Case law

Commonwealth v. Szuchon

506 Pa. 228 · Supreme Court of Pennsylvania · Nov 20, 1984

Although the accused may personally elect to waive his right to a speedy trial, he clearly cannot be permitted to utilize his right to choose his own counsel so as unreasonably to clog the machinery of justice and hamper … Appellant claims that the scientific and sociological surveys and data currently available have now conclusively established the “prosecution-proneness” of “death-qualified” juries and asks this Court to take judicial notice

Gen. Motors, LLC v. Bureau of Professional and Occupational Affairs

212 A.3d 40 · Supreme Court of Pennsylvania · Jul 17, 2019

These commitments extended to qualified vehicles that had been sold by Dealers and to those purchased from other dealers. See Stipulation at ¶¶10-11. … each dealer, they are established through a standard, copyrighted [SPPM] generated by GM."

Commonwealth v. Santiago, A., Aplt.

209 A.3d 912 · Supreme Court of Pennsylvania · Jun 18, 2019

Yet, eschewing an absolutist approach, Justice Holmes was quick to qualify his words, explaining that, "[o]f course this does not mean that facts thus [illegally] obtained become sacred and inaccessible. … The above constellation of federal and state high Court decisional law represents a compromise, determining that the necessity for deterrence does not reach so far as to immunize defendants from prosecution, or to require

Commonwealth v. Rizzuto

566 Pa. 40 · Supreme Court of Pennsylvania · Aug 20, 2001

Clearly there are distinctions between the crimes of murder and theft. … Therefore, the law was clearly, adequately and accurately set forth.

In Interest of McFall

533 Pa. 24 · Supreme Court of Pennsylvania · Nov 25, 1992

This agreement clearly stated that no immunity from the prosecution or other disciplinary proceedings would be afforded. … This possibility is all that is needed to establish the appearance of impropriety. Finally, appellant contends that the grant of new proceedings for appellees was inappropriate. We disagree.

Hepps v. Philadelphia Newspapers, Inc.

506 Pa. 304 · Supreme Court of Pennsylvania · Dec 14, 1984

This concept was clearly set out in Diamond v. … . *315 68, 7 A.2d 65 (1939), which stated that the immunity of a privileged communication “is an exception to the general rule that nothing short of the truth is a defense. . . .”

Com. v. Zoller

507 Pa. 344 · Supreme Court of Pennsylvania · Mar 29, 1985

This concept of the protection intended to be afforded by the Double Jeopardy Clause is clearly reflected in the U.S. Supreme Court's articulation of the central design of the guarantee: ". . . … "First, the Court has recognized that society would pay too high a price were every accused granted immunity from punishment because of any defect sufficient to constitute reversible error in proceedings leading to conviction

Weeks, J., Aplts. v. DHS

Supreme Court of Pennsylvania · Sep 28, 2023

Similarly, the Court’s qualified indication that Section 1’s “verbiage certainly suggests a comparative analysis” is too ginger by half. … Even allowing that City of Philadelphia is the recent case that seems most faithful to the Constitution’s proper function, the Court is not immune to creating problems with its poorly chosen language.

Commonwealth v. Bogan

482 Pa. 151 · Supreme Court of Pennsylvania · Oct 5, 1978

Evidence introduced at the hearing on the motion established that Mrs. … determine whether sufficient state action could be found if he had attended, for example, pursuant to a subpoena to testify at that time. [3] "No State shall make or enforce any law which shall abridge the privileges or immunities

Schlichter v. Keiter

156 Pa. 119 · Supreme Court of Pennsylvania · Jul 19, 1893

The learned counsel for the defendants fully and clearly understood the requirement^ of his position, and put the reasons on which he rested his contention into seven propositions. … Our conclusions on the whole ease are as follows: This society had a constitution and a confession of faith prior to 1889, which established both the polity and the creed of the church beyond question “ so far as they were

Trident Corp. v. Reliance Insurance

350 Pa. Super. 142 · Supreme Court of Pennsylvania · Jan 28, 1986

To secure a government contract, a contractor is required to submit, with its bid, a bid bond issued by a qualified surety or insurance company. … When Trident sought to establish a relationship with a bonding company, it engaged the services of Simkiss, the insurance and bonding broker.

