Case law

Commonwealth v. Flor, R., Aplt.

Supreme Court of Pennsylvania · Sep 22, 2021

Evidence tending to establish a criminal defendant’s innocence”). … [J-120-2019] - 25  is clearly erroneous.

Commonwealth v. Knight, M., Aplt.

638 Pa. 407 · Supreme Court of Pennsylvania · Nov 22, 2016

Nor, at least as a general matter, 11 can they serve as a basis to immunize a defendant otherwise statutorily eligible to face a capital prosecution. … There is no argument made, here or below, the summary matters qualify as convictions for purposes of the (e)(1) mitigator. .

Commonwealth ex rel. Bache v. Binns

17 Serg. & Rawle 219 · Supreme Court of Pennsylvania · Mar 28, 1828

employed, he would "as clearly come under this construction of the act. … Clearly, I think, to the paper; since it cannot be doubted, that if the proprietor had immediately after transferred, his establishment, it would have-carried along with it into the possession,of thfe transferee, the privilege

Shanaman v. YELLOW CAB CO. OF PHILA.

491 Pa. 516 · Supreme Court of Pennsylvania · Oct 31, 1980

Thus, it is clearly established that irreparable harm exists. It is also not in issue how the PUC should decide the application for approval of transfer. … What they ignored is that Coward qualified that statement by providing that it should be the lawful status not merely the de facto status. In Commonwealth v.

Brentwood Borough School District Appeal

439 Pa. 256 · Supreme Court of Pennsylvania · Jul 2, 1970

Certainly what she was doing qualified as "direct educational activities", and thus she is a teacher under sections 1141 and 1101 and a professional employee entitled to appeal to the Superintendent of Public Instruction … It is well established, however, that when an appealing professional employee requests a hearing de novo he may not also challenge the regularity of the proceedings conducted by the School Board.

Commonwealth v. Cam Ly

602 Pa. 268 · Supreme Court of Pennsylvania · Oct 1, 2009

Kwa Jai had been the shooter and that he had been killed in New York City. 24 At trial, Wing Tsang was not called to testify when it became apparent that he would assert his Fifth Amendment rights because he was not given immunity … Critical to Appellant’s argument is the lack of direct evidence establishing which of the three men involved in this case shot Jade Wong.

Equitable Loan Society, Inc. v. Bell

339 Pa. 449 · Supreme Court of Pennsylvania · Apr 15, 1940

That such a provision is a violation of our State Constitution follows necessarily from the principle so clearly and vigorously proclaimed in Holgate Brothers Co. v. … for the exercise of the Secretary’s discretion; it becomes necessarily a matter of his personal opinion as to whether the engaging in the business of pawnbroking by an applicant who is admittedly honest and in every way qualified

Parker v. Commonwealth

6 Pa. 507 · Supreme Court of Pennsylvania · Nov 8, 1847

, it might make us further pause and hesitate to arrive at a conclusion, adverse to the validity of the action impeached in this case; but it would not justify us in declining to give expression to the conclusion, if it clearly … The 13th section directs that an election" shall be held, at stated periods, within each school district, at which, the question of establishing common schools shall be decided by the qualified voters of the district.

Commonwealth v. Mouzon

571 Pa. 419 · Supreme Court of Pennsylvania · Dec 19, 2002

Instead, there has been a failure to identify a specific claim qualifying for review in an area where, by necessity, deference must be accorded the sentencing judge's exercise of discretion. … Appellant played an active role in three separate gunpoint robberies of business establishments, conducted with conspirators. In each case, there were multiple victims.

Commonwealth, Aplt. v. Pownall, R.

Supreme Court of Pennsylvania · Jul 20, 2022

The presentment is immune. It is like the ‘hit and run’ motorist. Before application can be made to suppress it, it is the subject of public gossip. The damage is done. … course, bind this Court; and, it is dubious at best, because the panel did not so much as cite to Section 4551(e) let alone explain how its plain terms could be avoided. 9 Even if Rule 565 extended to presentments, the DAO clearly

Commonwealth v. Hicks, C., Aplt.

638 Pa. 444 · Supreme Court of Pennsylvania · Mar 28, 2017

This focus clearly enhanced the Commonwealth’s claims of relevancy of and necessity for the evidence. 5 Significantly, moreover, the logical relevance of other-bad-acts evidence—so employed to demonstrate lack of accident—does … As explained by a leading commentator, per the doctrine of chances: To determine whether the asserted theory qualifies [as a non-character-based theory of logical relevance], the trial judge must trace the entire chain of

White v. Southeastern Pennsylvania Transportation Authority

359 Pa. Super. 123 · Supreme Court of Pennsylvania · Oct 28, 1986

The McClurg court opined that where a traveler puts his elbow or arm out of a car window, voluntarily, without any qualifying circumstanc *136 es impelling him to it, it must be regarded as negligence in se; and when that … This would be clearly inconsistent with the intent of the legislature as expressed in our comparative negligence statute. The judgment of the trial court is affirmed.

Commonwealth Ex Rel. Banks v. Cain

345 Pa. 581 · Supreme Court of Pennsylvania · Sep 28, 1942

That such is extremely well established is demonstrated by a unanimous line of decisions in this and the other states, and also by decisions of the federal courts in protection of the United Stales Constitution. … And to permit such action on the part of the Board would clearly interfere with a lawful judgment of a court.

Glen Alden Coal Co. v. Commissioners

345 Pa. 159 · Supreme Court of Pennsylvania · Apr 21, 1942

The difficulty of reaching a conclusion as to these sub-factors, which would even approach mathematical precision, clearly appears from the following record-supported excerpt from the opinion of the court below: “The first … would be the market value, but if no such evidence is available “the market value may be established by the testimony of persons acquainted with the property, and whose knowledge and experience qualify them to form an intelligent

In the Int. of: K.T. Apl of: CYF

Supreme Court of Pennsylvania · Jun 21, 2023

There is no dispute here that subsection (a) grounds were established. … We will not depart from this well-established standard here.

In the Int. of: K.T. Apl of: K.T.

Supreme Court of Pennsylvania · Jun 21, 2023

There is no dispute here that subsection (a) grounds were established. … We will not depart from this well-established standard here.

Commonwealth v. Morales

549 Pa. 400 · Supreme Court of Pennsylvania · Sep 17, 1997

. § 9711(e)(8), would qualify as evidence under Brady which could mitigate appellant’s sentence of death. … Accordingly, no relief is warranted since appellant has failed to establish that he suffered a miscarriage of justice. 4.

Sernovitz v. Dershaw

633 Pa. 641 · Supreme Court of Pennsylvania · Nov 18, 2015

Despite the distinction, Stilp provides meaningful guidance in that it establishes that belated process challenges to legislative enactments are disfavored. … One court has explained that an ordinance that is clearly a usurpation of power, inconsistent with constitutional ... provisions, or an invasion of property with no relation to the public health, safety, morals, or welfare

In the Interest of L.J.

622 Pa. 126 · Supreme Court of Pennsylvania · Oct 30, 2013

See In re: One Hundred or More Qualified Electors, 546 Pa. 126 , 688 A.2d 283, 287 (1996). … First, litigants and courts have clearly re *1088 lied upon the Chacho footnote, as reflected in the cases such as Charleston , cited above.

Commonwealth v. Flor, R., Aplt.

Supreme Court of Pennsylvania · Sep 22, 2021

Dougherty informed trial counsel that Flor possessed facial features consistent with FAS, but engaged in no further analysis of this possibility because he was not qualified to do so. … Although any particular petitioner may lose on the merits, a stand- alone Atkins claim clearly is cognizable under the PCRA. III.