Case law

Kessock, J. v. Conestoga Title Insurance

194 A.3d 1046 · Superior Court of Pennsylvania · Aug 9, 2018

Therefore, the fourth factor clearly makes no sense in the context of a defendant requesting attorney’s fees under a contractual provision. … every kind, whether or not conducted for profit; (C) making the record was a regular practice of that activity; (D) all these conditions are shown by the testimony of the custodian or another qualified

Commonwealth v. Martz

2007 Pa. Super. 165 · Superior Court of Pennsylvania · Jun 6, 2007

Moreover, predatory is defined as “[a]n act directed at a stranger or at a person with whom a relationship has been established or promoted for the primary purpose of victimization.” … Sexually Violent Predator Hearing, 2/14/06, at 24-25. ¶20 Based on the foregoing, the evidence is clearly and convincingly sufficient to support the trial court’s determination that Appellant is an SVP.

Com. v. Welsh, D.

Superior Court of Pennsylvania · Nov 21, 2019

In reviewing an order denying a PCRA petition, this Court’s standard of review is limited to “whether the [PCRA] court’s legal conclusions are correct and whether its factual findings are clearly erroneous.” … In the instant case, the sentencing court applied mandatory minimum sentences under subsection 9718.2(a)(2), based upon Welsh’s prior convictions of qualifying offenses under that statute.

Bingham Court Homeowners v. Ward, T.

Superior Court of Pennsylvania · Nov 12, 2025

of possession,” id. at 25, all of which are necessary.2 Initially, we note this Court has qualified the exclusivity element for establishing adverse possession as follows: The possession adequate to establish … “[W]here such a line has been clearly established and the parties on each side take possession or surrender possession already held up to that line, it becomes binding, under the application of the doctrine

Com. v. Johns, M.

Superior Court of Pennsylvania · Aug 28, 2015

Evidence will be deemed sufficient to support the verdict when it establishes each material element of the crime charged and the commission thereof by the accused, beyond a reasonable doubt. … We must acknowledge that Appellant did not clearly and unambiguously set forth a separate and distinct claim challenging the sufficiency of the evidence supporting his conspiracy conviction

Com. v. Ynirio, A.

Superior Court of Pennsylvania · Dec 22, 2021

Rather, the role of the trial judge is to determine that notwithstanding all the facts, certain facts are so clearly of greater weight that to ignore them or to give them equal weight with all the facts … We have held however, that “documents, reports, etc., prepared in anticipation of litigation (which includes prosecution of a criminal offense) do not qualify for the business records exception.” Commonwealth v.

Pennymac Holdings v. Smith, C. Appeal of: Banks

Superior Court of Pennsylvania · Mar 24, 2016

Whether this case is precluded by issue preclusion, claim preclusion, res judicata, collateral estoppel and/or [the] doctrine of sovereign immunity because the case was already remanded by the [Pennsylvania … Because all of Banks Motions are clearly frivolous, we deny them. Additionally, Banks’s handwritten Reply Brief, filed on March 17, 2016, is untimely, and we decline to consider it. See Pa.R.A.P. 2185(a).

In re T.R.

445 Pa. Super. 553 · Superior Court of Pennsylvania · Oct 5, 1995

direct that social studies and reports be made of the child, his family, environment, and all matters relevant to disposition of the case. 5 To interpret the aforementioned statutory provisions, we are guided by the well-established … In particular, two of the clearly expressed purposes of the act — to provide for the care, protection, and wholesome mental and physical development of children and to preserve the family unit where possible— must be considered

Anchel v. Shea

2000 Pa. Super. 289 · Superior Court of Pennsylvania · Oct 4, 2000

Harper, 449 Pa.Super. 578 , 674 A.2d 1085, 1091 (1996)) (stating that impending loss of business opportunity or disruption of established business relations that would result in incalculable damage may qualify as “irreparable … Imposing a supermajority voting requirement on all board actions was clearly erroneous. Prohibiting the board from considering An-chel’s removal was likewise erroneous.

In the Interest of: D.A.H., a Minor

Superior Court of Pennsylvania · Mar 2, 2016

Father is incarcerated due to his own actions, and the record established that Father would not be able to establish a bond with the Child in the foreseeable future due to his confinement for life. … These statutory mandates clearly place the trial court’s focus on the best interests of the child.

Com. v. Velasquez, W.

Superior Court of Pennsylvania · Jul 9, 2021

Instantly, the record shows that the following exchange occurred after the Commonwealth qualified Dr. Valliere as an expert. [Commonwealth]. … Valliere clearly stated she was not testifying about whether or not to believe a witness, and acknowledged that this was the jury’s role.

Com. v. Brown, L.

Superior Court of Pennsylvania · Feb 4, 2026

So, as evidenced in the record, this issue clearly is not “newly discovered.” … The Cruz Court recognized the PCRA does not include an exception for mental incapacity, but held that, “in some circumstances, claims that were defaulted due to the PCRA petitioner’s mental incompetence may qualify under

Com. v. Brockenbrough, C.

Superior Court of Pennsylvania · Jul 8, 2022

We deny Brockenbrough’s application because the PCRA court clearly lacked jurisdiction. … His petition therefore does not qualify for the newly discovered fact exception, and is untimely.

Com. v. Watts, B.

Superior Court of Pennsylvania · Dec 9, 2024

Ian Saginor, a member of the FBI, was qualified as an expert in geology. Id. at 153, 160. … Hood was qualified as an expert and was permitted pursuant to Pa.R.E. 702 to “testify in the form of an opinion...”

Schmidt, L. v. Schmidt, J.

Superior Court of Pennsylvania · Feb 13, 2024

(8) The standard of living of the parties established during the marriage. … Clearly, with the amount of money already paid to the parties, the minerals and oil and gas have substantial value.

Com. v. Davis, J.

Superior Court of Pennsylvania · Oct 6, 2021

According to Detective Leeds, Lyons “very clearly told us he left [the park] prior to the shooting.” Id. at 64. … He was qualified as an expert in the field of forensic testing for gunshot and gunpowder residue. T3 404. Mr.

Com. v. Foreman, C.

Superior Court of Pennsylvania · Jun 20, 2025

Appellant contends that it was for the jury to decide whether the cumulative impact of such events qualified as “serious provocation” under the law. … Finally, Appellant does not dispute that the evidence established that Appellant shot Mr. Kelley in the back as he was running away. Appellant does not explain why he could not have simply left the scene when Mr.

Bright, R. v. Bright, W.

Superior Court of Pennsylvania · Nov 22, 2023

A Qualified Domestic Relations Order (QDRO), as mandated by the Final Order, was subsequently entered on December 5, 2013; however, Husband was not able to distribute to Wife the required amounts from his thrift savings … Id. at 391. ____________________________________________ 4 We nonetheless bear in mind the well-established principle that “an appellate court may affirm a valid judgment based on any reason appearing as of record,

Knapp, R. v. Adams, D.

Superior Court of Pennsylvania · Oct 2, 2015

In his motion Chief Adams argued he was entitled to summary judgment on the bases: (1) he prefaced the statement by the words “in my eyes” signaling it was “an expression of his opinion”, (2) he is entitled to immunity … Chief Adams’ statement was clearly based on the numerous reports and charges against Dr. Knapp, all of which were disclosed.

Com. v. Dempsis, A.

Superior Court of Pennsylvania · Apr 27, 2016

“The totality of the circumstances test does not limit our inquiry to an examination of only those facts that clearly indicate criminal conduct.” ____________________________________________ 2 See, e.g., Commonwealth … If there were not, no one would ever qualify as reliable.