Supreme Court of Pennsylvania

Commonwealth v. Shifflett, G., Aplt.

May 30, 2025

Summary

Justice Dougherty dissents, arguing that the majority incorrectly held Pennsylvania's §3806 facially unconstitutional; he maintains that the statute can be constitutionally applied when a jury finds a prior ARD or when a defendant waives Apprendi rights, and warns that the majority's ruling threatens the ARD program.