Case law

Commonwealth v. Williams

557 Pa. 207 · Supreme Court of Pennsylvania · Jun 4, 1999

Failure to life qualify the jury Williams’ fifth ground for relief is his claim that the trial court improperly permitted the jury to be “death-qualified” by permitting voir dire to exclude those jurors who were opposed to … There, he clearly and accurately described the actual disposition as a manslaughter conviction.

In Re Adoption of Stunkard

380 Pa. Super. 107 · Supreme Court of Pennsylvania · Dec 5, 1988

These factors were sufficient to establish, clearly and convincingly, that to give the mother custody of the child would, without doubt, have placed the child in a position of peril. … First we note that at the outset of this case, appellant requested appointment of “a psychiatrist or other qualified professional.” Appellant lodged no objection to the appointment of Dr.

Scranton Board of Zoning Appeals v. Silas

393 Pa. 10 · Supreme Court of Pennsylvania · May 26, 1958

The record clearly demonstrates that the board abused its discretion in awarding the certificate of use. … The commercial enterprise operated by Textiles, Inc. does not remotely qualify under the provisions of the zoning ordinance as quoted.

Commonwealth v. Nesbit

394 Pa. Super. 287 · Supreme Court of Pennsylvania · Jun 1, 1990

Furthermore, a review of the evidence clearly establishes that the evidence regarding appellant’s criminal intent to commit the violations of the medicaid fraud statute was sufficient to sustain his convictions. … Thus, even if we were to accept appellant’s argument regarding the two-pronged burden placed upon the Commonwealth to establish violations, the record clearly reveals that the Commonwealth met that burden.

Commonwealth v. Giulian v. Aplt.

636 Pa. 207 · Supreme Court of Pennsylvania · Jul 19, 2016

Moreover, appellant argues, the Superior Court’s concern that her reading renders the final phrase of the statute surplusage is misplaced because the words “following the conviction for that offense” are necessary to establish … At the same time, the permissive language of Section 9122(b) — providing “[c]riminal record history may be expunged” — clearly vests discretion in the court to expunge a qualifying record. See also Commonwealth v.

Commonwealth v. Haber

351 Pa. Super. 79 · Supreme Court of Pennsylvania · Feb 11, 1986

Clearly the excited utterance exception cannot be used to qualify the hearsay testimony of Mrs. Leigh-Manuel and Mrs. Predmore. See Commonwealth v. Kasko, 322 Pa.Super. 62 , 469 A.2d 181 (1983). The testimony of Mrs. … Therefore, this testimony was clearly corroborative evidence.

Darlington v. Allegheny City

189 Pa. 202 · Supreme Court of Pennsylvania · Jan 2, 1899

He was clearly competent to form and express such opinion and from his knowledge of market values in that neighborhood, might have gone more particularly into the subject, but defendant proceeded no further. … His competency certainly to the extent he testified, is established by Dawson v. City of Pittsburg, 159 Pa. 326 . And the very case cited by appellant to establish error, Michael v.

Commonwealth v. Marabel

445 Pa. 435 · Supreme Court of Pennsylvania · Oct 12, 1971

Clearly, when questioning takes place in a police station there can be custody. See Miranda v. Arizona, supra. … Clearly the Court meant that something more than official interrogation must be shown.

Seip Et Ux. v. Laubach

333 Pa. 225 · Supreme Court of Pennsylvania · Apr 12, 1938

The evidence merely established that the assignment was made as further security to the bank and that at the time defendant was insolvent. … The assignment is absolute on its face, but the record clearly shows that it was intended only as additional security for the debt due.

Preston v. Jones

9 Pa. 456 · Supreme Court of Pennsylvania · Jan 16, 1848

These are still more clearly indicated, if it be read in reference to the condition of the testator’s family, and the relation he held to the property, which was the subject of it. … To carry this object into effect, he entertained the desire to establish a more convenient line of division between the two tracts than then existed.

Masciantonio Will

392 Pa. 362 · Supreme Court of Pennsylvania · Apr 21, 1958

This testimony, together with other testimony concerning the decedent’s condition, prompted this Court to state (p. 640) : “Since the testamentary incapacity of decedent was so clearly established we need not discuss the … This witness stated: “I feel I am better qualified to determine whether or not a man has testamentary capacity, than any one else.”

In Re Adoption of K.L.R.F.

356 Pa. Super. 555 · Supreme Court of Pennsylvania · Feb 24, 1987

It does not include the unwed father where paternity has not been acknowledged or established. … To promote the purposes of the Act, Congress saw fit to include § 1913(b), which clearly allows Indians to withdraw their consent to a preadoptive or foster placement. This is exactly what appellant did.

In Re Redevelopment Auth. of Philadelphia

595 Pa. 241 · Supreme Court of Pennsylvania · Dec 27, 2007

Eighth St., 891 A.2d at 830 . *249 As to the first prong of the Lemon test, the Commonwealth Court is clearly in error. … In Nyquist , a New York law established financial aid programs for nonpublic elementary and secondary schools, including direct monetary grants to “qualifying” nonpublic schools that were to be used for the “maintenance and

Pittsburgh Institute of Aeronautics Tax Exemption Case

435 Pa. 618 · Supreme Court of Pennsylvania · Nov 11, 1969

In accordance with our decision that PIA is not a “purely public charity,” the school also clearly fails to qualify for an exemption under 72 P.S. §5020.204(g). … Lawrence County, 353 Pa. 175 , 44 A. 2d 589 (1945). *628 We have carefully reviewed the record in this case and the findings of fact of the court below, and are satisfied that PIA has failed to establish its right to be exempt

Commonwealth v. Thomas

448 Pa. 42 · Supreme Court of Pennsylvania · Jun 28, 1972

The statements were clearly admissible. The police were engaged in a general fact-finding process in that they were interviewing everyone in the immediate area. … The court below found Miss Mallatratt qualified as an expert, basing its conclusion on her working experience.

Williams v. Concord Congregational Church

193 Pa. 120 · Supreme Court of Pennsylvania · Oct 6, 1899

If the findings of fact by the master are right, the decree of the court is manifestly wrong; wrong, because defendants were as much entitled to their qualified possession as plaintiffs to theirs. … established right.

Commonwealth v. Walker, D., Aplt.

Supreme Court of Pennsylvania · Jan 28, 2026

And, as discussed supra, the facts of each rape were not so unique or distinctive as to qualify as signature crimes. … Clearly, the purpose of these statements in the reports was to establish that the nurse examiners collected the swabs from the victims that were later used to identify their attacker’s DNA.

Commonwealth ex rel. Attorney General v. Mathues

210 Pa. 372 · Supreme Court of Pennsylvania · Apr 5, 1904

J., said: “ The State is not amenable to any suit, and is shielded by the immunity from any process or legal responsibility. … Mann, 5 W. & S. 403 , establishes this point, to our mind, beyond a doubt.

Lesker Case

377 Pa. 411 · Supreme Court of Pennsylvania · May 24, 1954

There can -be no doubt, therefore, that in order to qualify under Article 2, Section 5 of our present' Constitution a candidate for assemblymán must be an inhabitant (a permanent resident) within his claimed legislative district … In our opinion the evidence clearly establishes the legal domicile of Dr.

Commonwealth v. Waters

491 Pa. 85 · Supreme Court of Pennsylvania · Jul 15, 1980

Myers, 438 Pa. 218 , 261 A.2d 550 (1970), which clearly indicates a policy of limiting application of the felony-murder rule. . … But, in most cases, the language could have been qualified if such qualification was needed to dispose of the issue upon which we now focus. .