Case law

Butcher v. Bloom

420 Pa. 305 · Supreme Court of Pennsylvania · Feb 4, 1966

I am convinced (a) that these four standards are entirely insufficient -guideposts for a fair, just and clearly defined Constitutional plan of districting, and (b) that as nearly equal in-population as is practicable should … a-year’s ti-niethe Legislature failed to carry out -this Court’s reapportionmenf mandate, although, if its members hád been able to put aside partisan politics and personal ámbitions, they would have been es *363 pecially qualified

Commonwealth, Aplt v. Bardo, M.

Supreme Court of Pennsylvania · Dec 16, 2014

established precedent”). … We therefore find the predicate prejudice has been established.

Callery's Appeal

272 Pa. 255 · Supreme Court of Pennsylvania · Jan 3, 1922

Subject to the restriction of the Constitution, that power may be exercised by such agencies as the legislature has *283 established for that purpose”: Erie v. Need, 113 Pa. 468, 476 . … This is the universal rule of constitutional law, and in no state has it been more clearly expressed and more universally applied than in Pennsylvania.....

Commonwealth v. Potter

478 Pa. 251 · Supreme Court of Pennsylvania · Mar 23, 1978

. *258 But the Ball principle is nevertheless well established. … [which] clearly bear[s] upon his credibility . . . ” 456 Pa. at 564 , 322 A.2d at 130 .

Commonwealth v. Simpson

620 Pa. 60 · Supreme Court of Pennsylvania · Mar 26, 2013

Our trial courts are invested with broad discretion in crafting jury instructions, and such instructions will be upheld so long as they clearly and accurately present the law to the jury for its consideration. … 15.2502E for two reasons: first, a fear that the use of the word “terrible” would prejudice the jury, and, second, the belief that no definition of the terms “aggravating and mitigating circumstances” is necessary, since qualifying

Davidson v. Davidson

298 Pa. 42 · Supreme Court of Pennsylvania · May 21, 1929

Clearly the legislature, in enacting the statute referred to, had no such thought in mind; rather, the thought of finalty ruled, as is made evident by the provision that the appeal shall be “in the same manner as is allowed … This interpretation of the Act of 1895 was expressed and established most decisively by this court in Rich v.

Knepp v. Nationwide Insurance

324 Pa. Super. 479 · Supreme Court of Pennsylvania · Feb 3, 1984

We follow Myers in holding that a congenital condition cannot qualify as an event covered by a policy with coverage drawn in the manner set forth above. … All the evidence, the court en banc observed, was clearly to the effect that the parents had known of their son's disorder and had failed to disclose it to the insurer.

Housing Auth. City of Pgh., Aplt. v. Nash, D.

Supreme Court of Pennsylvania · Sep 25, 2025

The trial court found that the fatal shooting clearly constituted “criminal activity” that involved discharging “a potentially deadly weapon” and disturbed the peaceful enjoyment of other tenants. Id. at 6-7. … Although there may be a reasonable inference that Shooter was originally on the Premises to visit the mother of his child in the Unit next door to Nash’s Unit—as he purportedly did most days—the temporal qualifier that

Commonwealth v. Bardo, M., Aplt

Supreme Court of Pennsylvania · Dec 16, 2014

established precedent”). … We therefore find the predicate prejudice has been established.

Commonwealth v. Tervalon

463 Pa. 581 · Supreme Court of Pennsylvania · Oct 3, 1975

These extrajudicial statements, which differ from confessions in that they do not acknowledge all essential elements of a crime, are generally considered to qualify for introduction into evidence under the admission exception … When it is established that an accused has given a statement while in custody during an unnecessary delay between arrest and arraignment, it is the Commonwealth's responsibility to prove that the statement was a product of

Commonwealth v. Banks

513 Pa. 318 · Supreme Court of Pennsylvania · Feb 13, 1987

Telephone communications were established by police officers with appellant. … Appellant clearly demonstrated his ability to participate and assist in his defense and his understanding of the nature and object of the proceedings.

Commonwealth, Aplt v. Hackett, R.

Supreme Court of Pennsylvania · Aug 18, 2014

Properly-qualified experts are free to offer their current opinions to a PCRA court, and they certainly can respond to cross-examination based upon the fact that what they believe is contradicted by all objective accounts … On appellate review, this Court employs a deferential standard considering whether the factual findings are supported by substantial evidence and whether the legal conclusion drawn therefrom is clearly erroneous.

Barth v. Philadelphia School District

393 Pa. 557 · Supreme Court of Pennsylvania · Jul 25, 1958

The fire is blazing, the waters are rising, and the pestilence is upon us, but nothing must be done by those most qualified to do something, because, the Majority says, the law does not permit them to act. … Court then went on to say that: “The school board undoubtedly is vested with authority to establish the school here proposed.

Commonwealth v. Redline

391 Pa. 486 · Supreme Court of Pennsylvania · Jan 10, 1958

. *515 The felony murder doctrine was clearly and well established in Pennsylvania by legal principles which are several hundred years old and in particular by 5 decisions of the Supreme Court of Pennsylvania handed down … It was thus clearly expressed by the writer of the present majority opinion in his dissenting opinion in Commonwealth v.

Commonwealth v. Smith

548 Pa. 65 · Supreme Court of Pennsylvania · May 20, 1997

Richard Cohn, who was qualified as an expert in the areas of forensic toxicology and pharmacology. Dr. … The trial court has broad discretion in phrasing its instructions, and may choose its wording so long as the law is clearly, adequately, and accurately presented to the jury for its consideration. Commonwealth v.

Commonwealth v. Samuels

566 Pa. 109 · Supreme Court of Pennsylvania · Aug 28, 2001

The Legislature clearly did not intend the phrase “negligently” to encompass the tort liability concept of negligence. … Section 302(c) provides: (c) Culpability required unless otherwise provided. — When the culpability sufficient to establish a material element of an offense is not prescribed by law, such element is established if a person

Commonwealth v. Yale, E., Aplt.

Supreme Court of Pennsylvania · Apr 29, 2021

But before such testimony can be received, there must be such proof of connection with it, such a train of facts or circumstances, as tends clearly to point out such other person … The record established that Thompson was the only person named in the U.S.

In Re Adoption of N.M.B.

564 Pa. 117 · Supreme Court of Pennsylvania · Sep 18, 2000

There is no dispute that in this case Pennsylvania qualified as the child’s “home state” because home state is defined in Section 5343 as the “state in which the child immediately proceeding the time involved lived with . … Instead of establishing that Texas declined jurisdiction, the Record shows that Texas continued to exercise jurisdiction.

Bilbar Construction Co. v. Easttown Township Board of Adjustment

393 Pa. 62 · Supreme Court of Pennsylvania · May 2, 1958

The majority opinion in this case and even more clearly in Best v. … Clearly not.

Estate of Rose

465 Pa. 53 · Supreme Court of Pennsylvania · Nov 26, 1975

(However, the procedure for collecting the tax on income received after the date of the final income tax return was never clearly established). … Nor have the courts been able to fill this void by establishing a definition that would apply equally in every fact situation."