Case law

Commonwealth v. Scoleri

399 Pa. 110 · Supreme Court of Pennsylvania · Apr 4, 1960

Further: “A defendant is not required to establish an alibi beyond a reasonable doubt. … Justice McBride clearly and distinctly set forth in Bonomo , the Court established “the rule which shall be followed hereafter in this jurisdiction” : 15 Bonomo furnishes the guide for *130 future judicial instructions on

Commonwealth v. Davis, J., Aplt.

Supreme Court of Pennsylvania · Nov 20, 2019

Super. 2017).3 Like the trial court, the Superior Court found that, to qualify for the Fifth Amendment privilege, a communication must be testimonial. … In response, Hubbell asserted his right against self-incrimination and a violation of the immunity previously granted.

CONSUMERS ED. & PROT. ASS'N v. Schwartz

495 Pa. 10 · Supreme Court of Pennsylvania · Jul 8, 1981

[or that the] Charter Commission. . . clearly rejected specific limitations on the Council's compensation powers." … (Commonwealth Court Slip Op. pp. 23-24). [12] Section 11 of the Home Rule Act provides in pertinent part: Any new charter or amendments to the charter of a city thus proposed, which are approved by a majority of the qualified

Rice, R. v. Diocese of Altoona-Johnstown

Supreme Court of Pennsylvania · Jul 21, 2021

Some assert constitutional impediments to this Court’s ability to modify the statute of limitations and to consider religious matters in establishing whether the “parishioner-plus” relationship has been established. … The Superior Court’s determination that Nicolaou overruled/modified decades of settled law on the accrual of causes of action and the running of the period of the statute of limitations was clearly erroneous.

Commonwealth v. Delligatti

371 Pa. Super. 315 · Supreme Court of Pennsylvania · Feb 11, 1988

We note that the determination of whether or not police conduct amounts to entrapment is a jury question, unless the evidence clearly establishes entrapment as a matter of law. … Carter, 427 Pa. 53 , 233 A.2d 284 (1967) our Supreme Court recognized a qualified privilege with respect to the disclosure of confidential informants.

Salsberg, C., Aplt. v. Mann, D.

Supreme Court of Pennsylvania · Feb 21, 2024

Such individuals should not stand immune from their independently improper acts committed entirely for personal ends. There are two reasons, however, why judicial vigilance is called for here. … Specifically, we hold that Salsberg has failed to establish that there exists a genuine issue of material fact that Mann acted outside the scope of her employment such that Mann qualifies as a third party to the employment

In Re Adoption of S.E.G.

587 Pa. 568 · Supreme Court of Pennsylvania · Jul 18, 2006

Even in cases where the parents clearly would not be able to regain custody, agencies and courts were unable to sever the parental rights in an expedited process and allow the pursuit of permanent, stable homes for children … As in M.G., Mother urges this Court to sustain a clear division between the Juvenile Court and the Orphans’ Court, which she contends had been established through Superior Court cases. 10 In In re M.B., K.B., J.B., L.B.,

Brown, A., Aplt. v. Wetzel, J.

177 A.3d 200 · Supreme Court of Pennsylvania · Jan 18, 2018

Brown points to a number of circumstances in which this Court has clarified or qualified the permissible extent of the writ. … Cmwlth. 2006) (Brown "is a well-qualified abusive litigator within the meaning of the PLRA”); Brown v. James, 822 A.2d 128, 130-31 (Pa.

Neal by Neal v. Lu

365 Pa. Super. 464 · Supreme Court of Pennsylvania · Aug 13, 1987

Lu offered his own “opinion” that the “traumatic amputation” of Rebecca’s finger in 1969 was “clearly” a “possible” cause of the condition about which appellants now complain. … Lu in this case, certainly affords an effective means of rebutting contrary expert opinion evidence, even if the expert rebuttal would not qualify as proof.

Commonwealth v. Howard

358 Pa. Super. 259 · Supreme Court of Pennsylvania · Nov 5, 1986

In support of his motion, appellant had argued that a “death-qualified jury” can be reasonably predicted to be conviction prone. Therefore, there should be two juries for the two distinct phases of the trial. … Therefore, an impartial jury was, in fact impaneled and appellant has failed to establish any actual prejudice.

