Case law

Vescio v. Pennsylvania Electric Co.

336 Pa. 502 · Supreme Court of Pennsylvania · Sep 29, 1939

He also said: “The word ‘regular,’ as it is used in the statute, does not qualify the word ‘business’ but the course of the conduct of that business.” He cited the case of Maryland Casualty Co. v. … In the case at bar the employment of the deceased was clearly casual in character, as that phrase has been interpreted by the appellate courts.

Commonwealth v. Bricker

506 Pa. 571 · Supreme Court of Pennsylvania · Feb 13, 1985

The record clearly indicates that the Appellant denied any involvement either as to the conspiracy or as to the actual murder. Contra, Gabler, one of the admitted conspirators, candidly conceded shooting Sacco. … Armed robbery of a gambling establishment. Q. Where was that gambling establishment? A. At Wheeling, West Virginia. Q. And did you go to prison in Wheeling or West Virginia. A.

United States v. Board of Finance and Revenue

369 Pa. 386 · Supreme Court of Pennsylvania · Dec 27, 1951

Among these rights and. powers thus reserved to the states perhaps none had earlier recognition nor none so well established as that of the field of inheritance law. The U. S. … Attorney General for the Commonwealth makes the point that the United States may. not sue the Commonwealth in the state courts without the Commonwealth’s consent. 5 This is true and follows from the doctrine of sovereign immunity

Commonwealth v. Tann

500 Pa. 593 · Supreme Court of Pennsylvania · Apr 27, 1983

This tends to spotlight the accused if he fails *604 to do the same thing and clearly invites an improper prejudicial inference from the jury. … assistance of counsel regarding the failure to object to the testimony of Attorneys Greenberg and Zurat, we do not reach the issue raised by the ineffective assistance claim regarding the failure to produce and present a qualified

Commonwealth v. Matos

543 Pa. 449 · Supreme Court of Pennsylvania · Feb 26, 1996

At trial, the prosecution established that the “rock” that was discarded was crack cocaine. … Clearly, appellants were not under arrest, nor were they subjected to a custodial detention pursuant to Bosurgi . 4 , *469 2.

Wirth v. Aetna U.S. Healthcare

588 Pa. 313 · Supreme Court of Pennsylvania · Aug 22, 2006

Because Section 1560(a) of the HMO Act is clearly worded and free of ambiguity, and Section 1702 of the MVFRL does not “specifically and in exact terms” apply to HMOs, we decline Wirth’s invitation to consider legislative … Security Act) ("health insurance policy" includes policy offered by or governed under HMO Act); 40 P.S. § 3041 (reimbursement for hospital emergency facility services) ("insurer” includes HMO); 40 P.S. § 3502 (Childhood Immunization

Robinson Protective Alarm Co. v. Bolger & Picker

337 Pa. Super. 503 · Supreme Court of Pennsylvania · Jun 14, 1985

With respect to the alleged breach of the terms of the certificates, the contract of redemption on the face of the certificates clearly states that they “may be redeemed on presentation and surrender duly endorsed.” … The Uniform Commercial Code permits a "course of dealing” to "give particular meaning to and supplement or qualify terms of an agreement.” 13 Pa.C.S. § 1205(d) (Purdon’s 1984 Pamphlet).

Commonwealth v. Baldwin

348 Pa. Super. 368 · Supreme Court of Pennsylvania · Dec 6, 1985

Clearly it was reasonable for trial counsel to elicit testimony from the stepbrother, whose bedroom adjoined that of the victim, that he knew of no unusual sexual activity in the home. … The defendant bears the burden of establishing his claim of ineffectiveness. Commonwealth v. Howard, 324 Pa.Super. 443 , 471 A.2d 1239 (1984).

Commonwealth v. Fisher

582 Pa. 276 · Supreme Court of Pennsylvania · Mar 30, 2005

He qualified his finding by saying that these bullets could have also come from another box of ammunition, but that box, most likely would have had to be manufactured by Remington Peters and packaged on or about the same … Clearly, Appellant is unable to establish that such evidence would likely compel a different verdict.

