Case law

Commonwealth v. Goins

508 Pa. 270 · Supreme Court of Pennsylvania · Jul 11, 1985

The jury clearly disbelieved the Appellant's version of the events and, as was its province, credited the testimony of the Commonwealth's witnesses. … That subsection places no limit on the number or kind of felonies which qualify and thus can be satisfied by a single concurrent felony.

Crammer v. Commonwealth

449 Pa. 528 · Supreme Court of Pennsylvania · Nov 17, 1972

Ill The federal legislative history of the Medicaid Act clearly supports the conclusion that appellant is en *538 titled to receive “categorically needy” benefits. … Thus, an individual with an income just under tbe specified limit may qualify for all of tbe aid provided under tbe State plan.

Commonwealth v. May

584 Pa. 640 · Supreme Court of Pennsylvania · Nov 23, 2005

The evidence adduced at trial established the following facts. … Testimony by the victim’s daughters as to appellant’s apology clearly would have constituted hearsay.

Commonwealth v. Chapman, L., Aplt.

635 Pa. 273 · Supreme Court of Pennsylvania · Mar 29, 2016

Despite this instruction, the defense then moved for a mistrial on the basis that the refusal was “clearly an assertion of the right to silence.” Id. at 124. … fact-driven inquiry to be undertaken.7 The New Jersey crimes of which Appellant was convicted -- per which the sentencing court was authorized to impose, at most, eighteen-month maximum terms -- plainly do not qualify

Emerich v. Philadelphia Center for Human Development, Inc.

554 Pa. 209 · Supreme Court of Pennsylvania · Nov 25, 1998

Therefore, the privilege clearly does not prohibit a duty to warn. … Further, Joseph had a definite, established, long term and ongoing relationship with the Center, and with Mr. Scuderi in particular.

Commonwealth v. Moran, Aplt

629 Pa. 68 · Supreme Court of Pennsylvania · Nov 20, 2014

Specifically, § 302(c) provides: "When the culpability sufficient to establish a material element of an offense is not prescribed by law, such element is established if a person acts intentionally, knowingly or recklessly … Section 4701(b) provides, "It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way whether because he had not yet assumed office, had

Commonwealth v. Mascitti

368 Pa. Super. 454 · Supreme Court of Pennsylvania · Dec 2, 1987

Appellant's assertion that the trial court bound appellant to his plea negotiation version of the facts is clearly not supported by the record. … As LaFave and Israel have noted, even in those jurisdictions that require that a factual basis be established, "the factual basis must be established other than by direct inquiry of the defendant." 2 W. LaFave & J.

In re Anonymous Nos. 24 D.B. 85, 86 D.B. 85 & 60 D.B. 86

2 Pa. D. & C.4th 568 · Supreme Court of Pennsylvania · Mar 31, 1989

The petitioner asserts that it would have been impossible to go several thousand dollars *571 out of trust by mistake, and that is enough to establish that there was intentional conduct sufficient to establish a violation … However, the [Es] could not qualify for a mortgage. Thereafter, in October 1983, Mr.

Wm. Penn Parking Garage, Inc. v. City of Pittsburgh

464 Pa. 168 · Supreme Court of Pennsylvania · Oct 3, 1975

In addition, he must show a sufficiently close causal connection between the challenged action and the asserted injury to qualify the interest as “immediate” rather than “remote.” … could not qualify on either basis.

Commonwealth v. Hairston

624 Pa. 143 · Supreme Court of Pennsylvania · Jan 21, 2014

found merely because an appellate court might have reached a different conclusion, but requires a result of manifest unreasonableness, or partiality, prejudice, *665 bias, or ill-will, or such lack of support so as to be clearly … Bardo, 551 Pa. 140 , 709 A.2d 871 (1998), for the proposition that evidence having a tendency to prove that a capital defendant enriched another’s life does not qualify as catch-all mitigation.

