Case law

Commonwealth v. Shults

221 Pa. 466 · Supreme Court of Pennsylvania · May 25, 1908

Such testimony must not be discredited by stating that it is merely opinion testimony, without reference to the opportunities of the .witness for qualifying himself to speak on the subject. … It is true, that where the accused denies that he committed the act, or where it is admitted or established that he did commit it, the motive is unimportant in determining guilt, but we distinctly ruled, in Commonwealth v

Commonwealth v. Burton

459 Pa. 550 · Supreme Court of Pennsylvania · Oct 16, 1974

At the third hearing, she was given immunity and she testified that she heard no plans on the part of appellant or his co-conspirators to blow up a police station. At trial, Mrs. … in this area: "`The proper test to be applied by a trial court in determining the admissibility of photographs in homicide cases is whether or not the photographs are of such essential evidentiary value that their need clearly

Coker v. SM Flickinger Co., Inc.

533 Pa. 441 · Supreme Court of Pennsylvania · Jun 2, 1993

It is asserted that this evidence would have established the force and impact of the collision. … When considering whether the record supports the trial court’s decision, we generally defer to the trial court’s judgment because, by virtue of its position, it is uniquely qualified to determine factual matters.

Morris v. Board of Property Assessment

417 Pa. 192 · Supreme Court of Pennsylvania · Feb 25, 1965

Under the jurisdictional test established by the majority in the instant case, the amount or value im controversy *199 was $3,100, yet this Court had not the slightest doubt of our jurisdiction. … Whether Morris was qualified was a question for-the sound discretion of the trial Judge and his ruling-will not be reversed by an appellate Court except in the case of clear error: Stevenson v.

Dauphin County Grand Jury Investigation Proceedings

332 Pa. 358 · Supreme Court of Pennsylvania · Sep 6, 1938

“Absolute” is never interpreted to mean qualified or conditional. … It goes to the very heart of his long established power.

COM. Ex Rel. SHUMAKER v. NY & PA. CO., INC.

378 Pa. 359 · Supreme Court of Pennsylvania · Jun 28, 1954

McCulloch, Esquire, should not file a warrant of attorney and establish their legal authority to represent the District Attorneys of Clarion and Butler Counties, the only two parties plaintiff remaining in the case. … An examination of the record and the various papers filed seems to clearly disclose that all aggressive action taken to date in and out of court other than the execution and filing of the complaint has been taken by and on

Commonwealth v. Treftz

465 Pa. 614 · Supreme Court of Pennsylvania · Jan 29, 1976

Certainly John Gilkey would be deemed to have a sufficient possessory interest in the searched premises as to qualify him under Brown to attack the constitutionality of the instant search and seizure, although he was without … The infrequency, irregularity, and brevity of the appellant’s visits made any expectation of privacy he might have had clearly unreasonable.” 457 Pa. at 636 , 326 A.2d at 382 . In United States v.

Wistuk v. Lower Mt. Bethel Township Zoning Hearing Board

592 Pa. 419 · Supreme Court of Pennsylvania · Jun 25, 2007

See Wistuk , 887 A.2d at 350 (Friedman, J., dissenting) ("Because the Board's October 22, 2003, meeting clearly was not scheduled for the equivalent purpose of the oral arguments allowed in Hogan and Gaster , I believe the … Weber , 140 Pa.Cmwlth. 177 , *Page 428 180-81, 592 A.2d 127 , 129 (1991) (holding that a meeting to announce deliberations did not qualify as a hearing for purposes of Section 908(9)), and Quality Food Markets, Inc. v.

Attorney T. v. Office of Disciplinary Counsel

519 Pa. 280 · Supreme Court of Pennsylvania · Aug 10, 1988

Pa.R.D.E. 402 clearly represents an effort to strike the proper balance with the attorney disciplinary rules regarding reporting. {See, Note to Pa.R.D.E. 402 citing DR 1-103). … Therefore, the information needed by the New Jersey authorities is obtainable through established procedures for discovery or reciprocal discipline.

Commonwealth v. DeFaveri

352 Pa. Super. 96 · Supreme Court of Pennsylvania · Feb 3, 1986

The Pennsylvania Supreme Court has established that the Commonwealth may appeal from an adverse ruling by the trial court on a suppression motion “when the Commonwealth certifies in good faith that the suppression order terminates … Additionally, the appellee does not question that probable cause existed and that the test was performed by qualified medical personnel at the direction of a police officer pursuant to a lawful arrest.

