Case law

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.

Daniels v. Workers' Compensation Appeal Board

574 Pa. 61 · Supreme Court of Pennsylvania · Jul 22, 2003

disability benefits, as well as an additional award for a resulting permanent disfiguring scar, the WCJ found that the claimant’s testimony, coupled with the deposition testimony presented by the claimant’s treating physician, established … In addition, an expert witness may be unqualified or less qualified than the opposing party’s expert; or may be impeached with inconsistencies or contradictions in his or her testimony or reports; or may be impeached in some

Mission Funding Alpha v. Commonwealth, Aplt.

173 A.3d 748 · Supreme Court of Pennsylvania · Nov 22, 2017

the established tax liability. … Cnty. at 322-23 (“By using the word ‘payment’ the legislature clearly disclosed its intention to distinguish between ‘payment’ and ‘tax.’ ”).

Commonwealth v. Marshall

570 Pa. 545 · Supreme Court of Pennsylvania · Nov 22, 2002

This claim is therefore not cognizable under the PCRA. *557 Appellant argues that the jury was not properly “life qualified”, for two reasons. … Such a talismanic requirement would clearly place form over substance. Commonwealth v. Jermyn, 516 Pa. 460 , 533 A.2d 74, 87 (1987); see also Commonwealth v.

Commonwealth v. Sattazahn

597 Pa. 648 · Supreme Court of Pennsylvania · Jul 24, 2008

This evidence clearly established that trial counsel did not conduct a thorough investigation of his client’s background to deter *665 mine if more statutory mitigators existed, and there was no tactical or strategic reason … According to the PCRA court, these unjustified omissions on trial counsel’s part clearly prejudiced Appellee.

Albert Appeal

372 Pa. 13 · Supreme Court of Pennsylvania · Nov 25, 1952

These crushing levies are due to the staggering sums required to maintain a military establishment that would never have been necessary were it not for the Communist threat against the very life of the nation. … Is it not incredible, then, that he should demand immunity from questioning as to what he intends to do with these tools which aim at destruction and not construction?

Commonwealth v. Delbridge

578 Pa. 641 · Supreme Court of Pennsylvania · Sep 25, 2003

It is also the only court to clearly endorse the use of expert testimony in a pre-trial hearing on the issue of suggestive and coercive interview techniques and the impact of such techniques on young children. 16 The other … Appellant asserts that given the evidence of taint the statements fail to meet the requirements for trustworthiness established in Idaho v. Wright.

Commonwealth v. Ballard

622 Pa. 177 · Supreme Court of Pennsylvania · Nov 21, 2013

The intimacy involved in stabbing one’s victim to death clearly indicates malice and specific intent. See, e.g., Commonwealth v. … Valliere is neither a medical doctor nor a penologist she was not qualified as an expert witness for the purpose of rebutting Dr. Johnson’s testimony.

Commonwealth v. Cannon

453 Pa. 389 · Supreme Court of Pennsylvania · Sep 19, 1973

In this connection the appellant introduced the psychiatric reports of several qualified medical experts. … Appellant also contends, however, that the court's instruction was erroneous because it established an irrebuttable presumption that the firing of a pistol at the chest of the decedent was evidence, as a matter of law, that

Commonwealth v. Eichinger, J., Aplt

631 Pa. 138 · Supreme Court of Pennsylvania · Dec 31, 2014

The trial court’s instructions are clearly background information meant to orient the jury as it carried out its task. … Rep. 718 (H.L. 1843) (to establish defense on ground of insanity, it must be clearly proved that, at time of committing of act, party accused was laboring under such defect of reason, from disease of mind, as not to know

Com. of Pa. v. Romero

183 A.3d 364 · Supreme Court of Pennsylvania · Apr 26, 2018

Particularly when dicta are juxtaposed against clearly binding and irreconcilable precedent, we must choose the latter. " Dictum settles nothing, even in the court that utters it." Jama v. … A highly sophisticated set of rules, qualified by all sorts of ifs, ands, and buts and requiring the drawing of subtle nuances and hairline distinctions ... may be literally impossible of application by the officer in the

In re T.S.M.