Commonwealth v. Walker

625 Pa. 450 · Supreme Court of Pennsylvania · May 28, 2014

The hazards of such testimony are established by a formidable number of instances in the records of English and American trials. … A Kloiber instruction warns jurors that they should receive evidence of eyewitness identification with caution where: “the witness is not in a position to clearly observe the assailant, or he is not positive as to identity

Telly v. Pennridge School District Board of School Directors

617 Pa. 473 · Supreme Court of Pennsylvania · Aug 20, 2012

In terms of qualifications, she explained that there are age and residency restrictions and that, while not required by statute, many collectors, such as herself, pursue qualified tax collector status by completing certain … Board’s exercise of its discretionary power, there is no doubt but that, when it clearly appears that the directors were guilty not merely of an error .or judgment but of a misapplication of law, or a clear abuse of discretion

Commonwealth v. Harper

346 Pa. Super. 105 · Supreme Court of Pennsylvania · Sep 18, 1985

First, the Pennsylvania Supreme Court has held that the warrant requirement established in Williams, supra, was not to be accorded retroactive effect. Commonwealth v. … Appellant’s 1975 arrest does not qualify.

Thomas A. McElwee & Son, Inc. v. Southeastern Pennsylvania Transportation Authority

596 Pa. 654 · Supreme Court of Pennsylvania · Jun 2, 2008

The appellate role in reviewing trial court determinations concerning the sufficiency of the evidence to make out a prima facie case necessarily entails evaluating whether pertinent facts are, or are not, clearly established … See generally In re McCrady, 399 Pa. 586, 595 , 160 A.2d 715, 719 (1960) (“When this seemingly absolute protection [of property] is found to be qualified by the police power, the natural tendency of human nature is to extend

Ferguson, H., Aplt. v. Dept. of Transportation

Supreme Court of Pennsylvania · Jul 22, 2025

Super. 1987) (finding a parent’s ARD resolution as to a charge involving sexual misconduct relevant in a custody dispute to determine the child’s best interests, at least where a prima facie case was established at a preliminary … The statute, like all duly enacted legislation, enjoys a strong presumption of validity, and it will only be invalidated if it violates the Constitution clearly, palpably, and plainly. See Lohr v.

City of McKeesport v. Workers' Compensation Appeal Board (Miletti)

560 Pa. 413 · Supreme Court of Pennsylvania · Jan 19, 2000

301(c)(2) of the Act. [4] The relevant section of the Act provides that: The terms "injury," "personal injury," and "injury arising in the course of his employment," as used in this act, shall include, unless the context clearly … Thus, section 315 is no impediment to the death claim, and the City of McKeesport has not suggested that the Act otherwise bars the underlying claim for disability. [1] Section 108, under which Decedent's disease qualifies

Commonwealth v. Percell

499 Pa. 589 · Supreme Court of Pennsylvania · Dec 31, 1982

Clearly, the prosecutor's question could only have been an improper reference to appellant's prior criminal conviction and to the concomitant statutory sanction of withdrawal of the privilege to register and carry a weapon … At that juncture his prior conviction established at least his prior knowledge that carrying a gun is illegal.

Kennedy v. Carpenter

2 Whart. 344 · Supreme Court of Pennsylvania · Feb 18, 1837

The fact, however, is clearly not so; nor can it be made out by any reasonable intendment; for they have both endorsed the note. … And certainly it may be regulated, restrained, or qualified by contract in any case. Swain v. Wall, (1 Chan. Rep. 149.)

Commonwealth v. Alexander

495 Pa. 26 · Supreme Court of Pennsylvania · Jul 8, 1981

The court may also deny a hearing on a specific question of fact when a full and fair evidentiary hearing upon that question was held. . . . ” Clearly then, the PCHA contemplates that a second (or greater number of) petition … Therefore, only claims of ineffectiveness which relate to issues which are cognizable in the PCHA proceeding would qualify for “extraordinary circumstances.” (3) Abuse of remedy.

Chester County Institution District v. Commonwealth

341 Pa. 49 · Supreme Court of Pennsylvania · Dec 6, 1940

In dealing with this point it is well to have clearly in mind what was enacted. … Whether an existing institution is suitably equipped for the care of such patients requires the exercise of scientific judgment of persons qualified on the subject.