Legal Opinion

Commonwealth, Aplt. v. Childs, W.

Supreme Court of Pennsylvania

Decided July 19, 2016No. 19 EAP 2015PublishedCited by 24 opinions

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

  1. Francis v. FranklinSupreme Court of the United States · 1985
  2. County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
  3. Barnes v. United StatesSupreme Court of the United States · 1973
  4. Lombard v. LouisianaSupreme Court of the United States · 1963
  5. Commonwealth v. JohnstonSupreme Court of Pennsylvania · 1970

18 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Commonwealth v. Batts, Q., Aplt.Supreme Court of Pennsylvania · 2017
  2. Commonwealth v. CannavoSuperior Court of Pennsylvania · 2018
  3. S.S. v. K.F.Superior Court of Pennsylvania · 2018
  4. Com. v. Brockington, P.Superior Court of Pennsylvania · 2020
  5. Com. v. Brockington, P.Superior Court of Pennsylvania · 2020

19 more not listed; retrieve them via the Exa API.

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