Smith v. Shaffer

511 Pa. 421 · Supreme Court of Pennsylvania · Sep 25, 1986

Furthermore, it was the jury's duty to consider all of the facts and circumstances established by the trial evidence.. . ." … [The expert witness's] testimony clearly indicates that it is highly likely that the [appellant] is the male parent."

Coleman v. Coleman

19 Pa. 100 · Supreme Court of Pennsylvania · Sep 9, 1852

But after the fullest investigation by men qualified for the duty, such partition was found impossible; and this discovery led to the agreement of 30th August, 1787, which is the document now to be construed. … That this is the true construction of the agreement may be very clearly inferred from the conduct of the parties and those claiming under them.

Matt Lamb & Sons, Inc. v. Christian Schmidt Brewing Co.

336 Pa. Super. 341 · Supreme Court of Pennsylvania · Dec 14, 1984

three issues on appeal. (1) Whether the court of common pleas has jurisdiction under the section of the Liquor Code, supra, to enjoin termination of an agreement between a manufacturer and a distributor; (2) whether Lamb clearly … established that its status was not terminated for good cause; (3) whether Lamb established that an award of damages would be inadequate to compensate Lamb sufficient to show that an injunction should issue.

Commonwealth, Unemployment Compensation Board of Review v. Ceja

493 Pa. 588 · Supreme Court of Pennsylvania · Mar 13, 1981

Nothing in the record indicates that he had any first-hand knowledge of the incidents described in the documents, nor was there any attempt to establish him either as the custodian of the documents or in any way qualified … Whether or not the adverse party asserts such a challenge, some foundation for the reliability of hearsay must be established, unless apparent on its face.

Commonwealth v. Doughty, J., Aplt.

633 Pa. 539 · Supreme Court of Pennsylvania · Nov 18, 2015

On July 14, 2012, appellant called his father, who called appellant’s wife on a separate phone and relayed appellant’s statements to her, establishing a three-way call on the two phones. … Clearly, intimidation may be accomplished with no words at all, for a mere look or posture can bully, threaten, coerce, frighten, or intimidate beyond question. See, e.g., Clint Eastwood.

Bricklayers of Western Pennsylvania Combined Funds, Inc. v. Scott's Development Co.

625 Pa. 26 · Supreme Court of Pennsylvania · Apr 17, 2014

Therefore, according to the majority, the complaints’ allegations, if accepted as true, established that the Unions were subcontractors for purposes of the 1963 Act. … In light of the above, we believe that it would be improper to endorse such a change absent legislation that more clearly evinces that intent.

Commonwealth Ex Rel. Hartage v. Hendrick

439 Pa. 584 · Supreme Court of Pennsylvania · Jul 31, 1970

and so recently modernized to favor a person accused of crime, and (2) to establish some provision or condition other than money bail, or any bail whatsoever, for his pretrial release. … Past experience clearly indicates that he does not stand that chance.

Commonwealth v. Riggins

374 Pa. Super. 243 · Supreme Court of Pennsylvania · May 24, 1988

In answer to her mother’s question as to what caused her injuries, the victim clearly and repeatedly named the appellant and two of appellant’s regular companions. … intend the natural and probable consequences of his act, so that if one uses a deadly weapon, such as a knife, upon the body of another at some vital spot such as the neck or the chest—the thorax area—in the absence of qualifying

Northwestern Youth Services, Inc. v. Commonwealth

620 Pa. 140 · Supreme Court of Pennsylvania · Apr 24, 2013

Clearly, based on the federal audit, there were significant deficiencies in the documentation procedures, and the county agencies failed to “maintain sufficient and appropriate records and data to justify payment for expenses … maximum level of reimbursement is dependent upon allowable costs by regulation. 55 Pa.Code § 3170.11(b) (stating "[t]he extent of Departmental participation is dependent upon the level of funding for which a given service qualifies

Commonwealth v. Johnson

336 Pa. Super. 1 · Supreme Court of Pennsylvania · Oct 26, 1984

It is appellant’s contention that Calabrese was qualified as an expert artist, not as an expert in detecting one’s mental condition. … In the absence of an instruction that they did not have to wholly believe Pounds to acquit, the jury may have inferred guilt from his failure to clearly establish his alibi. Id., 490 Pa. at 634 , 417 A.2d at 603.