Case law

Commonwealth v. Chmiel

585 Pa. 547 · Supreme Court of Pennsylvania · Dec 29, 2005

We find that this case clearly falls within the first alternative, leading us to the conclusion that the committed error was harmless. … Illinois, 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 (1968) (enunciating the standard for removal of jurors leading towards a "death qualified jury''); Wainwright v.

Commonwealth v. Roney

622 Pa. 1 · Supreme Court of Pennsylvania · Oct 30, 2013

Was the Evidence Legally Insufficient to Establish the Grave Risk Ag-gravator, As Defined and Limited by this Court? … ,] improper exclusion; ... the group voir dire and failure to life qualify!

Hiller v. Fausey

588 Pa. 342 · Supreme Court of Pennsylvania · Aug 22, 2006

With these premises established, the trial court examined the facts of the case. … However, [Father] clearly was allowing his anger toward [Great-grandfather] to interfere with [Child's] relationship with [Great-grandfather.] Tr. Ct.

Commonwealth v. Shaw

564 Pa. 617 · Supreme Court of Pennsylvania · Apr 16, 2001

. § 3731(a)(1) and (a)(4), and one count of failing to stop at a clearly marked stop line, 75 Pa.C.S. § 3323(b). … (b) Immunity from civil or criminal liability.

Commonwealth v. Ohle

503 Pa. 566 · Supreme Court of Pennsylvania · Dec 14, 1983

Moreover, a trial court need not accept counsel’s wording, but may choose its own so long as the “area is adequately, accurately and clearly presented to the jury for their consideration.” Commonwealth v. … When Pennsylvania remitted the premiums to cover these risks it certainly did not expect either to be relegated to a law suit in order to establish coverage, or to defend one asking it to pay again.

In Re Donna W.

325 Pa. Super. 39 · Supreme Court of Pennsylvania · Feb 10, 1984

The trial judge concluded that Meyers' experience as a mother qualified her to make that conclusion. … She conceded that it would be difficult to establish a relationship with him. It was the opinion of Dr.

Commonwealth v. Parrish, M., Aplt.

Supreme Court of Pennsylvania · Apr 28, 2022

The letter, which 4 The jury found the existence of the following aggravating circumstances with regard to both murders: Parrish was convicted of another offense that qualified for imposition of a sentence of life imprisonment … defendant instructed counsel (one way or the other) with respect to the filing of an appeal, and thus the appropriate question is whether counsel is “deficient for not filing a notice of appeal when the defendant has not clearly

Commonwealth v. Muniz, J., Aplt.

Supreme Court of Pennsylvania · Jul 19, 2017

.] - 3 privileges or immunities, shall be passed.” PA. CONST. art. I, § 17. … Commonwealth, 905 A.2d 918, 939 (Pa. 2006) (“[A] legislative enactment will not be deemed unconstitutional unless it clearly, palpably, and plainly violates the Constitution.”).

City of Erie v. Pennsylvania Labor Relations Board

612 Pa. 661 · Supreme Court of Pennsylvania · Nov 23, 2011

In 1978, a newly elected mayor appointed a Superintendent who, although qualified, *637 did not come from the ranks of the Scranton Police Department. … Act 205, inter alia, established a General Municipal Pension System State Aid Program which provided funds that municipalities could use to supplement their pension plans. .

In the Interest of: J.J.M., Appeal of: J.J.M.

Supreme Court of Pennsylvania · Dec 21, 2021

For these indisputably valid reasons, true threats are not immunized by the First Amendment, and the Constitution reserves for the States the right to determine whether “speech which threatens unlawful violence [should] … It is, moreover, clearly couched in terms of appellant’s personal (albeit non-conformist and morbid) opinion.

Commonwealth v. Blakeney

631 Pa. 1 · Supreme Court of Pennsylvania · Dec 29, 2014

Appellant has failed to establish his underlying claim of incompleteness of the record. … Moreover, Appellant’s petition in the Superior Court did not request a stay of the trial proceedings, and the trial court had clearly denied the double jeopardy motion on the basis that it lacked merit.

Commonwealth v. Cornman

4 Serg. & Rawle 83 · Supreme Court of Pennsylvania · Apr 4, 1818

But this meaning is qualified and changed by the, succeeding clause, “ that every person refusing to make a choice as aforesaidf shall be considered an exempt. … I shall only add, that I do not consider the acts of 1814 and 1816, as establishing any new principle, but as declaratory of the common law, except so far as the courts are precluded from taking appellate jurisdiction, or

The Bert Company v. Turk, Aplts.

Supreme Court of Pennsylvania · Jul 19, 2023

Bert at $9.4 million48 to establish the amount of the potential harm intended by the Defendants if the scheme was successful. … Northwest’s Brief at 42 (citing cases to establish that $250,000 is not substantial for purposes of assessing ratio).

The Bert Company v. Turk, Aplts.

Supreme Court of Pennsylvania · Jul 19, 2023

Bert at $9.4 million48 to establish the amount of the potential harm intended by the Defendants if the scheme was successful. … Northwest’s Brief at 42 (citing cases to establish that $250,000 is not substantial for purposes of assessing ratio).

Washington, T., Aplt. v. PA Dept. of Corrections

Supreme Court of Pennsylvania · Dec 19, 2023

Nevertheless, the DOC contends that, as amended, Act 84 clearly and unambiguously requires the DOC to apply the 25% minimum rate without exception. Id. at 21-23. … inmates based on whether they have any Act 84 obligations at all, and when they do, individualized assessments are made by the DOC to determine the amount of money contained in individual inmate accounts and the amounts of qualifying

Commonwealth v. Baumhammers

625 Pa. 354 · Supreme Court of Pennsylvania · May 27, 2014

Appellant maintains that caselaw establishes that the strict legal meaning of “conviction” requires a sentence to have been imposed. … At best, such factors would render it completely arbitrary [under the interpretation advanced] whether a contemporaneous offense would qualify as an aggravating circumstance under subsection (d)(10).

Commonwealth v. Felder, M., Aplt.

Supreme Court of Pennsylvania · Feb 23, 2022

Still, even after establishing this comprehensive set of legal criteria to guide juvenile sentencings, other questions remained. … Even if we agreed with that characterization (we do not), this case would almost surely qualify for an exception. See, e.g., Pap’s A.M. v.

Commonwealth, Aplt. v. Conforti, M.

Supreme Court of Pennsylvania · Oct 23, 2023

We note, however, that while this Court is clearly bound by the holdings of the United States Supreme Court on issues of federal law, we are not bound by the holdings of the Third Circuit on such issues. Hall v. … As such, the reports qualify as impeachment evidence that was favorable to Conforti and are thus Brady material. Lambert, 994 A.2d at 854.

W. Chester Sc. Dist. v. Collegium Chtd. Sc.

812 A.2d 1172 · Supreme Court of Pennsylvania · Dec 20, 2002

Collegium's bylaws and charter application clearly state that "[the board of trustees] has ultimate responsibility to determine general, academic, financial, personnel and related polices deemed necessary for the administration … Second, the Commonwealth Court opined that "because single district charter schools must give preference to qualified students from the chartering district, schools designed to attract a multi-cultural student body or draw

Commonwealth v. Spetzer

572 Pa. 17 · Supreme Court of Pennsylvania · Dec 31, 2002

Seitz was “clearly competent to testify to anything she had seen.” 32 A. at 578 . … State, 931 S.W.2d 239, 244 (Tex.Crim.App.1996) (en banc) (establishing exception to privilege for crime against any minor child).