· 10/6/2022
Grimes, J. v. Prothy of the PA Supreme Ct.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that when a criminal statute was ambiguous and none of the alternative reasonable interpretations was most persuasive, under the rule of lenity, the statute would be construed in favor of the defendant
- stating that the rule of lenity only applies when there is “a grievous ambiguity or uncertainty in the statute”
- noting that when a proposition is phrased in the negative, the use of the word “or” may give rise to an interpretation that the “or” is conjunctive
- explaining that a statute's use of a conjunctive requires that all subparts be satisfied
- applying the rule of lenity as a last resort, only after exhausting the other canons of construction
- discussing the rule of lenity and holding that it applies only when a grievous ambiguity exists after exhausting the other canons of construction
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.