Case law

Com. v. Loughran, J.

Superior Court of Pennsylvania · Oct 24, 2025

Such statements are not expressed with the requisite degree of certainty to qualify as competent expert testimony. … Importantly, opinion testimony is inadmissible to establish a character trait. See Pa.R.E. 405(a); 608(a); see also Commonwealth v. Butler, 621 A.2d 630, 632 (Pa.

Nationstar Mortgage v. Williams, L.

Superior Court of Pennsylvania · Sep 12, 2016

After certain qualifying events have occurred, the reverse mortgage is paid in a single payment. … Moreover, our standard of review is very narrow; we may only reverse upon a showing that the trial court clearly abused its discretion or committed an error of law.

In the Interest of D.P.

2009 Pa. Super. 86 · Superior Court of Pennsylvania · May 6, 2009

“These statutory mandates clearly place the trial court’s focus on the best interests of the child.” In re A.K., supra [ 906 A.2d 596 ] at 599. … In addition, the testimony established that Mother coached the children to say they wanted to go home with her.

Com. v. Schrock, J.

Superior Court of Pennsylvania · Jan 10, 2018

Our review of a trial court’s ruling on a motion in limine is well- established: When ruling on a trial court’s decision to grant or deny a motion in limine, we apply an evidentiary abuse of discretion standard … presented sub judice, we note Pennsylvania Rule of Evidence 701 provides that a lay witness may offer opinion testimony so long as it is: (a) rationally based on the witness’s perception; (b) helpful to clearly

Commonwealth v. Dincel

311 Pa. Super. 470 · Superior Court of Pennsylvania · Jul 13, 1983

This rule, however, must be qualified by the particular facts in certain cases. For example, in Sanabria, supra, the defendant was on trial for two violations of gambling laws. … The judge, sitting as an appellate court, clearly had no authority to enter such a verdict; only the fact finder has such authority.

Estate of: Edward Stahl

Superior Court of Pennsylvania · Feb 5, 2016

Nurse Ridge, who was qualified as an expert in nursing and geriatric mental status assessments, testified that she examined Stahl at his nursing home, after reviewing his medical records. … Section 5502 of the PEF Code sets forth the legislature’s intent to establish a system: which permits incapacitated persons to participate as fully as possible in all decisions which affect them, which assists

Barnes, C. v. Barnes, N.

Superior Court of Pennsylvania · Feb 8, 2022

The record clearly establishes that Wife inherited $275,000.00 from her mother and that she made the following initial investments with her inheritance: (1) Jackson National (account #XXX1707) - $150,000.00; (2) Nationwide … These [p]arties clearly gave much thought into saving for retirement and rightfully so.

Com. v. Shabazz, J.

Superior Court of Pennsylvania · May 19, 2017

following standard governs our review of the admissibility of evidence: Admission of evidence is within the sound discretion of the trial court and will be reversed only upon a showing that the trial court clearly … Shabazz also contends that, while Sergeant Daywalt’s testimony “may have served to establish the element of actual notice, the Commonwealth did not establish the fact of suspension even by a preponderance of the evidence

Com. v. Holmes, N.

Superior Court of Pennsylvania · Feb 18, 2015

The [o]rder clearly directs restitution as a condition of probation. Trial Court Order, 1/21/14, at ¶ 4. … The [o]rder clearly directs restitution as a condition of probation.”).

Com. v. Bernarsky, S.

2025 Pa. Super. 263 · Superior Court of Pennsylvania · Nov 24, 2025

During trial, Attorney Gillotti confirmed that he drafted the Trust, for the purpose of transferring some of Grandparents’ assets out of their names, which would allow them to qualify for Veterans Affairs benefits. … However, the evidence established no communication.

Com. v. Young, C.

Superior Court of Pennsylvania · Mar 16, 2021

Appellant argues he was diagnosed with nephrotic syndrome, a disease that “impairs [A]ppellant’s kidney function, forcing him to attend dialysis treatments three days a week, for a period of four hours[ and weakens] his immune … Due to these facts, we conclude the sentence is not “clearly unreasonable[ ]” and, thus, no relief is due.

Com. v. Rain, S.

Superior Court of Pennsylvania · Mar 12, 2021

regarding the admission of evidence will not be disturbed on appeal “unless that ruling reflects ‘manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support to be clearly … In addition, we note that the facts and circumstances established by the Commonwealth need not preclude every possibility of innocence.

Baxter, A. v. Times Leader

Superior Court of Pennsylvania · Nov 9, 2023

Did [Appellees] establish their burden of proving the privileged character of the occasion on which the article was published? … Words which standing alone may reasonably be understood as defamatory may be so explained or qualified by their context as to make such an interpretation unreasonable.

Com. v. Hugaboom, T.

Superior Court of Pennsylvania · Dec 8, 2017

Rather, [a]ppellant must establish, by reference to the record, that the sentencing court ignored or misapplied the law, exercised its judgment for reasons of partiality, prejudice … The unambiguous language of Section 9804(b)(5) clearly reveals that a criminal defendant “may only be sentenced to [CIP] for a first, second or third offense” under [the DUI statute.]” 42 Pa.C.S.A.

Adoption of S.M., Appeal of: T.B.

Superior Court of Pennsylvania · Sep 24, 2018

In this case the testimony clearly establishes that there is affection and [Mother and Father] care for and interact with their [C]hildren. … In this case the testimony clearly established that there is affection and I find that there is a minimal parental bond between birth parents and [S.M.] and [L.M.], however, I find that a

Schmeltzle, T. v. Frick, M.

Superior Court of Pennsylvania · Oct 7, 2020

However, we will not hesitate to find an abuse of discretion if, after our [] review of the case, we find that the equities clearly favored opening the judgment. … The law does not establish a specific time period within which a petition to open a judgment must be filed to qualify as timeliness.

Com. v. Daye, C.

Superior Court of Pennsylvania · Mar 21, 2024

points to Cole’s history as a drug dealer, his failure to tell the police who shot him until after Dent was shot the next day, and the fact that Cole received favorable treatment on federal charges pending against him and immunity … 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

Com. v. Forde, K.

Superior Court of Pennsylvania · Jan 25, 2017

Thus, at the time he pied guilty, petitioner was pleading to at least one crime (aggravated assault) that clearly qualified as an aggravated felony under immigration law and as such petitioner was deportable, He … The list of twenty-one types of aggravated felonies triggering automatic removal is also clearly set out at 8 U.S.C. l 10l(a)(43)(A-U) and includes "crimes of violence," for which aggravated assault clearly qualified.

Fandray, N. v. Baum, A.

Superior Court of Pennsylvania · Nov 17, 2016

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. … In order to establish legal malpractice, a plaintiff must establish: 1) employment of the attorney or other basis for a duty; 2) the failure of the attorney to exercise ordinary skill and knowledge; and 3) that such negligence

Com. v. Robinson, A.

Superior Court of Pennsylvania · Feb 7, 2025

Appellant argues that it was improper for the trial court to allow Detective Paul to testify as an expert, when he had not been qualified as such. … The Commonwealth also introduced the content of text messages and phone calls which established [Appellant’s] involvement in the drug transactions at issue.