A blog of the Philadelphia Bar Association’s Criminal Justice Section

Supreme Court PA



Supreme Court of Pennsylvania.
COMMONWEALTH of Pennsylvania, Petitioner
1997 CHEVROLET AND CONTENTS SEIZED FROM James YOUNG [Elizabeth Young], Respondent.
Commonwealth of Pennsylvania, Petitioner
The Real Property and Improvements Known as 416 S. 62nd Street, Philadelphia, PA 19143 [Elizabeth Young], Respondent.
Nos. 24 EAL 2015, 25 EAL 2015.
July 30, 2015.
Petition for Allowance of Appeal from the Order of the Commonwealth Court.

AND NOW, this 30th day of July, 2015, the Petition for Allowance of Appeal is GRANTED. The issues are:
(1) Did [the] Commonwealth Court contravene United States Supreme Court precedent by limiting forfeitures to instrumentalities of the underlying offense?
(2) Did the Commonwealth Court contravene this Court’s and United States Supreme Court’s precedent by adopting a subjective test, including criminal culpability, for an excessive fine that is unworkable and illogical?
(3) Did the Commonwealth Court act beyond its authority and contravene this Court’s precedent and the Forfeiture Act by holding that an innocent owner defense is proven even where the owner knew of drug sales from her property by her adult son and did nothing to stop them?
 2015 WL 4576843 (Mem)

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