Commonwealth, Aplt. v. Childs, W.
Supreme Court of Pennsylvania
1Opinion of the Court
OPINION
Justice DONOHUE.
In this appeal by the Commonwealth, we are asked to determine whether William Childs (“Childs”) was entitled to a castle doctrine1 jury instruction pursuant to 18 Pa.C.S.A. § 505(b)(2.1), which became effective after Childs was charged with the crimes at issue but prior to his trial on those charges. We conclude that section 505(b)(2.1) does not affect a person’s right to use deadly force within his or her home, but rather creates an evidentiary presumption relevant to the evaluation of such a claim of self-defense, and is therefore a procedural statute. Because section…
2Cases cited23 opinions
- Francis v. FranklinSupreme Court of the United States · 1985
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- Barnes v. United StatesSupreme Court of the United States · 1973
- Lombard v. LouisianaSupreme Court of the United States · 1963
- Commonwealth v. JohnstonSupreme Court of Pennsylvania · 1970
18 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Commonwealth v. Batts, Q., Aplt.Supreme Court of Pennsylvania · 2017
- Commonwealth v. CannavoSuperior Court of Pennsylvania · 2018
- S.S. v. K.F.Superior Court of Pennsylvania · 2018
- Com. v. Brockington, P.Superior Court of Pennsylvania · 2020
- Com. v. Brockington, P.Superior Court of Pennsylvania · 2020
19 more not listed; retrieve them via the Exa API.