Case law

Com. v. Bradstreet, S.

Superior Court of Pennsylvania · Feb 21, 2025

Therein, the evidence showed that the victim had “willingly engaged [Hodges] in a verbal disagreement[, but it did] not demonstrate she consented to the ensuing physical melee clearly and solely prompted by [his] unilateral … In addition to our hesitance to find any issue waived for failure to include it in a Rule 1925(b) statement when the trial court’s order triggering that responsibility was non-compliant, illegal sentencing claims are immune

Com. v. Ani, N.

293 A.3d 704 · Superior Court of Pennsylvania · Apr 17, 2023

Warrant #5 did not seek authorization to go back to 2011; rather, it “clearly defined the temporal scope of the warrant, identifying with specificity various criminal offenses committed from September of 2017 through 2019 … Green, 265 A.3d at 554 n.6 (“[T]he affidavit also explained how easily these files can be hidden, modified, or destroyed, such that the device needs to be searched in its entirety by a qualified computer expert in a laboratory

Com. v. Parris, C.

Superior Court of Pennsylvania · Dec 2, 2022

Furthermore, a defendant who is a mandated reporter, like Parris, has immunity from criminal liability for making a report of suspected child abuse if she is “acting in good faith,” and good faith is presumed for mandated … It argues that the trial court’s standard is “overly technical” based on the elements of the offense: [Parris] clearly intended to report Freeman to child protective services by making a report of child abuse

Martin v. Soblotney

296 Pa. Super. 145 · Superior Court of Pennsylvania · Sep 14, 1982

Clearly the objection was not to any reference to plastic surgery by Appellee’s counsel, since his question contained no such reference. … (McKinney) provides for a qualified right to plead loss recoverable under the act.

Bergenstock, B. v. Rausch, R.

Superior Court of Pennsylvania · Dec 29, 2015

In determining the intent of parties to a written agreement, the court looks to what they have clearly expressed, for the law does not assume that the language of the contract was chosen carelessly … The structure(s) on the premises is/are sold “AS IS,” without warranty, except as otherwise qualified on the attached “Seller’s Disclosure Statement.”

Commonwealth v. Johnson

2007 Pa. Super. 69 · Superior Court of Pennsylvania · Mar 12, 2007

This Court further stressed the well-established principle in this Commonwealth "that the identity of illegal narcotic substances may be established by circumstantial evidence alone, without any chemical analysis of the seized … What is at issue here is under the specific circumstances of this case, what qualifies as proper extrapolation.

Ansell, T. v. Charah Solutions

2024 Pa. Super. 275 · Superior Court of Pennsylvania · Nov 19, 2024

Did the trial court err on the record by holding that the [Plaintiffs] established irreparable harm? 7. … Cause an exceedance of the ambient air quality standards established by §2101.10 of this Article; or 3.

Com. v. Salter, T.

Superior Court of Pennsylvania · Nov 12, 2025

This deviation from the mandates of Pa.R.Crim.P. 720(B)(3)(c) qualifies as a court breakdown. See, e.g., Commonwealth v. … . § 4581(a)(2), clearly divides each subsection of the statute by age.

Com. v. Yannuzzi, J.

Superior Court of Pennsylvania · Dec 10, 2021

Mapes that [Appellant] meets the criteria for predatory behavior in the respect that it would qualify him to be a [SVP.] … While [Appellant] clearly engaged in ____________________________________________ 10 Dr.

U.S. Bank National Assoc. v. Cannon, M.

Superior Court of Pennsylvania · Feb 3, 2017

The record clearly establishes that Ms. Sandstrom was qualified to authenticate the business records offered by [Appellee]. … Sandstrom was clearly qualified to authenticate the business records produced by Appellee and that her testimony falls within the exception to hearsay.

