Case law

Commonwealth v. Diehl

402 Pa. Super. 12 · Superior Court of Pennsylvania · Feb 1, 1991

In the instant case, there is no possibility of guesswork and speculation as the circumstantial evidence presented by the Commonwealth herein clearly raises the inference that appellant had knowledge of the common plan of … If the Commonwealth in any way violates this rule, it bears the burden of establishing that any error it made is harmless beyond a reasonable doubt. Commonwealth v.

American Southern Insurance v. Halbert, J.

203 A.3d 223 · Superior Court of Pennsylvania · Jan 17, 2019

Summary judgment is appropriate where the record clearly demonstrates there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. … The Halberts cite no evidence of record that would establish either of these requirements.

Baldi v. Metropolitan Insurance

18 Pa. Super. 599 · Superior Court of Pennsylvania · Jan 21, 1902

We are clearly of opinion that it was not part of the “ application as signed by the applicant.” 2. … The court was clearly right in .refusing to enforce it at such a sacrifice. These assignments are overruled. 5.

Com. v. Simpson, B.

Superior Court of Pennsylvania · Mar 10, 2020

The crux of appellant’s claim on appeal is premised on his belief that his private property qualifies as a shooting range under Section 4501. … The interpretation of Section 4501 urged by appellant is clearly unreasonable.

Commonwealth v. Correa

423 Pa. Super. 57 · Superior Court of Pennsylvania · Jan 22, 1993

Appellant argues that such action by the Commonwealth establishes a prima facie case of purposeful discrimination which the Commonwealth failed to rebut. … In reviewing this discrimination claim, we are mindful that an appellate court will reverse a trial court’s finding of no discrimination only if that finding is clearly erroneous.

Behanna v. Meyers

158 Pa. Super. 208 · Superior Court of Pennsylvania · Sep 28, 1945

“The reports of the referee and board should show clearly and unmistakenly all the controlling facts, and there should be findings based on subordinate underlying findings to support the conclusion of law and fact.” … We explicitly ruled there that the conduct on the part of the insurer, in the absence of contradicting or qualifying circumstances, established prima facie that the claimant was misled.

Commonwealth v. duPont

1999 Pa. Super. 88 · Superior Court of Pennsylvania · Apr 20, 1999

The cause of appellant’s mental illness was clearly crucial to the defense, and consideration of his substance-abuse, particularly by his expert witnesses, was an indispensable facet of establishing the history of that mental … The voluminous record clearly supports this finding.

Pennsylvania Insurance Department v. Johnson

211 Pa. Super. 138 · Superior Court of Pennsylvania · Nov 16, 1967

The reviewing court should not interfere where an administrative agency is clothed with discretion in the discharge of its duty unless the record clearly establishes that there has been a violation of positive law or an arbitrary … L. 1388, 71 P.S. §1710.31, which establishes the procedure for hearings such as this. Order affirmed.

Commonwealth v. Marshall

273 Pa. Super. 344 · Superior Court of Pennsylvania · Dec 21, 1979

Before argument thereon, the Pennsylvania Supreme Court announced its decisions in four cases which established at least a qualified right to a jury instruction on involuntary manslaughter in murder cases. 1 The post-verdict … Our Supreme Court has clearly held that the provisions of Rule 1123(a) regarding written post-verdict motions are mandatory. Commonwealth v. Waters, 477 Pa. 430 , 384 A.2d 234 (1978); Commonwealth v.

Commonwealth v. Poindexter

435 Pa. Super. 509 · Superior Court of Pennsylvania · Aug 25, 1994

Mary Currasco, M.D., a qualified expert on child abuse matters, testified that her findings were consistent with repeated penetration and ongoing sexual abuse. … This evidence, when viewed in the light most favorable to the Commonwealth as verdict winner, is clearly sufficient to sustain Poindexter’s conviction of rape.

Com. v. Little, K.

