Case law

Commonwealth v. Manley

503 Pa. 482 · Supreme Court of Pennsylvania · Dec 30, 1983

Manley be escorted to the Public Defender's Office immediately following the proceedings in order to determine whether he qualified financially for the services of the Public Defender. … Today, this Court appears to be adopting such a per se rule notwithstanding that Millhouse required actual delay. [1] This record clearly establishes that the Appellee undertook no action to delay judicial proceedings.

Commonwealth v. Markman

591 Pa. 249 · Supreme Court of Pennsylvania · Feb 21, 2007

Here, the jury did not indicate whether its verdict was based on accomplice or principal liability, but when viewed in the light most favorable to the Commonwealth as verdict winner, the evidence clearly establishes appellant … proves at the penalty phase that the defendant committed a killing by performing an act that directly caused the victim’s death, the defendant is not immune from application of the subsection (6) aggravating circumstance

Whalen, R. v. Public School Empl Ret Board, Aplt.

Supreme Court of Pennsylvania · Dec 22, 2021

It is the intent of the parties that this salary adjustment be income qualified for full pension credit by PSERS to be allocated to the year 2013-2014. … Turning to the instant settlement agreement, the court determined that the document “clearly expresses the parties’ intent that the $15,000.00 payment was a salary enhancement to resolve Whalen’s claim for back pay, and

Rieck-McJunkin Dairy Co. v. Pittsburgh School District

362 Pa. 13 · Supreme Court of Pennsylvania · Mar 25, 1949

“It does not seem to us that either ‘growth’ or ‘produce’ as used in this Act in any way qualify or enlarge the last word, to wit, ‘manufacture/ and that each one of these categories stands alone. … It would seem that these facts clearly establish that the defendant’s employer is a manufacturer.”

Laniecki v. Polish Army Veterans Ass'n of Lucyan Chwalkowski

331 Pa. Super. 413 · Supreme Court of Pennsylvania · Jul 6, 1984

complaints that because the law in Pennsylvania does not condone the awarding of punitive damages in the absence of a provision for compensatory damages, the trial court erred in affirming the award of the jury which “is clearly … It is essential, however, that facts be established that, apart from punitive damages, are sufficient to maintain a cause of action.

Commonwealth v. King

554 Pa. 331 · Supreme Court of Pennsylvania · Dec 2, 1998

Appellants further contend that the trial court improperly permitted the jury to be “death-qualified” by permitting voir dire to exclude those jurors who were opposed to the death penalty, while at the same time it failed … to require the jury to be “life-qualified” by conducting an examination to determine whether any jurors were partial to the death penalty.

In Re: Vencil, N. Appeal of: PA State Police

638 Pa. 1 · Supreme Court of Pennsylvania · Jan 19, 2017

reversed the trial court’s decision, holding that although the trial court properly held a de novo hearing and utilized a clear and convincing evidentiary standard, it erroneously concluded that the evidence presented clearly … Deference to the facts as found by the original factfinder is of particular importance in circumstances where the factfinders have specialized training or knowledge that makes them uniquely qualified to reach the findings

Commonwealth v. Young

536 Pa. 57 · Supreme Court of Pennsylvania · Nov 5, 1993

As such, it was clearly admissible. In addition, Detective Durante’s description of the crime scene established other facts and circumstances of the crime to be considered in fixing sentence. … In 1874, this provision was amended to its present form, which reads: “No ex post facto law, nor any law impairing the obligation of contracts, or making irrevocable any grant of special privileges or immunities, shall be

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.

Fischer & Porter Co. v. Porter

364 Pa. 495 · Supreme Court of Pennsylvania · Mar 20, 1950

Justice Stern, speaking for this court, declared that, — “In determining what constitutes the obligation of a contract, no principle is more firmly established than that the laws which were in force at the time and place … In any event, its clearly expressed intent admits of no legal doubt that the defendant is liable to tlie company for the amount of the refund which he actually received on account of his 1941 income taxes.

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

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.

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

Commonwealth v. Ferguson

327 Pa. Super. 305 · Supreme Court of Pennsylvania · Apr 19, 1984

suppression court is required to make findings of fact and conclusions of law as to whether evidence was obtained in violation of the defendant’s constitutional rights, ... and must determine whether the Commonwealth has established … In fact the circumstances surrounding the Pereau robbery indicate that Pereau was well-qualified to identify at least one of his assailants. 6 Pereau testified that at approximately 1:00 а. m. on December 25, 1980, while

Mason-Dixon Resorts, L.P. v. Pennsylvania Gaming Control Board

617 Pa. 18 · Supreme Court of Pennsylvania · Aug 20, 2012

To qualify as a “well-established resort hotel with substantial year-round recreational guest amenities,” the facility must offer “a complement of amenities characteristic of a well-established resort hotel, including but … 29 (335 rooms)), the BIE’s suitability report (322 qualifying rooms), and the Board’s Adjudication (322 or 280 rooms).

Commonwealth v. Bracey

604 Pa. 459 · Supreme Court of Pennsylvania · Dec 29, 2009

established, this Court follows that precedent. … As discussed previously, the Miller opinion clearly provided that a party could not simply rest upon the existing record from a non -Atkins proceeding, but had to produce relevant Atkins evidence to actually establish mental

Ben Avon Boro. v. Ohio Valley Water Co.

260 Pa. 289 · Supreme Court of Pennsylvania · Feb 25, 1918

Its abso- |; lute title ceased at high water mark, it had merely a j qualified right to the use of the land between high and Í low water mark, and its occupancy of that portion of the property which lay below high water mark … The extent to which these lines were useful for the public service, and the value of the lines, were clearly questions of fact which were peculiarly within the jurisdiction of the commission to determine.

Nardone v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

634 Pa. 585 · Supreme Court of Pennsylvania · Dec 29, 2015

[Appellant] was clearly exercising his rights *751 pursuant to section 1547(i). … Also, clearly the police believed if [Appellant] did not submit to. the test of their choosing he was refusing to submit to chemical testing. Id. at 3-4.

Commonwealth v. Jasper

531 Pa. 1 · Supreme Court of Pennsylvania · May 21, 1992

This includes prospective jurors who clearly express such antagonism to testimony by police that they will be prejudiced in the case. … The issue, of course, is whether the F.B.I. record qualifies as a Business Record under 42 Pa.C.S. § 6108(b): *15 § 6108.

Titlow v. Reliance Life Insurance

246 Pa. 503 · Supreme Court of Pennsylvania · Oct 5, 1914

It is clearly shown, indeed it is admitted, that the premium due in August, 1879, was tendered to the company, and was refused, upon the ground that the company was not then bound to receive it, and that the policy, according … Upon the established facts in the case the plaintiffs in the action were entitled to judgment. The assignments of error are overruled and the judgment is affirmed.