Case law

Com. v. Harshman, R.

Superior Court of Pennsylvania · Feb 25, 2015

We again found that Kohr was entitled to blanket immunity from defense counsel’s questioning. … [and] none of the proffered evidence qualified for the statement against interest exception.” (Harshman, 1644 MDA 2010, at 8) (internal quotation marks omitted).

Com. v. Leisure, J., II

Superior Court of Pennsylvania · Mar 11, 2026

____________________________________________ 1 While Leisure stated that this was an “amended petition” the record clearly establishes that his prior appeal had been dismissed, and therefore there was no pending petition … This generalized claim does not overcome the fact that Leisure’s third PCRA petition is clearly untimely.

Com. v. Bishop, H.

Superior Court of Pennsylvania · Jun 25, 2015

When asked about whether Hastings would have testified if he had not been given immunity, Hastings initially responded in the negative: "QUESTION: So you would have testified even if you weren't given immunity; … The jury was free to believe all, part or none of the evidence, and it clearly found the evidence to be credible and reliable.

Com. v. Lebron, B.

Superior Court of Pennsylvania · Jun 27, 2018

If so, like a firearm, the weapon qualifies as a deadly weapon per se without analyzing its actual or intended use. … We think that a stick with nails protruding from it is clearly capable of producing death or serious bodily injury. Moreover, the stick appears to have been designed as a weapon.

J.M. v. K.W.

164 A.3d 1260 · Superior Court of Pennsylvania · May 31, 2017

Nevertheless, we found that the evidence adduced during the relocation hearing established that the proposed move constituted a relocation. … There still has not been a formal determination of the children’s best interest that would qualify as a “final” order. 4 Hence, the interim order was temporary in name only.

White, A. v. Urban, M.

Superior Court of Pennsylvania · Nov 22, 2022

Clearly, Michael and Anthony are not now, nor have they ever been, spouses, persons living as spouses, parents, or children. … The record clearly reflects that Michael and Traci were spouses, and that Anthony and Traci qualify as current sexual or intimate partners.

Bonavitacola v. Cluver

422 Pa. Super. 556 · Superior Court of Pennsylvania · Feb 16, 1993

This provided decedent little or no *573 time to consciously manipulate the truth, qualifying the statement as a present sense impression. United States v. Peacock, 654 F.2d 339 (5th Cir.1981); United States v. … The majority gratuitously reviews this clearly interlocutory appeal from post-verdict motions and establishes a precedent which, if followed, could wreak havoc with established canons of jurisdiction *576 in our appellate

Department of Labor & Industry, Bureau of Employment Security v. Unemployment Compensation Board of Review

203 Pa. Super. 183 · Superior Court of Pennsylvania · Apr 14, 1964

It should be the burden of the claimant to establish before the compensation authorities the necessary items to establish his net income. … Clearly the board has no power to ignore Regulation 120 and use its own method of determining net earnings in this case.

Com. v. Booker, D.

Superior Court of Pennsylvania · Jun 4, 2025

Booker was shot during the same encounter, so he was clearly present at the scene and an eyewitness to the shooting. Booker knew, at the time of the shooting, whether he was or was not a participant in the shooting. … As such, this affidavit from Booker’s cousin was a new source of previously known facts and does not qualify as a newly discovered fact for the timeliness exception found at 42 Pa.C.S.A. § 9545(b)(1)(ii).

Com. v. Cirillo, V.

Superior Court of Pennsylvania · Jun 16, 2023

Further: Establishing the corpus delicti in Pennsylvania is a two-step process. … This Court previously observed: “A.U. is clearly unconscious in the photographs.” Cirillo, (unpublished memorandum at 27).

Hassounah, J. v. De Silva, L.

Superior Court of Pennsylvania · Feb 19, 2019

Contrary to Wife’s assertion, the master clearly set forth his intent in the master’s report as follows: There are a series of qualified assets which are marital in nature. … (8) The standard of living of the parties established during the marriage.

Com. v. Lower, D.

Superior Court of Pennsylvania · Sep 30, 2024

Officer McAlester indicted that, after Appellant’s arrest, he determined that the vehicle qualified as a motorcycle because it had a 79 CC engine. See N.T. … Super. 1993) (holding that a bicycle “clearly f[e]ll[] within the confines of [the] definition” set forth in Section 102 of the Motor Vehicle Code).

Assoc. of Chapman Lake v. Long, E. & A.

2021 Pa. Super. 77 · Superior Court of Pennsylvania · Apr 22, 2021

- 14 - J-A29017-20 Next, the Associates claim the language of the Lee documents “clearly qualifies and limits the use of water.” Associates Brief at 11. … This was a specific, clearly limited grant of water rights. Miller could do two things under his deed – boat and fish.

Com. v. Saxon, J.

Superior Court of Pennsylvania · Dec 4, 2020

Our Supreme Court recently reiterated how these concepts differ: To qualify for an exception to the PCRA’s time limitations under subsection 9545(b)(1)(ii), a petitioner need only establish that the … Therefore, Saxon’s petition fails to qualify for the newly- discovered facts exception. See 42 Pa.C.S.A. § 9545(b)(1)(ii).

Com. v. Small, R.

Superior Court of Pennsylvania · May 7, 2025

Clearly, I think the defense raised some good issues. Clearly, I don’t think it’s definitely an insignificant issue that they raised. … Clearly, there’s a mistake in the paperwork.

Com. v. Hooper, W.

Superior Court of Pennsylvania · May 29, 2015

In addition, we note that the facts and circumstances established by the Commonwealth need not preclude every possibility of innocence. … Appellant has clearly forfeited his right to counsel under - 11 - J-A08031-15 Accordingly, we find no error in the trial court’s determination that he had forfeited his right to counsel

Milby, L. v. Pote, C. v. Southern Christrian

189 A.3d 1065 · Superior Court of Pennsylvania · Jun 7, 2018

Thus, for these reasons, we conclude that the MHCRA clearly applied in this case. This includes the retaliatory eviction provision of section 398.16 of the MHCRA. … Clearly, this section specifically allows a manufactured home park owner to establish rules at any time.

Auman, S. v. Family Planning Plus

Superior Court of Pennsylvania · Feb 22, 2016

Clearly, Count II of the Complaint is based solely on the allegations averred in Count I. … Clearly, Count II of the Complaint is based solely on the allegations averred in Count I.

Com. v. Jordan, K.

Superior Court of Pennsylvania · Sep 22, 2015

This Court also recognized the importance of the Commonwealth’s qualified privilege to maintain the confidentiality of an informant in order to preserve the public’s interest in effective law enforcement … The facts of York clearly are distinguishable from those here, and, for that reason, York is not controlling. In York, rather than obey the order, the prosecutor decided to nolle prosse the charges in their entirety.

Com. v. Bowens, T.

265 A.3d 730 · Superior Court of Pennsylvania · Oct 19, 2021

Detective Fenstermacher was qualified as an expert in the packaging and sales of illegal drugs. See N.T. Trial, 9/13-15/17, at 253-54. … Appellant does not assert that he was not personally served with the warrant by that date, and clearly it was served upon the custodian of the phone, i.e., the Pennsylvania State Police at the York Station, the moment it