Case law

Com. v. Young, B.

287 A.3d 907 · Superior Court of Pennsylvania · Dec 23, 2022

Young clearly raised the issue of overbreadth in his own omnibus pre- trial motion. … The affidavit of probable cause attached to the application, however, clearly evinced that police were only investigating alleged law- breaking in Apartment One.

Blair v. Pennsylvania Turnpike Commission

152 Pa. Super. 555 · Superior Court of Pennsylvania · Apr 13, 1943

established that the taxes were assessed on seated land and the sale was had for unpaid taxes on unseated land. … William Friedline fixed the values at $25,800 before and at $250 after the appropriation; but on cross-examination qualified his testimony by setting the fair market value of the property as a whole, before the taking, at

Trizechahn Gateway LLC v. Titus

2007 Pa. Super. 196 · Superior Court of Pennsylvania · Jul 3, 2007

The incoming partner partakes of the benefit of the partnership property and an established business. … R.C.P. 3123.1, Claim for Exemption or Immunity of Property. Prompt Hearing. Trizechahn's contention misses its mark.

Commonwealth v. Waddell

61 A.3d 198 · Superior Court of Pennsylvania · Nov 21, 2012

The scientific, medical and empirical data and evidence clearly established that marijuana has many acceptable medical uses in the United States, and therefore failed to meet the requirements of 35 [P.S. § ] 780-104 in Schedule … Unlike DeSimone, Trout did hear the first transmission from Fusco clearly. He heard Fusco say that someone had jumped out the rear window of the residence.

Commonwealth v. Orie

2014 Pa. Super. 44 · Superior Court of Pennsylvania · Mar 6, 2014

This established that they were in their altered form when in the possession of [Orie]. … The evidence submitted establishes that [Orie] retained private counsel on December 9, 2009.

Nanticoke Bridge

40 Pa. Super. 345 · Superior Court of Pennsylvania · Jul 14, 1909

The railroad company objected that the act quoted did not intend that there should be taken from a railroad company a portion of its right of way in order to establish thereon a highway for ordinary travel. … If we say with the appellant that it means every other corporation of any kind or description, the previous qualifying expressions, to wit: “turnpike road company, bridge company,” become entirely meaningless and are given

Commonwealth v. Chambers

2017 Pa. Super. 58 · Superior Court of Pennsylvania · Mar 7, 2017

Wilson no longer could see clearly, but Appellant, who had pushed him flat onto the street and knelt on him, kept punching and kicking Mr. Wilson while someone “kept spraying” him. Id. at 43. Mr. … Wilson] with mace as the facts established the necessary elements of the charges as stated above.

Commonwealth v. G.Y.

2013 Pa. Super. 4 · Superior Court of Pennsylvania · Jan 9, 2013

Gill orally and in writing, was not “confidential when made,” nor does it “qualify as [a] confidential communication.” See May, supra, at 1341-1342 ; Hancharik, supra, at 1077 . … Clearly, the jury did not credit the defense testimony regarding the sexual abuse allegations. In all, based on our review of the record, we do not find G.Y.’s claim of ineffectiveness to be meritorious.

Commonwealth v. Moore

373 Pa. Super. 603 · Superior Court of Pennsylvania · Apr 21, 1988

Her confession given to Detective Stotlemeyer clearly recalls the events of that night, further diluting the validity of her claim. Id. … The Supreme Court concluded that this was error, as the notes did not qualify as past recollection recorded.

Com. v. McBride, J.

Superior Court of Pennsylvania · Jan 25, 2017

Here, the evidence presented at the hearing clearly established that trial counsel, Michael Wallace, was not ineffective as he had a reasonable basis for not calling the above witnesses to … Commonwealth’s Petition for Immunity and the Order for Immunity which counsel received prior to trial.

