Pennsylvania v. Spruill (majority)
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The issue before the Supreme Court in this case centered on the proper scope of the “illegal sentence” doctrine. The Superior Court held that the claim at the heart of this appeal, implicated the legality of appellee’s sentence; found that the claim was meritorious; vacated appellee’s aggravated assault conviction; and then directed that the principle of double jeopardy precluded appellee from being recharged in connection with the assault. The Supreme Court addressed the question of whether the claim was subject to waiver. The Court found that appellee’s claim concerning her underlying conviction for aggravated assault did not implicate the legality of the sentence for purposes of issue preservation. Accordingly, the Court vacated the Superior Court's order and remanded the case back to to that court for consideration of appellee’s remaining appellate claims.
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