Northern Pennsylvania Power Co. v. Pennsylvania Public Utility Commission

132 Pa. Super. 178 · Superior Court of Pennsylvania · Jul 15, 1938

Section 203 qualifies the power and authority previously existing in the State commissions to approve such consolidations, sales of franchises, property, etc. and the acquisition of securities of other public utilities, by … [see. 201, 16 U.S.C.A. sec. 824 ] excludes such conclusions, and it is clearly the purpose of the entire act to regulate only those matters which pertain to the interstate exchange of wholesale power.

Est. of G.D. v. The Children's Hospital of Phila.

Superior Court of Pennsylvania · Nov 21, 2025

It is well settled that “[t]he party asserting a privilege bears the burden -9- J-S21023-25 of producing facts establishing proper invocation of the privilege.” Id. … In so stating, this Court clarified and reaffirmed our decisional law “that holds when a request has been made that on its face seeks protected materials, and the responding party clearly sets forth facts that leave no

Com. v. Coles, L.

2025 Pa. Super. 258 · Superior Court of Pennsylvania · Nov 14, 2025

To establish grounds for reasonable suspicion the officer must articulate specific observations which, in conjunction with reasonable inferences derived from these observations, led him reasonably to conclude … Also, the totality of the circumstances test does not limit our inquiry to an examination of only those facts that clearly indicate criminal conduct.

Riley v. Warren Manufacturing, Inc.

455 Pa. Super. 384 · Superior Court of Pennsylvania · Jan 21, 1997

The evidence established that a person could not be injured without placing a hand into the discharge tube, and that there was no reason to place a hand into the discharge tube while the machine was engaged. … Restatement (Second) of Torts, § 402A (1965) (emphasis added) In the present case Coby was clearly, in the words of the Court in Klemka , a “reasonably obvious unintended user.”

In Re: C.B. and J.B., Appeal of: C.B. and J.B.

Superior Court of Pennsylvania · Mar 21, 2025

Did the trial court abuse its discretion by denying the Petition, and finding that the name change was not in A.B.’s best interests, where the evidence in the record clearly established that the name … Neither of these reports were made by a qualified medical physician. ______________________________________ Trial Court Opinion, 12/13/23, at 3-4.

Commonwealth v. Fransen

2012 Pa. Super. 57 · Superior Court of Pennsylvania · Mar 2, 2012

Accordingly, the pre-trial record and trial transcript clearly establishes that there was no violation of Bruton . Trial Court Rule 1925(a) Opinion, 5/24/10 at 3; Supplemental Certified Record. … Le-vanduski and it certainly does not establish Appellant’s motive to kill Mr. Sandt.

Mack, J. v. Avertest, LLC

Superior Court of Pennsylvania · Mar 22, 2024

Mack’s threshold burden to establish that Averhealth engaged in an act or failed to engage in act for which it owed Ms. Mack a duty. … The federal court dismissed the claims against the probation officer based on qualified immunity and declined to exercise supplemental jurisdiction over the state law claims. Id. at 11. In May 2021, Ms.

Commonwealth v. Hughes

2009 Pa. Super. 240 · Superior Court of Pennsylvania · Dec 14, 2009

Money orders qualify as negotiable instruments pursuant to the Commercial Code. … It may also be used to purchase goods at a commercial establishment.

Com. v. Walker, R.

Superior Court of Pennsylvania · May 1, 2024

It is well-established that “[a] trial court’s rulings on evidentiary questions are controlled by the discretion of the trial court and will not be reversed absent a clear abuse of that discretion.” Commonwealth v. … There is no clearly defined limit as to the time sequence required for a statement to qualify as an excited utterance; instead, a fact-specific inquiry is made for each case to determine whether the utterance

Com. v. Irvine, J.

Superior Court of Pennsylvania · May 20, 2026

He indicated he did not argue the statements did not - 12 - J-S03027-26 qualify as testimonial. Id. at 21. … The record reflects that at trial, Nurse McDowell was qualified as a SANE expert. N.T., 10/26/2021, at 60.