Case law

Commonwealth v. Marrero

546 Pa. 596 · Supreme Court of Pennsylvania · Dec 26, 1996

Appellant’s confession coupled with the circumstantial evidence surrounding the victim’s death clearly established that appellant killed the victim with malice aforethought. See, Commonwealth v. … Appellant does not challenge the propriety of "death-qualifying” the jury. .

Barasch v. Pennsylvania Public Utility Commission

516 Pa. 142 · Supreme Court of Pennsylvania · Oct 15, 1987

Moreover, it is an established principle of our jurisprudence that, where the enacting clause of a statute is clear and unambiguous, the title will not be permitted to contradict it. Commonwealth v. … The Supreme Court of Wyoming rejected that argument for several reasons, not the least of which was its conclusion that such capital costs did not qualify as “operating expenses,” prudent or otherwise.

Absentee Ballots Case

431 Pa. 165 · Supreme Court of Pennsylvania · Sep 4, 1968

Article VIII, §19, of the Constitution (Amendment of 1957) (now Article VII, §14), states: “The Legislature shall, by general law, provide a manner in which, and the time and place at which, qualified electors who may, on … It is an elementary principle of statutory construction, which this Court has affirmed on numerous occasions, that “An act may not be declared unconstitutional unless it violates the Constitution clearly, palpably, plainly

Maritrans GP Inc. v. Pepper, Hamilton & Scheetz

529 Pa. 241 · Supreme Court of Pennsylvania · Jan 29, 1992

The Superior Court here emasculated these common law principles, in effect turning the ethical or disciplinary rules governing lawyers into a grant of civil immunity for conduct which has been condemned from time immemorial … In short, equitable principles establish that injunctive relief here was just and proper.

Commonwealth v. Batts, Q., Aplt.

163 A.3d 410 · Supreme Court of Pennsylvania · Jun 26, 2017

Sanchez, 614 Pa. 1 , 36 A.3d 24 (2011), to create procedures for determining whether a defendant convicted of first-degree murder is immune from the death penalty pursuant to Atkins v. … Expert testimony is admissible in Pennsylvania if the information is outside of the common knowledge of the factfinder and the testimony of an expert, so qualified based upon his or her.

Commonwealth v. Chase

599 Pa. 80 · Supreme Court of Pennsylvania · Nov 26, 2008

A statute will only be found unconstitutional if it “clearly, palpably and plainly” violates the Constitution. Commonwealth v. MacPherson, 561 Pa. 571 , 752 A.2d 384, 388 (2000). … It is not our role to disturb this democratic function when the current version of § 6308(b) does not clearly, plainly, and palpably violate our Constitution.

Commonwealth v. Lesko

609 Pa. 128 · Supreme Court of Pennsylvania · Feb 24, 2011

Thus, Lesko did not qualify for the one-year tolling provision in the 1995 amendments as the instant filing represented a serial petition. See Fay, supra. … Counsel established that Dr.

Schwarcz v. Schwarcz

378 Pa. Super. 170 · Supreme Court of Pennsylvania · Sep 26, 1988

School records may qualify as business records. See Phillippi v. … Instantly, the record discloses that no testimony by a “custodian or other qualified witness” was presented by the party offering the exhibits.

Darlington v. General Electric

350 Pa. Super. 183 · Supreme Court of Pennsylvania · Jan 31, 1986

Where employment is clearly terminable at will, a party cannot ordinarily be deemed to lack good faith in exercising this contractual right.” Definiteness is required to overcome the at-will presumption. … Termination by General Electric fifteen years into his service does not qualify as “great hardship or loss” to appellant which both parties contemplated at the time the contract was made. See 3 A.

Commonwealth Ex Rel. Johnson v. Myers

402 Pa. 451 · Supreme Court of Pennsylvania · Jan 16, 1961

Such felonious killings are inherently malicious and without more qualify, if the supporting facts are believed beyond a reasonable doubt, as murder as a matter of law. … The indictment clearly set forth that the crime was committed in Dauphin County on or about July 15, 1957, and this is sufficiently definite.

