Case law

Commonwealth v. Tukhi

2016 Pa. Super. 231 · Superior Court of Pennsylvania · Oct 25, 2016

Nevertheless, the Commonwealth need not establish guilt to a mathematical certainty. … However, the claim is not so clearly devoid of merit so as to warrant classifying this appeal as frivolous.

Com. v. Toland

2010 Pa. Super. 91 · Superior Court of Pennsylvania · May 25, 2010

The Commonwealth need not preclude every possibility of innocence or establish the defendant's guilt to a mathematical certainty. … The Williams court held that a serial DUI offender subject to mandatory DUI penalties may be sentenced to IP so long as the program is a qualified program and the defendant is a qualified eligible offender. Id.

Commonwealth v. Vandyke

2017 Pa. Super. 54 · Superior Court of Pennsylvania · Mar 1, 2017

Penney’s retail establishment. … The similar offense test simply means that more crimes will qualify under an elements analysis, and identity of both nature and definition is not required.

Com. v. Bonnett, P.

239 A.3d 1096 · Superior Court of Pennsylvania · Sep 22, 2020

I think, clearly, you’re arguing a mistake in application of the science, which is clearly cross examination at trial. ____________________________________________ http:// www .nfpa. org /news-and-research/publications … It is well-established that any issue not raised in a Rule 1925(b) statement will be deemed waived for appellate review. See Commonwealth v. Lord, 719 A.2d 306, 309 (Pa. 1998).

Myers v. Kipp

20 Pa. Super. 311 · Superior Court of Pennsylvania · May 22, 1902

In strictness, this is not an allegation of a parol agreement contradicting or qualifying a written contract. … It is needless to cite authority for principles so long established in our jurisprudence.

Vaughan Estate of Vaughan v. Olympus Am., Inc.

208 A.3d 66 · Superior Court of Pennsylvania · Apr 10, 2019

Therefore, we conclude that the activity regarding the scope that occurred in Pennsylvania was sufficient to establish the minimum contacts needed, under a due process analysis, to establish specific jurisdiction in Pennsylvania … In sum, faced with private and public factors that clearly support Vaughan’s choice to proceed in Philadelphia, we conclude there were not weighty reasons to disturb Vaughan’s choice of forum.

Com. v. Nestor, T.

314 A.3d 863 · Superior Court of Pennsylvania · Apr 10, 2024

Appellant contends Trooper Zimmerman was not a qualified expert and could not “offer either his ‘impression’ or his opinion that [Appellant’s] twitches established his use of a stimulant, as opposed to some other cause. … witnesses: If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness’s perception; (b) helpful to clearly

Commonwealth v. Witman

2000 Pa. Super. 92 · Superior Court of Pennsylvania · Mar 28, 2000

“A burning building clearly presents an exigency of sufficient proportions to render a warrantless entry ‘reasonable’ ”. Id. … Indeed, there is only a difference in semantics between her consent and that expressed by the father. ¶ 19 With respect to father’s statement, as found by the trial court, we find the evidence clearly established the conveyance

Spino v. John S. Tilley Ladder Co.

448 Pa. Super. 327 · Superior Court of Pennsylvania · Feb 9, 1996

Appellants *333 have framed their arguments in support of their request for a new trial, as follows: In this 402A case involving defective design of a product, did the trial court err by creating an immunity for the defendant … Expert opinion evidence ... certainly affords an effective means of rebutting contrary expert opinion evidence, even if the expert rebuttal would not qualify as proof. Neal by Neal v.

McCrory v. Abraham

441 Pa. Super. 258 · Superior Court of Pennsylvania · Mar 9, 1995

These attorneys are clearly trying to place the evidence before the court in the light most favorable to their respective clients. This advocacy does not, however, put the evidence itself in dispute. … All qualified jurors are equal before the law. We see no legally cognizable reason to presume that one class of jurors is more desirable or capable than another.

Commonwealth v. Belenky

2001 Pa. Super. 148 · Superior Court of Pennsylvania · May 9, 2001

. ¶ 13 As noted, the particularity requirement seeks to preclude general or exploratory searches, and clearly the present search was neither. … Whether that man was appellant or not, it established probable cause and the search would still have occurred three days later.

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.

Com. v. Howard, M.

285 A.3d 652 · Superior Court of Pennsylvania · Nov 9, 2022

Once jurisdiction is established, a PCRA petitioner can present a substantive after-discovered-evidence claim. … Instantly, the PCRA court clearly applied the public record presumption in deeming Appellant’s petition untimely without exception.

Commonwealth v. Sanes

2008 Pa. Super. 175 · Superior Court of Pennsylvania · Aug 4, 2008

to establish that appellant had actual or constructive possession of either of the firearms in question? … Holley, 945 A.2d 241, 246-247 (Pa.Super.2008). ¶ 7 As stated above, it was stipulated that appellant was convicted of a qualifying offense enumerated in Subsection (b) of the statute; therefore, the only issue is whether

E.F. Houghton & Co. v. Doe

427 Pa. Super. 303 · Superior Court of Pennsylvania · Jul 27, 1993

Section 606 of the Banking Code describes the only way a third-party claimant may effectively establish ownership of funds held by a bank. 7 Pa.S.A. § 606(a)(i). … Section 606 clearly and unambiguously defines the type of notice that is effective to prevent set off or other action by the bank.

Potts v. Dow Chemical Co.

272 Pa. Super. 323 · Superior Court of Pennsylvania · Dec 5, 1979

Patterson-Emerson-Comstock, Inc., 404 Pa. 53, 57 , 171 A.2d 185 , 187 (1961) (collecting cases), and "`every presumption is against an intention to contract for immunity for not exercising ordinary diligence in the transaction … The correspondence must show what those terms are; and the fact that they were so adopted by both parties must be established.

Commonwealth v. Ross

424 Pa. Super. 570 · Superior Court of Pennsylvania · Apr 19, 1993

It is well-settled that the Commonwealth has a qualified privilege “to refrain from disclosing the identity of an inform *574 er.... ” Commonwealth v. Carter, 427 Pa. 53, 55 , 233 A.2d 284, 285 (1967). … Clearly, the informant’s testimony was crucial to appellant’s defense.

Betz v. Sykes

179 Pa. Super. 639 · Superior Court of Pennsylvania · Nov 16, 1955

Undoubtedly to keep him intimately informed as to the affairs of the corporation he was given one qualifying share of stock and was made a member of the Board of Directors. … Moreover the evidence clearly charges defendant with knowledge of plaintiff’s relationship to the *644 corporation.

Fisher, H. v. Erie Insurance Exchange

258 A.3d 451 · Superior Court of Pennsylvania · Jun 25, 2021

Erie is unable to satisfy the third prong establishing this interlocutory order as being a collateral order. … The order would not qualify for immediate collateral review, since the party asserting privilege would not have lost the ability to challenge disclosure until a final judgment.

Lititz Mutual Insurance v. Steely

1999 Pa. Super. 331 · Superior Court of Pennsylvania · Dec 28, 1999

Failure to adduce this evidence establishes that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. … Accordingly, the definition of pollutant clearly and unambiguously applies to lead-based paint.