Why the Supreme Court was Right Last Week to Deny Review of the Pennsylvania Supreme Court Decisions Handed Down Prior to the 2020 Election

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois Law dean Vikram David Amar and professor Jason Mazzone argue that the U.S. Supreme Court correctly denied review last week of the Pennsylvania Supreme Court decisions handed down before the 2020 election. Dean Amar and Professor Mazzone explain why the majority denied review and point out that the dissenting opinions unwittingly demonstrate the rightness of the majority.

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State v. Joseph A.

Docket: SC20125

Opinion Date: March 9, 2021

Judge: Mullins

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the Appellate Court affirming Defendant's conviction of one count of assault of a disabled person in the third degree and one count of disorderly conduct, holding that any error in the proceedings below was harmless. Specifically, the Supreme Court held (1) the Appellate Court correctly concluded that Defendant knowingly, intelligently and voluntarily waived his right to counsel during the pretrial stage of the proceedings, and the trial court's canvass was sufficient; and (2) even assuming arguendo that had Defendant not waived the claim that he was denied the right to counsel at arraignment and during plea negotiations and that the trial court erred in failing to canvass him, any error was harmless.