Case law

Com. v. Weaver, D.

Superior Court of Pennsylvania · May 7, 2015

Clearly, Weaver’s 1997 petition does not meet the one-year timeliness requirement. … Weaver’s 1997 petition does not qualify as his 1997 petition counts as his second, due to his previous PCHA petition. See id., at 1262 (Pa.

In the Interest of R.P.

2008 Pa. Super. 197 · Superior Court of Pennsylvania · Aug 21, 2008

. ¶ 13 Clearly, as in In the Interest of H.S.W.C. … N.T., 10/31/07, at 8-10. ¶ 22 Similarly, the requirements of subsections (5), (5.1), and (9) were established when the proposed orders were submitted to the court for approval.

Com. v. Newkirk, C.

Superior Court of Pennsylvania · Mar 20, 2020

The evidence clearly established that the Victim called the police during the physical altercation with Appellant. N.T. Trial, 4/16/18, at 5. No one else was present when the police came. Id. at 4-5. … This testimony is clearly sufficient to establish that the Victim’s statements were made close in time to the physical altercation, which constitutes a startling event.

Com. v. Patterson, J.

Superior Court of Pennsylvania · Feb 22, 2016

Thus, for the above-discussed reasons, the 9-1-1 statements are sufficiently corroborated and qualify as hearsay exceptions. b. … Finally, the witness was clearly frazzled by the chaos at the shooting scene.

Velesaris, K. v. Oleg Leontiev, MD.

Superior Court of Pennsylvania · Aug 15, 2023

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 … Butler was certainly qualified to render an expert opinion regarding the detection and progression of [Kelly]’s breast cancer, she was simply not qualified to provide an opinion on the management and treatment

Com. v. Miller, V.

Superior Court of Pennsylvania · Feb 27, 2019

Counsel is presumed effective, and if a petitioner is unsuccessful in establishing any of these prongs, his claim fails. See id. … It does not appear that the jury ignored any particular facts to which it should have given greater weight as the weight of the evidence offered at trial clearly supports the jury’s verdict.

Com. v. Boyer, C.

Superior Court of Pennsylvania · Oct 8, 2025

Valliere qualified as an expert. N.T. Sent’g at 7. … sexually -5- J-S25024-25 violent offense” is an offense specified in Section 9799.14 that is “directed at a stranger or at a person with whom a relationship has been initiated, established

C.M.D. v. H.M.

2026 Pa. Super. 126 · Superior Court of Pennsylvania · Jun 18, 2026

There is, however, no statutory definition of who qualifies as a “parent” for these purposes. See generally 23 Pa.C.S.A. § 5322 (“Definitions”). … Furthermore, the party seeking to establish parentage by intent must have “participated in that process.” Id.

Rice, R. v. Diocese of Altoona-Johnstown

212 A.3d 1055 · Superior Court of Pennsylvania · Jun 11, 2019

App. 2017), the court opined that, if being an altar server and trusting the diocese “were sufficient to establish a fiduciary relationship, most priest or pastor relationships with parishioners would qualify.” Id. … Such allegations, if proven, establish that “the parties [did] not deal on equal terms . . . .” Frowen, 425 A.2d at 416.

Com. v. Beech, D.

Superior Court of Pennsylvania · Mar 8, 2021

He mentioned that the extreme bruising around the victim’s neck and throat area clearly indicated strangulation. … “[T]he facts and circumstances -5- J-A12345-11 established by the Commonwealth need not preclude every possibility of innocence.” Commonwealth v.

Commonwealth v. Simms

228 Pa. Super. 85 · Superior Court of Pennsylvania · Jun 21, 1974

Legal insanity, established under this formula, is grounds for complete acquittal in Pennsylvania. … In support of the plea the defendant produced evidence of his discharge from the Air Force because of mental illness and the testimony of three eminently qualified psychiatrists, each of whom expressed without qualification

Com. v. Freeman, S.

Superior Court of Pennsylvania · Nov 27, 2024

Clearly, trial counsel’s strategy was to show that there were other suspects whose names sounded like [Freeman]’s who were not investigated by the police.” Id. at 13. … We again conclude that Freeman cannot establish prejudice.

Commonwealth v. Peterfield

415 Pa. Super. 313 · Superior Court of Pennsylvania · May 14, 1992

Clearly, for the Jones court, a police officer’s mere command to stop represented an obvious seizure for Terry purposes. … The majority in Hodari saw the issue as whether the police officer’s pursuit qualified as a “seizure.”

Com. v. Marion, J.

Superior Court of Pennsylvania · Feb 7, 2019

Finally, there is no evidence that her identification was weakened or qualified or that she ever failed to identify [Appellant]. … Clearly, the evidence presented at Appellant’s non-jury trial supporting the identification of Appellant was much stronger than what was presented in Crews and Wiley.

Com. v. Holmes, J.

Superior Court of Pennsylvania · Aug 1, 2024

Jackson’s statement clearly was not discovered after trial. In his statement, Jackson asserts he spoke with Holmes shortly after the shooting. … Clearly, this evidence could have been obtained prior to the conclusion of trial by the exercise of reasonable diligence. See Padillas, supra.

Commonwealth v. Rykard

2012 Pa. Super. 199 · Superior Court of Pennsylvania · Sep 18, 2012

Additionally, he has failed to establish his burden of proving ineffective assistance of counsel. … Therefore, the jury was clearly apprised of Ms. Rakita’s motive for testifying and Appellant’s issue is meritless.

Glasgow, A. v. Ducan, I.

Superior Court of Pennsylvania · Sep 25, 2018

Bonfiglio was clearly qualified to testify as to the standard of care and the deviation from that standard, including with respect to nursing functions, while Plaintiff was in the rehabilitation unit from December 4, 2010 … This is clearly inapposite to the instant matter.

Hailey, L. v. Baribault, J.

Superior Court of Pennsylvania · Dec 30, 2020

Summary judgment is appropriate only when the record clearly shows that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. … There is nothing in the Lease evidencing Bancroft’s specific agreement to waive the immunity from joinder afforded employers under the Workers’ Compensation Act and indemnify the Baribaults for Mr.

Hutcheson, W. v. Suissa, N.

Superior Court of Pennsylvania · Jun 13, 2023

Pielli to qualify for assistance programs to cover his medical expenses. Mother’s income was too high for Mr. Pielli to qualify for these programs if they remained married. When she learned that Mr. … efforts at courtroom administration—even a stern and short- - 12 - J-A03034-23 tempered judge’s ordinary efforts at courtroom administration—remain immune

Com. v. Brensinger, R.

218 A.3d 442 · Superior Court of Pennsylvania · Aug 30, 2019

It cannot establish that he had agreed to represent Brensinger at that time. … “As a threshold matter, a statute is presumed to be constitutional and will only be invalidated as unconstitutional if it clearly, palpably, and plainly violates constitutional rights.”