Case law

Butler v. Charles Powers Estate

2011 Pa. Super. 198 · Superior Court of Pennsylvania · Sep 7, 2011

This decision established a rule of property which was a recognized part of the law of this state ... and is a rule upon which the validity of many titles has long since rested. … Grassham, 282 Ky. 430 , 138 S.W.2d 940 (1940) (holding conveyance of all minerals of every kind and character except coal and natural gas and coal oil, included conveyance of sandstone quarry, in absence of other qualifying

Com. v. Gibson, B.

Superior Court of Pennsylvania · Jul 1, 2016

In order to overcome this qualified privilege and obtain disclosure of a confidential informant's identity, a defendant must first establish, pursuant to Rule 573(B)(2)(a)(i), that the information sought … Also, the totality of the circumstances test does not limit our inquiry to an examination of only those facts that clearly indicate criminal conduct.

Steckman, W., III v. Scott, W.

Superior Court of Pennsylvania · May 29, 2024

By September of 2018, after all bids were submitted, the Committee ranked the bids based upon an established criterion. … In his first issue, Appellant acknowledges that Appellee was the mayor of Reading at the time of the alleged defamatory statements, and Appellee qualified as a high public official for purposes of analyzing the doctrine

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.

Com. v. St. Rose, K.

216 A.3d 1137 · Superior Court of Pennsylvania · Aug 14, 2019

Rose] still qualified for childcare assistance. [St. … Rose, the jury had to conclude that the Commonwealth had established beyond a reasonable doubt that St.

Tomashefski v. Tomashefski

246 Pa. Super. 118 · Superior Court of Pennsylvania · Nov 22, 1976

"The AFDC program is one of three major categorical public assistance programs established by the Social Security Act of 1935. See U.S. … An applicant for public assistance must establish to the satisfaction of the County Board that he qualifies for assistance under a very elaborate body of regulations, which are designed to qualify for assistance only those

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.

In Re Tc

984 A.2d 549 · Superior Court of Pennsylvania · Nov 18, 2009

Though we are not bound by the trial court's inferences and deductions, we may reject its conclusions only if they involve errors of law or are clearly unreasonable in light of the trial court's sustainable findings. … The evidence establishes that the children share a significant bond with the foster parents, and that they do not share a strong bond with Father. Id. at 103-104, 123 .

Com. v. Arias, E.

286 A.3d 341 · Superior Court of Pennsylvania · Nov 30, 2022

Nevertheless, as the Controlled Substance, Drug, Device, and Cosmetic Act (“CSA”)2 deems marijuana to be a prohibited substance for individuals not qualified under the MMA, the Supreme Court found that the smell of marijuana … Rather, the role of the trial judge is to determine that notwithstanding all the facts, certain facts are so clearly of greater weight that to ignore them or to give them equal weight with all the

Doe v. Wyoming Valley Health Care System, Inc.

2009 Pa. Super. 250 · Superior Court of Pennsylvania · Dec 18, 2009

Appellant claims Ap-pellee failed to establish the “publicity” element necessary to succeed in her invasion of privacy action. … Thus, a showing of mere negligence, or even gross negligence, will not suffice to establish that punitive damages should be imposed.

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.

Commonwealth v. Johnson

2008 Pa. Super. 14 · Superior Court of Pennsylvania · Jan 22, 2008

Johnson was “regularly employed as a *1288 deteetive[,]” as she did not qualify as a member of the a United States government investigative service, sheriff, or member of a state or city police department. ¶ 7 The term “private … Similarly, in its opinion submitted pursuant to Pa.R.AP. 1925(a), the trial court stated that it was “clearly powerless to grant professional licenses to those not specifically named by the [G]eneral [Assembly in the Act.

Irving's Executors v. Burgess of Media

10 Pa. Super. 132 · Superior Court of Pennsylvania · Apr 17, 1899

The establishment of this doctrine, instead of conserving the natural rights of all the inhabitants of the district, would enable a part of the inhabitants, namely those dwelling in the borough, to appropriate the water to … But this qualified right appertaining to his property along the stream adds to the value of the property:” Rudolph v. Penna. R. Co., 186 Pa. 541 .

Weaver v. Martin

440 Pa. Super. 185 · Superior Court of Pennsylvania · Feb 24, 1995

These rules clearly give Judge Quigley the power to hear and decide appellant’s case. … No. 402(a) provides that a defendant may be served with original service by handing him a copy or by handing a copy to a qualified member at the defendant’s residence or place of business. Pa.R.C.P.

Com. v. Williams, R.

2020 Pa. Super. 246 · Superior Court of Pennsylvania · Oct 8, 2020

As these cases illustrate, the difficulty that frequently arises in e-mail and text message cases is establishing authorship. … [Officer] Ananea was qualified as a crime scene processing expert, and not an expert in forensic science or blood pattern evidence.

Erie Insurance Exchange v. Muff

2004 Pa. Super. 177 · Superior Court of Pennsylvania · May 24, 2004

State Farm then motioned for summary judgment on this action. ¶ 20 The State Farm Court determined that the underlying complaint sounded in negligence, and the factual averments contained therein qualified as an “occurrence … Here, the Bierlings have articulated a negligence action based on specific, detailed, and clearly pled acts and omissions of Mrs. Muff. See id.

Commonwealth v. Snyder

40 Pa. Super. 485 · Superior Court of Pennsylvania · Jul 14, 1909

In order to clearly present the question it is necessary to quote the part assigned for error. … presented; but the examination of the witness had not shown that he possessed the experience to qualify him as such a witness.

Com. v. St. Rose, K.

2019 Pa. Super. 242 · Superior Court of Pennsylvania · Aug 14, 2019

Rose] still qualified for childcare assistance. [St. … Rose, the jury had to conclude that the Commonwealth had established beyond a reasonable doubt that St.

Printed Terry Finishing Co. v. City of Lebanon

247 Pa. Super. 277 · Superior Court of Pennsylvania · Mar 31, 1977

Although the court in Doyle clearly establishes a legal duty on the part of a municipality to maintain its water system in “proper working order,” Githens, Rexsamer & Co. v. … In such a situation, the law clearly demands that a new trial be granted. The integrity of a jury verdict must be beyond reproach.

Commonwealth v. Colding

237 Pa. Super. 612 · Superior Court of Pennsylvania · Dec 22, 1975

It is now established that the Fifth Amendment prohibition against double jeopardy applies to the states through the Fourteenth Amendment. Benton v. Maryland, 395 U.S. 784 (1969). … Moreover, “[i]t is clearly the law in Pennsylvania that a ‘modification of a sentence imposed on a criminal defendant which in *615 creases the punishment constitute[s] further or double jeopardy.’ Commonwealth v.