Case law

Commonwealth v. DeJesus

567 Pa. 415 · Supreme Court of Pennsylvania · Dec 31, 2001

In disposing of this notion, the Court stated that “[tjhis Court has never held that the psychological impact of a guilty secret qualifies as state compulsion or compromises the voluntariness of a subsequent informed waiver … That he fully understood his rights and freely chose to waive them is clearly evidenced by the record. Accordingly, we hold that Appellant’s waiver of Miranda rights was valid.

Commonwealth v. Brown

489 Pa. 285 · Supreme Court of Pennsylvania · Apr 30, 1980

Lesster has been qualified as an expert. Other than by the means of a hypothetical question, Mr. Lesster did not participate in the investigation or apprehension of any of the defendants in this case. … Here, the issue has been clearly drawn and, in view of the other questions that are properly presented for resolution, sound jurisprudence and a consideration for judicial economy would dictate that we reach and resolve the

Com., Dep v. Cromwell Tp., Huntingdon Cty.

613 Pa. 1 · Supreme Court of Pennsylvania · Nov 23, 2011

This enforcement [13] matter clearly was not originally commenced in the Commonwealth Court as required by 42 Pa.C.S. § 723(a). See also Gossman v. … It is a well-established principle of law that this Court will not decide moot questions.

A Special Touch v. UC Tax Services, Aplt.

Supreme Court of Pennsylvania · Apr 22, 2020

just the employer, as part of an independent trade” in overcoming the statutory presumption of employment)).10 Based on the foregoing, and because both prongs of Subsection 4(l)(2)(B) must be met for a worker to qualify … These observations, however, were clearly made in relation to the Court’s analysis of the discrete issue before the Court noted above, namely, whether the business of the drivers was established “independently” from the

Commonwealth v. Barnes & Tucker Co.

455 Pa. 392 · Supreme Court of Pennsylvania · Mar 25, 1974

Since the Commonwealth’s prayer for relief— abatement of a nuisance—is prospective, the 1970 amendments are clearly applicable. … Saxl, 328 U.S. 80, 83 (1946), that: “In no ease does the owner of property acquire immunity against exercise of the police power because he constructed it in full compliance with the existing laws.”

Commonwealth v. Whitson

461 Pa. 101 · Supreme Court of Pennsylvania · Mar 18, 1975

Clearly this does not provide a basis for a finding that the delay was reasonable. … Moreover, the passage just quoted is qualified by the very next sentence. "But the delay must not be of a nature to give opportunity for the extraction of a confession." Id.

Commonwealth v. Montalvo, N., Aplt

Supreme Court of Pennsylvania · Jan 20, 2021

In order to qualify for relief under the PCRA, the petitioner must establish, by a preponderance of the evidence, that his conviction or sentence resulted from one or more of the enumerated errors in 42 Pa.C.S. § 9543(a … Further, a trial court is free to use its own expressions of the law, so long as the concepts at issue are clearly and accurately presented to the jury. Id.

Commwealth, Aplt. v. Montalvo, N.

Supreme Court of Pennsylvania · Jan 20, 2021

In order to qualify for relief under the PCRA, the petitioner must establish, by a preponderance of the evidence, that his conviction or sentence resulted from one or more of the enumerated errors in 42 Pa.C.S. § 9543(a … Further, a trial court is free to use its own expressions of the law, so long as the concepts at issue are clearly and accurately presented to the jury. Id.

Commonwealth v. Harris

572 Pa. 489 · Supreme Court of Pennsylvania · Nov 20, 2002

Accordingly, the trial court’s finding as to discriminatory intent may be overturned only if it was clearly erroneous. … As a general matter, once an expert is qualified to testify, the weight to be given his testimony is a matter for the juiy. Commonwealth v.

Pennsylvania Coal Co. v. Sanderson

113 Pa. 126 · Supreme Court of Pennsylvania · Oct 4, 1886

“It is established,” says Cotton, L. J., in West Cumberland Iron Co. v. Kenyon, 11 L. R., 6 Ch. … A line was thus drawn between the rule recognized in the case adjudged, and the general immunity which the law extends to land owners for acts done in the natural and lawful user of their laud.