620 Pa. 602 · Supreme Court of Pennsylvania · Jul 22, 2013

The court asserted, albeit incorrectly as discussed below, “that the ultimate exception to ASFA time frames should be until a:child finds meaningful, loving relationships with a family and committed homes are established. … or to preserve and reunify the family need not be made or continue to be made, whether the county agency has filed or sought to join a petition to terminate parental rights and to identify, recruit, process and approve a qualified

Grove, J., Aplt. v. Port Authority

Supreme Court of Pennsylvania · Oct 31, 2019

Port Authority filed an answer denying liability and claiming governmental immunity pursuant to Section 8541 of the Judicial Code, 42 Pa.C.S. § 8541. A jury trial commenced on September 26, 2016. … Furthermore, the trial court has broad discretion in phrasing the instructions, so long as the directions given ‘clearly, adequately, and accurately’ reflect the law.” Commonwealth v.

Commonwealth v. Crosby

390 Pa. Super. 140 · Supreme Court of Pennsylvania · Jan 3, 1990

Thus, gains from an illegal act or enterprise would seem to be properly forfeitable, thus qualifying it as contraband (of a derivative nature). … Intention appears, in common parlance, to be read into the phrase "shot" more often than not, thus, necessitating the qualifying word "accidentally" where applicable.

Grove, J., Aplt. v. Port Authority

Supreme Court of Pennsylvania · Oct 31, 2019

Port Authority filed an answer denying liability and claiming governmental immunity pursuant to Section 8541 of the Judicial Code, 42 Pa.C.S. § 8541. A jury trial commenced on September 26, 2016. … Furthermore, the trial court has broad discretion in phrasing the instructions, so long as the directions given ‘clearly, adequately, and accurately’ reflect the law.” Commonwealth v.

Commonwealth v. Banks

596 Pa. 297 · Supreme Court of Pennsylvania · Dec 28, 2007

Banks' counsel clearly satisfied this burden. … The trial court engaged in a comprehensive analysis of the evidence presented and its findings are not only clearly supported by the record, but are undisputed.

Commonwealth v. Williams

594 Pa. 366 · Supreme Court of Pennsylvania · Nov 26, 2007

The legislature’s failure to clearly set forth its intent in the original act could only be remedied prospectively by the later amendment. Id. at 844. … Clearly, there was a mass of highly prejudicial evidence presented to the jury, which it would never have heard, had there been no [Pa.C.O.A.] charge.

Office of Disciplinary Counsel v. Anonymous Attorney A

528 Pa. 83 · Supreme Court of Pennsylvania · Jul 18, 1991

“When the Constitution clearly sets forth the manner in which something shall be done, that procedure must be followed to the exclusion of all others ....” Consumer Party of Pennsylvania v. … It specifically covers all conduct of a judge, and unlike the provisions of Article 5, section 18(d), it is written without any qualifying or restrictive language. Id., 483 Pa. at 458, 459 , 397 A.2d at 756, 757 .

City of Harrisburg v. Prince, J., Aplt.

Supreme Court of Pennsylvania · Nov 12, 2019

[J-43-2019] - 7 spreadsheet is “clearly an ‘account’ or ‘voucher’ that deals with the ‘receipt … of funds by an agency’,” it meets the definition of financial record in section 102 of the RTKL and, accordingly, is not … the report was a public record subject to access, we corrected the Commonwealth Court’s misunderstanding that a document “must contain information essential to the performance of a mandatory, statutory duty in order to qualify

Commonwealth v. Reed

607 Pa. 629 · Supreme Court of Pennsylvania · Dec 21, 2010

Clearly, Magliocco has limited relevance to the present matter. … Terroristic threats, a chapter 27 offense, was a qualifying Article B offense. Magliocco II, supra at 489 n. 8. .