relating to the constitutionality of the requirement that everyone acquire health care insurance by — did someone say 2013?

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Welcome

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.

Pittsburgh Legal Back Talk

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

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