Com. v. Martin

1 A.3d 868 · Supreme Court of Pennsylvania · Aug 17, 2010

Whether Martin was denied effective representation by the Lebanon County Public Defender's Office and Pennsylvania's failure to maintain standards of qualified counsel. 5. … Specifically, the Commonwealth argues that the F.B.I, report referencing Martin's statement to Agent Vick on October 5, 1993 clearly establishes that Martin initiated the communication about his criminal acts.

Ferraro, B. v. Patterson-Erie, Aplt.

Supreme Court of Pennsylvania · Apr 25, 2024

The Court noted that Lamp “qualified” Zarlinsky by adding that a writ can remain effective provided the plaintiff has no intent to stall.22 Farinacci “subtly altered” Lamp’s holding by introducing “a good-faith effort to … This tension, exhibited most clearly in the various opinions in Witherspoon, highlights the difficulty in providing clear expectations surrounding service. Is there any better way to peel this onion?

Kirsch v. Public School Employees' Retirement Board

603 Pa. 439 · Supreme Court of Pennsylvania · Dec 15, 2009

Considering the detail on this point provided by the General Assembly, it is clear the definition concerns not only whether an employee qualifies for leave, but also the amount of compensation and retirement credit to be … Considering the language of the amended definition, clearly the General Assembly meant to benefit the employee, who otherwise would have received no retirement benefits by choosing to work for a union; it also benefits the

Commonwealth v. Chmiel

612 Pa. 333 · Supreme Court of Pennsylvania · Nov 9, 2011

Mueller that the PCRA court had clearly rejected. Our review of the prosecutor’s comments shows no impropriety. … Appellant fails to incorporate this clearly significant fact into his argument.

Schlesinger Appeal

404 Pa. 584 · Supreme Court of Pennsylvania · Jul 18, 1961

On the subject of the objectives, the plans and the workings of the Communist Party in the United States, he was undoubtedly an exceptionally qualified and expert Avitness. … Schmeltz, 362 Pa. 365 , 67 A. 2d 99 , which is relied upon by the majority, is not only so different on its facts as to be clearly distinguishable, but even that case recognized that in certain situations it would be proper

Commonwealth v. Zimmerman

351 Pa. Super. 5 · Supreme Court of Pennsylvania · Feb 20, 1986

Kurey, qualified as an expert witness in psychiatry, gave his opinion that appellant “at the moment I feel of the alleged crime had a diminished capacity.” … The gist of these statements was to characterize the offense as a sex crime: And it is clearly, it should come as no surprise to anyone, the contention of the Commonwealth that there was a sexual motivation, although it is

Murphey v. Greybill

34 Pa. Super. 339 · Supreme Court of Pennsylvania · Oct 7, 1907

It is not of sufficient strength to overcome or qualify the express condition above alluded to, or to enlarge its requirements beyond what its plain terms imply. … Our conclusion upon the whole evidence is that no such fraud is established thereby, or could be inferred therefrom by a jury, as would entitle the defendant to have the lease in question either annulled or reformed.

Thierfelder v. Wolfert

617 Pa. 295 · Supreme Court of Pennsylvania · Sep 28, 2012

Thus, for a patient to establish professional negligence under the circumstances of this case, the patient must establish that a general practitioner had a duty to not have sexual relations with a patient for whom he is providing … In my view, however, and as discussed below, here, the standards of the profession are clearly articulated, and, thus, a determination of the existence of a duty under these circumstances may properly be undertaken by our

Samuel-Bassett v. Kia Motors America, Inc.

613 Pa. 371 · Supreme Court of Pennsylvania · Dec 2, 2011

Regarding damage amounts or scope of individual relief, it has been well established that if a “common source of liability has been clearly identified, varying amounts of damages among the plaintiffs will not preclude class … Bassett responds that typicality was established.

In re Enforcement of Subpoenas to John Doe Corporations A, B, C, D & E

507 Pa. 137 · Supreme Court of Pennsylvania · Mar 12, 1985

The former Pennsylvania Crime Commission, created by the Act of July 31, 1968, P.L. 754, No. 235, § 2, 71 P.S. § 179 (Adm.Code § 469), repealed, 1978, Oct. 4, P.L. 876, No. 169, § 12, was originally established as a “departmental … In this regard it is noteworthy that the General Assembly clearly understood the distinctions between the procedures as is evidenced by the detailed, accepted method drafted for the Commission to pursue a grant of immunity