Kaiser v. Old Republic Insurance

1999 Pa. Super. 271 · Superior Court of Pennsylvania · Nov 12, 1999

Question 13 of the Application for CAT benefits asked whether she had received or was qualified to make a claim under workers’ compensation, to which she responded in the negative. … Garrett, 276 Pa.Super. 18 , 419 A.2d 73, 76-77 (1980). *755 ¶ 15 Here, the CAT Fund was clearly not a volunteer but a primary pay- or of benefits where benefits were not primarily payable under workers’ compensation.

Becker v. Lebanon & Myerstown Street Railway Co.

30 Pa. Super. 546 · Superior Court of Pennsylvania · Apr 23, 1906

As no reason has been suggested, and none occurs to our minds, for qualifying the general propositions involved in these remarks, *555 it is necessary to determine whether the court committed error in declining to submit … The idea very clearly conveyed is, not that there was available to the plaintiff a remedy at law to compel the removal of the railway, but that his injury was easily compensable in money damages, for the recovery of which

Com. v. Jenkins, B.

305 A.3d 50 · Superior Court of Pennsylvania · Oct 19, 2023

ARD was established to promptly resolve “relatively minor cases involving social or behavioral problems which can best be solved by programs and treatments rather than by punishment.” Commonwealth v. … See also Armstrong, 434 A.2d at 1208 (noting that “[o]ur rules give -4- J-A20032-23 district attorneys broad discretion to select which crimes and which individuals qualify for

Commonwealth v. EVANS

190 Pa. Super. 179 · Superior Court of Pennsylvania · Aug 10, 1959

Except in two instances the evidence establishes their guilt on all charges. … established.

Grossman v. Barke

2005 Pa. Super. 45 · Superior Court of Pennsylvania · Feb 3, 2005

Barke’s motion for summary judgment, Plaintiff argued that “the facts clearly predicate liability on ordinary negligence notwithstanding the fact that the negligence occurred in the doctor’s office and on an occasion where … Dudley’s condition. ¶ 22 Accordingly, we further conclude that these medical issues would require expert testimony from a qualified witness to explain to the jury the impact of Mrs.

Commonwealth v. Lasko

2011 Pa. Super. 26 · Superior Court of Pennsylvania · Feb 10, 2011

I’m not sure if he even still qualifies for court-appointed counsel. Some other things I explained the plea offer was possession of small amount of marijuana and paraphernalia. … The record clearly reflects that Appellant did not wish to proceed pro se. Rather, he wanted new counsel appointed who would pursue a suppression motion and try the case.

Com. v. Pratt, K.

2026 Pa. Super. 73 · Superior Court of Pennsylvania · Apr 17, 2026

found merely because an appellate court might have reached a different conclusion, but requires a result of manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support so as to be clearly … Despite arguing that the detective was not qualified to testify to the “may be subject to change” language in the original documents, Appellant’s Br. at 15, the defense could have but failed to call a T-Mobile representative

Adoption of: A.M.W., Appeal of: M.J.G.

289 A.3d 109 · Superior Court of Pennsylvania · Jan 19, 2023

It would not be in the child’s best interest to limit the number of qualified third parties seeking to become the child’s new parent(s). … Thus, the Court concluded that if the would-be intervenor can establish an in loco parentis status, then the individual has also established the “recognized legal interest” for purposes of Rule 2327. Id. at 144.

Hall, A. v. Bartron, J., III

2024 Pa. Super. 172 · Superior Court of Pennsylvania · Aug 8, 2024

Moreover, she argues her monthly net income should have been lower than what the court established. … Whatever the reason for the trial court’s remark, the court clearly did not factor into its analysis the potential rental income from either party. Mother’s seventh issue warrants no relief. C.

Hartman v. Baker

2000 Pa. Super. 140 · Superior Court of Pennsylvania · May 3, 2000

The WPCL “does not create an employee’s substantive right to compensation; rather, it only establishes an employee’s right to enforce payment of wages and compensation to which an employee is otherwise entitled by the terms … Due to the absence of a defined accounting system, appellant believed that no value could be placed on appellee’s equity interest and that, accordingly, this interest did not qualify as “wages” under the WPCL. 4.