Case law

Commonwealth v. Hicks, C., Aplt.

Supreme Court of Pennsylvania · Mar 28, 2017

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 … Rather, the proponent offers the evidence to establish the objective improbability of so many accidents befalling the 7 Although the doctrine of chances can be used to prove mens rea, it also may apply to establish

Greenwood Gaming & Entertainment, Inc. v. Commonwealth

625 Pa. 55 · Supreme Court of Pennsylvania · Apr 28, 2014

Greenwood contends that there is a “direct, discernible nexus between the qualifying slot machine play and the award.” Greenwood Brief at 8. … Arguing that the regulation is not clearly erroneous, the Commonwealth asserts that we cannot declare it invalid.

Pignetti, G & J, h/w, Aplts. v. PennDOT

Supreme Court of Pennsylvania · Apr 25, 2025

Commonwealth,22 specifically with regard to “non-contiguous tracts.”23 Thus, the court reasoned, the General Assembly clearly intended that Morris should inform the application of now- Section 705 to noncontiguous parcels … They argue that the Joint State Government Commission’s reference to Morris stands only for the proposition that Section 1-605 codified the common-law concept of plottage for qualifying noncontiguous parcels.

Commonwealth v. Feagley

371 Pa. Super. 593 · Supreme Court of Pennsylvania · Feb 29, 1988

Where a statute clearly defines its terms, that fact that other legal enactments may provide alternate definitions of the same term is irrelevant. … He further qualifies this by stating that he was not but should have been informed of the imposition of the mandatory twelve-month suspension before entry of the Order so that he could have made a determination whether to

Commonwealth v. Bryant

579 Pa. 119 · Supreme Court of Pennsylvania · Aug 18, 2004

Since Greer’s testimony did not establish an alibi, counsel was not ineffective. … We next address the two ineffectiveness claims that most clearly challenge appellant’s performance during self-representation, in violation of Faretta/Szuehon.

Schwartz Estate

449 Pa. 112 · Supreme Court of Pennsylvania · Oct 4, 1972

However, under the provisions of the Act, this is clearly not the case. … In his capacity as custodian of the fund which he created for his son the decedent clearly had some power over its distribution.

Bargerstock v. Washington Greene Community Action Corp.

397 Pa. Super. 403 · Supreme Court of Pennsylvania · Sep 7, 1990

An action under § 1983 exists when a person, acting under color of state law, deprives a person of rights, privileges or immunities secured by the Constitution or laws of the United States. Parratt v. … The United States Supreme Court has held that to establish a claim under § 1983, a person must allege more than simple defamation *413 by a state officer. Paul v.

Commonwealth v. Rega

620 Pa. 640 · Supreme Court of Pennsylvania · Jun 17, 2013

Accordingly, Appellant has failed to establish a basis for relief from his judgment of sentence. … Specifically, the trooper attested as follows: [Tape recorded conversations] show quite clearly that Joan REGA has received juror list information containing names of prospective jurors.

Commonwealth v. Simmons

541 Pa. 211 · Supreme Court of Pennsylvania · Jul 19, 1995

Clearly, such a remedy lies within the court’s discretion under Rule 305(E). See Commonwealth v. … This evidence clearly proved 42 Pa.C.S. § 9711(d)(9). Furthermore, in accordance with Commonwealth v.

Commonwealth v. Dinwiddie

529 Pa. 66 · Supreme Court of Pennsylvania · Jan 8, 1992

justice by engaging in jury duty are also jeopardized. [11] As the Powers Court explained: We hold that the Equal Protection Clause prohibits a prosecutor from using the state's peremptory challenges to exclude otherwise qualified … New York, ___ U.S. ___, 111 S.Ct. 1859 , 114 L.Ed.2d 395 (1991), a majority of the Supreme Court held that a trial court's finding on the issue of discriminatory intent must be affirmed unless it is clearly erroneous.

Commonwealth v. Pursell

555 Pa. 233 · Supreme Court of Pennsylvania · Jan 19, 1999

Nor does Appellant clearly explain how these individuals would have established a viable alternate-perpetrator defense theory, particularly considering the physical evidence linking him to the crime scene. … Rozwadowski, established that the anus of the victim could be easily opened up.

Rosen v. Rosen

520 Pa. 19 · Supreme Court of Pennsylvania · Oct 20, 1988

Moreover, the entire record that is now before us establishes that the claim raised in Rosen I was ancillary to the matters that remained in the trial court for resolution. … Clearly, Rule 1701(c) would encompass an appeal from an order awarding alimony pendente lite or counsel fees and would prevent any unnecessary delay. 509 Pa. at 100-101 , 501 A.2d at 217 .

Commonwealth v. Pennsylvania State Troopers Ass'n

611 Pa. 56 · Supreme Court of Pennsylvania · Apr 28, 2011

Clearly, the proviso language of Section 5302(b)(2) was not intended to penalize employees for serving with unions by depriving them of the benefits of their state service while so serving. … We believe that more must be shown to establish that the arbitration award has violated Section 5302(b).

Commonwealth v. Thomas, D., Aplt.

Supreme Court of Pennsylvania · Sep 26, 2024

Thus, there was no legal support for [Trial Counsel] to object to evidence of prior bad acts with which [Thomas] clearly was not associated.” Id. at 68-69. … That being the case, Article I, Section 10 immunizes Appellant from being put in jeopardy a second time for the crimes with which he was charged in connection with the killing of Walter

In the Interest of: Y.W.-B. Apl of: J.B.

Supreme Court of Pennsylvania · Dec 23, 2021

The social workers argued that they were entitled to sovereign immunity because the law had not been developed to make clear that because this was a child abuse case, their actions would not be governed “by the well-established … While there is some overlap, it is minimal and clearly not implicated in this case.

In the Interest of: N.W.-B. Apl of: J.B.

Supreme Court of Pennsylvania · Dec 23, 2021

The social workers argued that they were entitled to sovereign immunity because the law had not been developed to make clear that because this was a child abuse case, their actions would not be governed “by the well-established … While there is some overlap, it is minimal and clearly not implicated in this case.

Oberholzer, F., et ux v. Galapo, S. Aplts.

Supreme Court of Pennsylvania · Aug 20, 2024

The majority gleaned additional insight into what qualifies as a prior restraint from our decision in Willing. … Initially, we must decide whether the conduct at issue qualifies as speech, expressive conduct, or a mix of the two.

O'Donnell v. Allegheny Co. Tax Apl of: Fox Chapel

Supreme Court of Pennsylvania · Dec 27, 2021

There is nothing in the plain language of Section 303 suggesting that an employment nexus is a prerequisite for a payment to qualify as compensation. … It merely offers a non-exclusive list of common examples of remuneration that the Department believes qualify as compensation.

Powell v. Housing Authority of Pittsburgh

571 Pa. 552 · Supreme Court of Pennsylvania · Dec 20, 2002

HUD implemented the merger in October 1999, establishing the Housing Choice Voucher Program. 64 Fed.Reg. 56894. … If the regulation is simply filling a gap, the regulation shall be upheld unless it is clearly outside the scope of what Congress would have intended.

United Cerebral Palsy v. Workmen's Compensation Appeal Board

543 Pa. 544 · Supreme Court of Pennsylvania · Mar 28, 1996

for forty (40) to forty-eight (48) hours per week at a wage rate of $5 to $6 per hour. 5 Appellant, however, also failed to pursue this position because she believed that it was too far from her home and that she was not qualified … In affirming the referee’s decision to suspend benefits, the Board recognized that his decision must be reviewed under the procedures established by this Court in Kachinski v.