Commonwealth v. Fears

575 Pa. 281 · Supreme Court of Pennsylvania · Nov 20, 2003

These criminal acts are clearly sufficient to establish murder of the first degree. We now proceed to address the claims raised by Appellant on appeal. … This claim fails because the element of forcible compulsion was clearly established. In Commonwealth v.

Jarrett v. Wattsburg Area School District

516 Pa. 555 · Supreme Court of Pennsylvania · Dec 3, 1987

In arriving at this conclusion the court clearly stated that “the Board [is] required to rely on appellant’s record of certification as provided by the Superintendent at the time of suspension.” … In resolving the issue of establishing the actual date of suspension we find guidance in the recent decision of Pookman v. School District of the Township of Upper Saint Clair, 506 Pa. 74 , 483 A.2d 1371 (1984).

Pugh v. Holmes

486 Pa. 272 · Supreme Court of Pennsylvania · Jul 6, 1979

Philadelphia Board of Education, 453 Pa. 584 , 305 A.2d 877 (1973) (governmental immunity abolished) and Flagiello v. … Pennsylvania Hospital, 417 Pa. 486 , 208 A.2d 193 (1965) (immunity for charitable institutions abolished).

J.F. v. Department of Human Services, Aplt.

Supreme Court of Pennsylvania · Feb 17, 2021

DHS observes, unlike the statutory provisions regarding an indicated report which clearly provide for the right to a review or hearing, the CPSL provides no right of appeal for founded reports. Id. at 11. … Cmwlth. 2008) (“[I]f the findings made in the dependency proceeding in this case establish that K.R. abused the minors, it is unnecessary to provide K.R. with a separate administrative hearing to establish that K.R. abused

Allstate Life Insurance v. Commonwealth

617 Pa. 1 · Supreme Court of Pennsylvania · Aug 2, 2012

Section 991.1711(b) qualified the numerator as “that portion of the premiums received during such year on account of policies of life or health and accident insurance in which the premium rates are guaranteed during the continuance … Allstate counters that the Act as a whole establishes no intention to treat annuities differently than other policies with regard to tax credits.

Commonwealth v. Virtu

495 Pa. 59 · Supreme Court of Pennsylvania · Jul 17, 1981

The suppression judge informed the district attorney that he would not order Romeo to testify further unless the Commonwealth agreed to grant him immunity. Court was adjourned until the following morning. … Therefore, to qualify as Dinitz overreaching (as interpreted by Starks ), appellant must demonstrate that Fagan's actions constituted "prosecutorial misconduct undertaken in bad faith to prejudice or harass the defendant.

March v. Metropolitan Life Insurance

186 Pa. 629 · Supreme Court of Pennsylvania · Jul 21, 1898

In respect to the first class of questions above enumerated in which the materiality of them was submitted to the jury, we are clearly of opinion that they were all material and that the jury should have been so instructed … The answer to the defendant’s second point should have been a categorical affirmance, and not an affirmance qualified by the remark, “If those questions were asked.”

Sands Bethworks Gaming, LLC v. Pa. Dep't of Revenue

207 A.3d 315 · Supreme Court of Pennsylvania · Apr 26, 2019

See 4 Pa.C.S. § 1403 (establishing the State Gaming Fund within the Pennsylvania treasury). … All duly enacted legislation "enjoys a strong presumption of validity, and 'will only be declared void if it violates the Constitution clearly, palpably and plainly.' " Commonwealth v.

Commonwealth v. Bronshtein

556 Pa. 545 · Supreme Court of Pennsylvania · Apr 16, 1999

He states that he is competent, that he clearly understands that he is facing the death penalty, and he wants the death penalty. … period of time so that an accurate assessment of his competency can be made and his motivations explored----It is my opinion, that this can only be accomplished through the development of a trusting relationship with a qualified

In re: Canvass of Provis. Ballots Appeal of Walsh

Supreme Court of Pennsylvania · Sep 13, 2024

I urge litigants and their amici to redirect their pleading from the judiciary to the political actors who have a role in establishing the statutory voting requirements. … liberally in favor of the right to vote but, at the same time, we cannot ignore the clear mandates of the Election Code.”); Trust under Agreement of Taylor, 164 A.3d 1147, 1155 (Pa. 2017) (“If the language of the statute clearly