Case law

Com. v. Engram, J.

Superior Court of Pennsylvania · Apr 28, 2015

Nevertheless, the evidence is clearly sufficient. … The evidence was clearly sufficient to sustain the first degree murder conviction.

Commonwealth v. Sanchez

416 Pa. Super. 160 · Superior Court of Pennsylvania · Jun 3, 1992

Since they may have decided on this clearly improper basis, a new trial without the suicide evidence is required. Id. 359 Pa.Super. at 616 , 519 A.2d at 956 (citations omitted). … Here, however, appellant’s statements regarding suicide were clearly admissible. They were admissible as admissions. In Commonwealth v.

Com. v. Wunderlich, J.

2025 Pa. Super. 38 · Superior Court of Pennsylvania · Feb 19, 2025

that the computer used in this case qualified as a “communication facility” under 18 Pa.C.S.A. § 7512. … While both crimes clearly target offenders whose conduct tends to endanger or harm the morality of minors, each offense includes an element the other does not.

Com. v. Kiadee, H.

Superior Court of Pennsylvania · Mar 4, 2021

Detective Pitts’s testimony was sufficient to establish that police had a reasonable basis for suspecting Kiadee had murdered Siryone. … Consequently, the police report does not qualify under the business record exception.

Keffer v. Bob Nolan's Auto Service, Inc.

2012 Pa. Super. 255 · Superior Court of Pennsylvania · Nov 26, 2012

Section 15.1 indicates that the following chapter establishes the types of vehicles considered authorized vehicles under 75 Pa.C.S. §§ 102, 4572(b) and 6107, and establishes special operating privileges for authorized vehicles … [W]e may only reverse upon a showing that the trial court clearly abused its discretion or committed an error of law.

Com. v. Lee, S.

Superior Court of Pennsylvania · Nov 23, 2015

It was done by a waiver on your part, clearly. … To establish whether a motion to dismiss on double jeopardy grounds qualifies as a collateral order, trial courts must now, inter -7- J.S59033/15 alia, satisfy

Commonwealth v. Webbs Super Gro Products, Inc.

2010 Pa. Super. 139 · Superior Court of Pennsylvania · Aug 3, 2010

Moreover, title 67 of the Pennsylvania Administrative Code states that its purpose is to establish “guidelines for determining whether a vehicle is an implement of husbandry; that is whether it is one that is used exclusively … Id. at 35-36. 75 Pa.C.S.A. § 102 provides that to qualify as an instrument of husbandry all of the criteria must be met which includes the requirement the object must be infrequently moved on highways; yet, Appellant acknowledges

Air Products & Chemicals, Inc. v. Johnson

296 Pa. Super. 405 · Superior Court of Pennsylvania · Feb 19, 1982

Sometime later, the recruiter came upon Johnson, established contact with him, and found him receptive to its proposals. … We are satisfied that the confidential information possessed by Johnson were clearly trade secrets.

Oster, R. v. Serfass Const. Company, Inc.

Superior Court of Pennsylvania · Aug 17, 2022

Nevertheless, even if Tower can establish it did not request or receive the Report, it is still liable to Appellants if a jury determines the dangerous condition was “discoverable to” Tower, and that Tower was in a better … -5- J-A03017-22 Viewing the record in the light most favorable to Appellants — the nonmoving parties — I conclude that the record does not clearly demonstrate Tower

Com. v. Santiago-Burgos, J.

314 A.3d 535 · Superior Court of Pennsylvania · Apr 15, 2024

In any event, Appellant included in his reproduced record a full-size colored copy of the Commonwealth’s exhibit, which clearly shows the tattoo at issue. … The Commonwealth also established the police discovered several items, which are commonly used in the drug distribution business, in the Residence.

Gross, N. v. Mintz, J.

284 A.3d 479 · Superior Court of Pennsylvania · Oct 13, 2022

In reviewing First Amendment challenges, we must consider both the nature of the at-issue speech restriction, as well as its scope, as follows: It is well-established that content-based restrictions on … “Just as false statements are not immunized by the First Amendment right to freedom of speech, baseless litigation is not immunized by the First Amendment right to petition.”

Com. v. Valencia-Johnson, A.

Superior Court of Pennsylvania · Sep 12, 2025

Rather, the appellant must establish, by reference to the record, that the sentencing court ignored or misapplied the law, exercised its -5- J-S15044-25 judgment … Clearly, the sentencing court explained its reasoning for Appellant’s sentence. See Commonwealth v. Mouzon, 812 A.2d 617, 620-621 (Pa.

Burns v. Kabboul

407 Pa. Super. 289 · Superior Court of Pennsylvania · Jul 25, 1991

Accordingly, the evidence presented by the appellees was more than sufficient to establish the existence of a confidential relationship between Lafferty and Kabboul. *310 The appellees’ evidence successfully established all … If those chosen are unable for any reason to carry out the testator’s wishes the court has jurisdiction to appoint a qualified person to effectuate the wishes of the testator.

In Re MB

869 A.2d 542 · Superior Court of Pennsylvania · Feb 22, 2005

On August 20, 2003, after a dispositional hearing, the lower court ordered the continued placement of M.B. in foster care, established the goal of reunification with appellant, and adopted the OCY's plan for reunification … The lower court noted, however, that appellant's actions and inactions clearly demonstrated an inability to make progress sufficient to indicate that M.B. would be safe in her care at any time in the future.

Brandt v. Eagle

412 Pa. Super. 171 · Superior Court of Pennsylvania · Feb 18, 1992

By way of footnote 2, at Slip opinion page 5, the Majority states: “[0]ur review convinces us that appellant’s argument is clearly meritless.” … I have searched the certified record and have been unable to establish who the witnesses will be to testify against Dr. Eagle in the second trial.

Doctor's Choice Physical Medicine & Rehabilitation Center, P.C. v. Travelers Personal Insurance

2014 Pa. Super. 92 · Superior Court of Pennsylvania · May 2, 2014

Section 69.53(e) clearly states that a PRO shall establish written criteria to be used in conducting its reviews based upon typical patterns of practice in the PRO’S geographic area of operation. Dr. … The insurer argued that, for the purposes of the MVFRL, an IME qualifies as a peer review. Id. at 675-676 .

Lininger v. KROMER

238 Pa. Super. 259 · Superior Court of Pennsylvania · Feb 2, 1976

Two hours is simply too long a period of time to qualify as part of the res gestae without some indication that the statement was not the result of premeditation. … The lower court clearly stated its reasons for ordering a new trial because of excessiveness: it believed that the jury failed to comply with the court’s charge on reducing future earnings to their present worth.

Com. v. Bowers, B.

Superior Court of Pennsylvania · May 3, 2023

The Commonwealth did not introduce the evidence to prove Appellant’s criminal propensity as prohibited by Pa.R.E. 404(b), but to establish Appellant communicated about and supplied the deceased with … The text message revealed an established association, a motive for Appellant to obtain an additional supply of fentanyl to deliver to the decedent, and a plan to meet for an exchange.

American Express v. Logothetis, N.

Superior Court of Pennsylvania · Nov 3, 2023

established an implied contractual relationship with [AMEX]. … The court reasoned: In this case, the records custodian clearly established the procedures of [AMEX] and how the process of these statements are made. [Ms.

Krebs v. United Refining Co. of Pennsylvania

2006 Pa. Super. 31 · Superior Court of Pennsylvania · Feb 16, 2006

An abuse of discretion generally will not be found unless there is “a showing of manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support as to be clearly erroneous.” … Although a qualified offer was required to remain open for 90 days prior to the 2002 amendment, there was no requirement of an express "written” clause pertaining to how long the offer had to remain open.