Commonwealth v. Mayfield

832 A.2d 418 · Supreme Court of Pennsylvania · Sep 24, 2003

While Lawrence clearly establishes a due process right of consenting adults to engage in private sexual conduct free from governmental interference, the United States Supreme Court was careful to qualify the reach of its … is not prescribed by law, such element is established if a person acts intentionally, knowingly or recklessly with respect thereto.” 18 Pa.C.S. § 302(c).

Sumney Estate

425 Pa. 224 · Supreme Court of Pennsylvania · May 2, 1967

.” *227 Bess qualified as administratrix c.t.a. She also elected timely to take under the will. The estate consisted of personalty appraised at $10,610.70, and realty appraised at $6,075. … Sumney signed his will and at the date of his death this was a well established although artificial rule of construction.

Commonwealth ex rel. Attorney-General v. Pittsburg & Connellsville Railroad

58 Pa. 26 · Supreme Court of Pennsylvania · Jul 1, 1868

The courts will maintain and enforce all her rights against her own corporation without regard to any immunities she may claim to possess beyond her territories and within the jurisdiction of another state. … The design clearly evinced to do an unlawful act may justify the interposition of a court of equity by a process of injunction, but it would be unjust before the act was consummated to visit the corporate body itself with

Commonwealth v. Harmar Coal Co.

452 Pa. 77 · Supreme Court of Pennsylvania · Mar 16, 1973

The pumping at the Indianola Mine is clearly work done on land in connection with the Harmar Mine and, therefore, part of that mine’s operation. … than a court to establish technical standards.

Lessee of Hall v. Vandegrift

3 Binn. 374 · Supreme Court of Pennsylvania · Mar 30, 1811

An estate tail clearly given, yet would be raised to^ an estate in fee simple by the word forever, as implied in the observations of lord Mansfield, Cowper 412. … We brought no church establishment with us from England, to enable us to provide for younger branches; nor was there an equal opportunity of advancement in the army or navy.

Aiken Industries, Inc. v. Estate of Wilson

477 Pa. 34 · Supreme Court of Pennsylvania · Jan 31, 1978

For this purpose, this Court clearly need not give deference to the *47 legal conclusions of the chancellor. See Snow v. Corsica Constr. Co., Inc., 459 Pa. 528 , 329 A.2d 887 (1974); Field v. … Clearly, the gift of money from Wilson to Délo and Zebrovious, honoring a previous employment commitment, does not qualify as being “connected with ownership, management, operation or control” of Compacting.

Zitelli v. Dermatology Education & Research Foundation

534 Pa. 360 · Supreme Court of Pennsylvania · Nov 8, 1993

Clinical practice plans were developed by the University so that competitive salaries could be paid to University physicians, and so that the University could attract the highest qualified physicians. … Zitelli was clearly aware, or certainly should have been aware, that since these contributions exceeded the Guidelines amount, they required University and DEAR approval.

Alberici v. Tinari

374 Pa. Super. 20 · Supreme Court of Pennsylvania · May 6, 1988

Alberici that his trial counsel, Nino Tinari, Esquire, received a grant of immunity to testify as a witness before the Grand Jury in an unrelated criminal investigation. Alberici continued to have Mr. … The court granted defendant’s motion for summary judgment on the basis of collateral estoppel and stated at 38 Pa.D. & C.3d 433: Plaintiff, against whom the doctrine of collateral estoppel is asserted, was clearly a party

Commonwealth v. General Foods Corp.

442 Pa. 273 · Supreme Court of Pennsylvania · Mar 18, 1971

It has been *277 qualified as a foreign corporation to do business in Pennsylvania since 1943. … The Commonwealth, however, contends that this does not follow in the case at bar because taxpayer’s sales procedures as revealed by the record do not establish that its receipts from Pennsylvania customers were negotiated