Davis v. Berwind Corp.

547 Pa. 260 · Supreme Court of Pennsylvania · Feb 24, 1997

This clearly constitutes a substantial change in the condition in which the product was sold that relieves the manufacturer of liability for Appellant's injury. … We reasoned that the product was intended to be used only by qualified electricians who would be expected to know of the dangers of arcing in such equipment.

Commonwealth v. Slyman

334 Pa. Super. 415 · Supreme Court of Pennsylvania · Sep 21, 1984

He posits that only L-cocaine is proscribed under this section since, as the testimony elicited at trial clearly established, it alone among the eight varieties or isomers of cocaine extant is produced directly through extraction … Clearly, the defense presented by counsel at trial focused almost exclusively upon the chemical identity of the substances seized from appellant.

Fleming v. Adamson

321 Pa. 28 · Supreme Court of Pennsylvania · Dec 3, 1935

When these parties went to trial, the frequently amended pleadings clearly advised that the county, in the joint answer filed by two of the commissioners, insisted on the invalidity of the contracts for' specified reasons … demonstrations of the working of the machines as exhibited at the trial, we know that the learned chancellor witnessed the demonstrations, had the machines before him and participated in the examinations; he is therefore more qualified

Commonwealth v. Rainey

593 Pa. 67 · Supreme Court of Pennsylvania · Jul 18, 2007

Upon review of the record, we concluded that the jury’s conclusion that the murder of Carroll Fleming was committed in the perpetration of a felony was clearly supported by the evidence. … See Matter of One Hundred or More Qualified Electors of Municipality of Clairton, County of Allegheny, Com., 546 Pa. 126 , 683 A.2d 283, 286 (1996) (refusing to consider a letter that was not part of the record before the

Mervine v. Sailor

52 Pa. 45 · Supreme Court of Pennsylvania · Jul 1, 1865

It was to establish a government, for the common defence, to insure domestic tranquillity, establish justice and secure the blessings of liberty. … The mode of borrowing money, furnishing the materials of war and paying debts, clearly belongs to Congress.

Braman Estate

435 Pa. 573 · Supreme Court of Pennsylvania · May 9, 1969

She does not qualify the language by restricting her residuary estate only to that part which she owned at the exact moment of her death, nor does she affirmatively indicate that her estate shall include amounts added thereto … But the majority seeks to undermine this general applicability by establishing an exception to the effectiveness of the residuary clause: that it cannot dispose of after-acquired property.

Garcia v. Community Legal Services Corp.

362 Pa. Super. 484 · Supreme Court of Pennsylvania · Apr 28, 1987

If the legislature intended to restrict the provision in question to “physical” injuries, it should have used the qualifying term. … Applying this standard, we cannot rule that her lack of awareness was clearly caused by mistake, misunderstanding, or lack of knowledge. However, Mrs.

Pennsylvania Medical Society v. Department of Public Welfare

614 Pa. 574 · Supreme Court of Pennsylvania · Feb 29, 2012

In furtherance of its stated goal of retaining qualified health care providers in the Commonwealth, the General Assembly enacted the Abatement Law in 2003. … Finally, we find that Appellees’ interests are substantial as their interest in the outcome of the litigation clearly surpasses the common interest of the general citizenry.

Commonwealth v. Le, Tam M., Aplt.

208 A.3d 960 · Supreme Court of Pennsylvania · May 31, 2019

A juror who automatically will vote for the death penalty is not impartial. 1 It has long been established that a defendant is entitled to inquire into venirepersons' ability to impose a sentence based upon the facts of the … Bomar , 573 Pa. 426 , 826 A.2d 831 (2003), a case that clearly is distinguishable.

Marcellus Shale Coalition v. DEP, Aplts.

Supreme Court of Pennsylvania · Apr 19, 2023

Here, we are not so much concerned with the Agencies’ interpretation of Act 13, or any purported need to defer thereto, but rather with the substantive validity of properly promulgated “legislative” rules. 5 It is well-established … the ERA. 43 Although the Lead Opinion concedes that the “ERA’s conception of ‘public resources’ . . . is broad and undefined,”44 and indeed suggests that it is “perhaps impossible” to “definitively resolve what would qualify