Pennsylvania State Ass'n of Jury Commissioners v. Commonwealth

621 Pa. 360 · Supreme Court of Pennsylvania · Oct 18, 2013

Article IV of The County Code, which relates to “County Officers,” provides in Section 401 that “[i]n each county, there shall be the following officers elected by the qualified electors of the county ... (12) Two jury commissioners … Both cases are clearly distinguishable from the matter at hand and require no further discussion. . We find it unnecessary to address Appel-lees’ alternate argument on this issue. See p. 19 n. 15, supra.

Shontz v. Brown

27 Pa. 123 · Supreme Court of Pennsylvania · Jul 1, 1856

Clearly not. When a condition is performed it is thenceforth merged and gone. … The court spoke of it to the jury in terms so qualified and involved that we scarcely know what they meant to rule, but upon the record as presented to us, we are very clear they ought to have put the old bond out of the

Commonwealth v. Hallowell

497 Pa. 203 · Supreme Court of Pennsylvania · Jul 8, 1981

I therefore find no basis for barring retrial and immunizing this appellant from a fair trial on the charges for which he stands accused. See Commonwealth v. Hoskins, 494 Pa. 600 , 432 A.2d 149 (1980), (Nix, J. … My client’s chief business is not to achieve victory but to establish justice.

Commonwealth v. Hill, B., Aplt.

Supreme Court of Pennsylvania · Sep 30, 2020

act of DUI, and if so, whether the claim has merit.1 We conclude that Appellant’s double jeopardy claim, solely as it relates to his second sentence for DUI, implicates the legality of his sentence, rendering the claim immune … In particular, he maintains that the mere fact of a conviction alone qualifies as punishment for constitutional purposes under Ball v.

Kuntz's Estate

230 Pa. 557 · Supreme Court of Pennsylvania · Mar 20, 1911

Appellant clearly acted within his legal rights in asking these paragraphs to be éxpunged from the record, and we think it was error to refuse this request. … The questions of mental capacity and undue influence having been determined in favor of the proponents of the will its validity was established and certainly all parties are interested in an early accounting.

Commonwealth v. Safka

636 Pa. 169 · Supreme Court of Pennsylvania · Jul 19, 2016

argument as an oral motion in limine challenging the admissibility of the EDR data, the trial court stated that it would consider the matter and rule on it when the Commonwealth introduced the EDR evidence. 4 Trooper Kern was qualified … We further question Appellant’s assertion that the alternative to reopening the record was a not guilty verdict, as the trial court clearly stated that it "does not agree that the additional evidence was the difference between

Commonwealth v. Muniz, J., Aplt.

164 A.3d 1189 · Supreme Court of Pennsylvania · Jul 19, 2017

The Williams II Court then examined the Mendoza-Martinez factors to determine whether the sanctions are “so punitive as to transform what was clearly intended as a civil remedy into a criminal penalty.” … The Commonwealth further argues although reputation is a constitutionally protected right in Pennsylvania, it may be constrained, just like other rights, upon a qualifying criminal conviction and policy factors weigh in favor

Commonwealth v. Allen

340 Pa. Super. 189 · Supreme Court of Pennsylvania · Mar 8, 1985

In addition, the sentencing judge, aware of the constitutional dimension, granted appellant immunity from the Commonwealth’s use of appellant’s answers in the event of retrial. … Moreover, the statements made by appellant did not disclose facts which would in themselves establish guilt or constitute an essential link in the chain of evidence by which guilt can be established. See Commonwealth v.

Commonwealth ex rel. Fletcher v. Cavell

395 Pa. 134 · Supreme Court of Pennsylvania · Mar 20, 1959

The test should be whether or not the juror is really qualified, not when it is learned that he is disqualified. … Justice Black said that on a habeas corpus a judgment cannot be set aside, “however clearly we may perceive it to be erroneous.”

Commonwealth v. White

543 Pa. 45 · Supreme Court of Pennsylvania · Dec 29, 1995

White clearly raises a claim under the Pennsylvania Constitution, cites cases in support of his claim, and relates the cases to the claim. That is sufficient. … In this case, the mere fact that police did not know which car would be used to conduct the drug transaction is not sufficient to qualify as an unforeseen circumstance.

Princeton Sportswear Corp. v. H & M Associates

510 Pa. 189 · Supreme Court of Pennsylvania · Mar 27, 1986

This maxim clearly was not followed in the instant case. … If the agreement was for an unconditional supply of these services, the lessor is clearly in breach.