2020 Pa. Super. 207 · Superior Court of Pennsylvania · Aug 24, 2020

The trial court established that Alston indeed would qualify for the death penalty but then ended the sidebar without explicitly ruling on defense counsel’s proposed re-direct. Id. at pp. 65-66. … Counsel apparently opted to agree with the clearly detrimental ruling and the result of declining to object is that Little lost an arguably meritorious issue that could have afforded him a new trial.

Ramondo Et Ux. v. Pure Oil Co.

159 Pa. Super. 217 · Superior Court of Pennsylvania · Mar 13, 1946

Two facts are clearly established. … By that time, because of its knowledge and the course of its dealings, appellant’s lease was no longer “basic”; it was subject to, or qualified and conditioned by, the DiMaio contract.

Rigler v. Treen

442 Pa. Super. 533 · Superior Court of Pennsylvania · Jun 15, 1995

The court made the following assessment: The record clearly shows that the relationship between Marcelle and the Riglers is an antagonistic one. Marcelle testified that Mrs. … This conduct by the Riglers increased Marcelle’s feeling that she does not have control over her son and that despite her efforts to establish a new family unit by Paul Treen’s adoption of R.B., the Treen family will never

American Steel & Wire Co. of New Jersey v. Unemployment Compensation Board of Review

161 Pa. Super. 622 · Superior Court of Pennsylvania · Nov 17, 1947

The referee and the board found that the union refused on January 28, 1946, to permit qualified men to enter appellant’s plant to repair the bakers during the continuance of the strike. … The words “such suspension” which occur thereafter three times in the proviso clearly refer, in our judgment, to the term “voluntary suspension” previously used.

Commonwealth v. Marzel

291 Pa. Super. 553 · Superior Court of Pennsylvania · Oct 23, 1981

However, Appellees disregard significant factors that clearly demonstrate continuing criminal activity. … There must, of necessity, be a first time for each *561 informant to supply his information; otherwise no informant could ever become qualified as a reliable source. Commonwealth v.

Knopick, N. v. Boyle, D. and Boyle Litigation

189 A.3d 432 · Superior Court of Pennsylvania · May 30, 2018

Additionally, The party asserting privilege bears the burden of producing facts establishing proper invocation of the privilege. … Sherman’s email clearly was not a confidential communication to an attorney. The email was a communication from Mr. Sherman to himself.

Caterpillar Financial Services v. Get Er Done

286 A.3d 302 · Superior Court of Pennsylvania · Nov 18, 2022

Did the [trial] court err in relying on evidence which was clearly controverted by evidence of [Get ‘Er Done]? 3. … While it is well-established that a witness may be qualified to render an expert opinion based on training and experience alone, see Miller v.

In Re: J.A., Appeal of: D.A.

2015 Pa. Super. 3 · Superior Court of Pennsylvania · Jan 6, 2015

To the contrary, the statutory sections upon which Rule 1145 relies clearly delineate who may make medical decisions for a dependent child. … CYF, unlike KidsVoice, qualifies as an agency entitled to act as the child’s temporary legal custodian.

Denton v. SILVER STREAM NUR. & REHAB. CTR.

739 A.2d 571 · Superior Court of Pennsylvania · Oct 7, 1999

Shirey, 456 Pa.Super. 668 , 691 A.2d 511, 513 (1997). ¶ 19 Here, we have a statute that clearly prohibits discharge—the afore-discussed Whistleblower Law. [2] This law represents our Commonwealth's public policy, as clearly … Although we determined that she failed to establish a valid claim for wrongful discharge, she had stated a valid claim under the Wage Payment and Collection Law.

Commonwealth v. G.P.

2000 Pa. Super. 391 · Superior Court of Pennsylvania · Dec 19, 2000

This process was clearly delineated in Commonwealth v. Arnold, 356 Pa.Super. 343 , 514 A.2d 890 (1986), which interpreted the identical predecessor to section 6381, 11 P.S. 2222, Hearings and Evidence, (2). … The courts, nevertheless, determined that the information provided had led to the establishment of a sufficient time frame for the offenses.