Case law

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. Stipetich

539 Pa. 428 · Supreme Court of Pennsylvania · Jan 23, 1995

It is well established that district attorneys, in their investigative and prosecutorial roles, have broad discretion over whether charges should be brought in any given case. … Rather, this Court clearly held that the general power of the district attorney to prosecute criminal actions is subject to the supervisory authority of the courts. *435 Commonwealth v.

Gustafson, P. v. American Fed. of State, Aplt.

Supreme Court of Pennsylvania · Jan 21, 2026

PERA, and is clearly not limited in the manner proposed by the dissent. … Moreover, contrary to Gustafson’s insistence, limiting a public employee’s remedy to nunc pro tunc arbitration does not immunize the union for its breach.

Commonwealth v. Berrigan

369 Pa. Super. 145 · Supreme Court of Pennsylvania · Dec 3, 1987

We find that these four veniremen had sufficiently remote financial, familial, and situational contacts to qualify as jurors at the trial. … While the majority clearly spells out the deficiencies of the trial judge before and during trial, it would limit its correction only to sentencing.

Commonwealth ex rel. Sheeler v. Burke

74 Pa. D. & C. 241 · Supreme Court of Pennsylvania · Feb 15, 1951

The pleas under such circumstances were involuntary, and hence not immune to collateral attack. … The unusual circumstances of this casé in their totality clearly establish that Rudoípíi. Sheeler has for the past 12 years been deprived of his liberty without due process of law.

Commonwealth v. Cox, R., Aplt.

204 A.3d 371 · Supreme Court of Pennsylvania · Mar 26, 2019

In the absence of legislative action, this Court, in Miller, established a three-pronged definition. … This reliance is [J-69-2018] - 27 clearly erroneous in light of Moore.

Commonwealth v. Jermyn

551 Pa. 96 · Supreme Court of Pennsylvania · Feb 25, 1998

Further, he has failed to establish that there was a miscarriage of justice in this matter. … Thus, the issue of whether Jermyn was in a custodial situation when he was questioned by police clearly has been previously litigated on direct appeal.

Armroyd v. Union Insurance

3 Binn. 437 · Supreme Court of Pennsylvania · Jul 22, 1811

The defendants have clearly adopted the acts of the supercargo, as their agent, by receiving the proceeds of sale, and insisting that the profits of the bills of exchange in which the sales were invested belonged to themselves … An insurance of the absolute property in the ship, and the qualified property, or the use for a specific purpose. He xoho insures the part, has already insured the whole.

Commonwealth v. Jenkins, B., Aplt.

Supreme Court of Pennsylvania · Oct 23, 2025

In so doing, we explained that Boos “did not qualify for ARD because of his prior convictions,” and that “[h]e knew that he did not qualify but attempted, nevertheless, to benefit from the program by concealing his prior … Appellant was in the best position to report his offense, which was clearly relevant to the prosecutor’s decision on whether to recommend Appellant for ARD and the trial court’s evaluation

Matter of Costigan

541 Pa. 459 · Supreme Court of Pennsylvania · Aug 22, 1995

of handling the estate, he would not have been disbarred, and if he had demonstrated an understanding of their importance in the present proceeding, he would likely be reinstated, for such an understanding would probably qualify … The majority's analysis of the second prong is with what I disagree. *472 Our Rule, Pa.R.D.E. 218(c)(3)(i), clearly requires the petitioner to establish by clear and convincing evidence that he is fit to resume the practice

In Re: M.L.R.; Apl of: E.L.R., Mother and M.L.R.

Supreme Court of Pennsylvania · Feb 18, 2026

Finally, “absent a qualifying provision appearing elsewhere in the Adoption Act, it is clear . . . that a legal parent must relinquish his parental rights in order to consent to the adoption of his child by a non-spouse … understands exactly how this Court has interpreted the relevant sections of the Adoption Act, and knows exactly how to amend the Act when it [J-35-2025] - 22 wishes to do so to clearly

Commonwealth v. D'Amato

579 Pa. 490 · Supreme Court of Pennsylvania · Sep 2, 2004

As the test clearly assumes, after-discovered evidence existed at the time of trial, it was just not discovered until later. … For the reasons stated above, the claim clearly fails as a matter of law. See Bond, 819 A.2d at 50 ; Clayton, 816 A.2d at 222 .

Fredericks v. Northern Central R. R.

157 Pa. 103 · Supreme Court of Pennsylvania · Oct 2, 1893

The verdict was clearly contrary to the evidence, and there must be a new trial.” … Commonwealth, 85 Pa. 60 , on a trial for burglary, the court in the charge said : “ The commonwealth claims that evidence can establish nothing if this evidence will not establish the facts alleged in the third count, and

Commonwealth v. Tarbert

348 Pa. Super. 306 · Supreme Court of Pennsylvania · Dec 6, 1985

We intend to clearly and expressly indicate that our decision rests "on bona fide, separate, adequate, and independent [state] grounds . . ." Id. II A. … , documents, equipment and load to determine whether they meet standards established in department regulations.

A. D. Graham & Co. v. Pennsylvania Turnpike Commission

347 Pa. 622 · Supreme Court of Pennsylvania · Mar 24, 1943

We agree with the court below that “. . . a careful reading of their testimony clearly shows that their estimates of opinion as to its market value immediately before the appropriation are based almost wholly, if not entirely … trial is affirmed. 1 We have examined all of the Record testimony, including the numerous photographs, maps, photostatic copies of public records filed in the Capitol and all the other exhibits. 2 “Perhaps this is somewhat qualified

Commonwealth v. Laird

555 Pa. 629 · Supreme Court of Pennsylvania · Mar 1, 1999

The trial court is free to use its own expressions *659 as long as the concepts at issue are clearly and accurately presented to the jury. Commonwealth v. Faulkner, 528 Pa. 57 , 595 A.2d 28 (1991). … However, Teague sets a threshold that must be established before a habeas petitioner can qualify for relief, a fact that raises a serious question as to the import of the Third Circuit’s opinion in Frey . 13 .

Commonwealth v. Fletcher

604 Pa. 493 · Supreme Court of Pennsylvania · Dec 28, 2009

Since this precise claim was raised previously, the “law of the case” doctrine clearly applies. … It may be drawn in the absence of qualifying circumstances. By common knowledge, such use of a deadly weapon is likely to cause death.

Commonwealth v. Trill

374 Pa. Super. 549 · Supreme Court of Pennsylvania · May 12, 1988

The rifle was clearly visible to the officers through the open door of the automobile where Trill was standing. … Responding to appellant's assertions, the court first established the standard by which to analyze DeWit's claim: It is well established that to survive a challenge of denial of due process a statute may not be so vague that

Pennsylvania Environmental Defense Foundation v. Commonwealth

161 A.3d 911 · Supreme Court of Pennsylvania · Jun 20, 2017

Some charters address the people’s rights to fish and hunt, often qualified by the government’s right to regulate these activities for the purposes of conservation. See, e.g., Ky, Const. § 255A (2012); Vt. Const. Ch. … established public trust principles applicable to Section 27.

Pivirotto v. City of Pittsburgh

515 Pa. 246 · Supreme Court of Pennsylvania · Jun 22, 1987

Under well established Pennsylvania property law, equitable conversion does not occur until the owner's title has been divested. … This obligation would clearly encompass the expectation that those purchasers will be aware of any notices posted on that property.