Legal Opinion

Commonwealth v. Lewis

Superior Court of Pennsylvania

Decided March 2, 2018No. 257 MDA 2017PublishedCited by 17 opinions

1Opinion of the CourtOpinion By Panella, J.

In this appeal, we interpret and apply the Drug Overdose Response Immunity statute, 35 P.S. § 780-113.7 (the "Act"). In an effort to prevent overdose deaths, the Legislature provided for immunity from prosecution for certain crimes when a person has a reasonable belief someone is suffering from an overdose and contacts *788 local authorities. The Act provides this immunity to both the reporter and the victim, so long as several conditions are met.

At issue here is whether the statute applies to a person who reasonably believed she herself had overdosed and contacted authorities pursuant to this…

2Cases cited5 opinions

  1. Koken v. Reliance InsuranceSupreme Court of Pennsylvania · 2006
  2. Commonwealth v. MorrisSuperior Court of Pennsylvania · 2008
  3. Commonwealth v. WallSuperior Court of Pennsylvania · 2005
  4. Bankers Trust Co. v. FoustSuperior Court of Pennsylvania · 1993
  5. Commonwealth v. CarontenutoSuperior Court of Pennsylvania · 2016

3Cited by17 opinions

  1. Commonwealth v. MarkunSuperior Court of Pennsylvania · 2018
  2. State of Maine v. Billy L. BeaulieuSupreme Judicial Court of Maine · 2025
  3. Com. v. Marmillion, M.Superior Court of Pennsylvania · 2023
  4. Com. v. Nunez, O.Superior Court of Pennsylvania · 2020
  5. Com. v. Lehman, R.Superior Court of Pennsylvania · 2020

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