Case law

Com. v. Lewis, K.

Superior Court of Pennsylvania · Apr 25, 2019

Samber has extensive training and experience and was qualified as an expert in the field of drug analysis and identification. … Clearly, more investigation could have, and should have, been performed in this case.

Application of MS Hershey Med. Ctr.

407 Pa. Super. 565 · Superior Court of Pennsylvania · Jul 30, 1991

. §§ 7601-7612 (Purdon Supp.1991), was promulgated to promote voluntary blood testing to limit the spread of the Acquired Immune Deficiency Syndrome (AIDS). 35 P.S. *573 § 7602. … The issue of under what circumstances the identities of those testing positively for AIDS should be disclosed should be left to those who establish public policy on matters affecting the health of this nation.

Abdelaziz, M. v. B. Braun Medical Inc.

Superior Court of Pennsylvania · Aug 3, 2021

American Honda Motor Corp., 231 A.2d 140 (Pa. 1967) (holding that a corporation that derived one to two percent of sales, which ranged from approximately $3.7 million to $4.1 million dollars, from a certain county qualified … Accordingly, the quantity of Braun’s contacts with Philadelphia County is insufficient to establish venue.

Estate of Jennie P. Grados, Appeal of: Grados, S.

Superior Court of Pennsylvania · Aug 6, 2024

This did not result in any substantial benefit or gift to [Kathy] and [Jennifer] for the purposes of establishing undue influence. TCO at 10-13 (cleaned up). … Finally, regarding Appellant’s concerns regarding the disposition of various items of personal property, the orphans court determined that [t]he uncontroverted evidence presented at the hearing clearly showed

Com. v. Groff, R.

Superior Court of Pennsylvania · Jan 13, 2020

In addition, we note that the facts and circumstances established by the Commonwealth need not preclude every possibility of innocence. … The “nudity” qualifier does not create a subjective standard requiring people to guess at its meaning.

Com. v. Simmons, V.

Superior Court of Pennsylvania · Jul 22, 2019

Here, the trial court addressed Appellant's claim as follows: The instant record reflects Appellant understood the negotiated guilty plea that he voluntarily tendered, as he was given a qualifying examination … guilt for the crimes; and (2) he committed each of the acts necessary to establish guilt for the crimes.

Comprehensive Women's Health Services v. Grube, T.

Superior Court of Pennsylvania · Dec 17, 2014

“For a preliminary injunction to issue, every one of the [ ] prerequisites must be established; if the petitioner fails to establish any one of them, there is no need to … The Corporation’s interpretation requires the clause “sole remedy” to be qualified according to unspecified classes of employees in a manner at odds with the plain meaning of the language employed.

Painter, W. v. Leakway, T.

Superior Court of Pennsylvania · Oct 8, 2021

The testimony at the hearing established that Father and Child moved to Virginia in 2017. N.T., 1/21/21, at 4, 5. … Mother acknowledges that Pennsylvania does not qualify as Child’s “home state” within the 6 months preceding this action. Id. at 25-26.

In the Interest of: N.M., A Minor

186 A.3d 998 · Superior Court of Pennsylvania · May 4, 2018

reunify the family need not be made or continue to be made, whether the county agency has filed or sought to join a petition to terminate parental rights and to identify, recruit, process and approve a qualified … We are not convinced that the record clearly and convincingly supports these findings. See In re Matsock, 611 A.2d 737 (Pa.

Com. v. Lucas, W.

Superior Court of Pennsylvania · Feb 7, 2017

Was her identification positive, or was it qualified by any hedging or inconsistencies? … Finally, Appellant’s claims that his sentence was “clearly unreasonable” and “manifestly excessive” lack merit.

Rongione, L. v. Abington Memorial Hospital

Superior Court of Pennsylvania · Dec 6, 2024

Whether the trial court erred and/or abused its discretion in precluding a defense expert from testifying about a critical medical issue where the expert was qualified by training and experience … Michaelson’s status as an agent or employee of [Hospital] was clearly established,” and thus permitted - 26 - J-A24043-24 the testimony by Husband and Uncle.

Mudra, M., Sr. v. Schlumberger Technology

Superior Court of Pennsylvania · Jul 26, 2023

When determining whether a witness is qualified as an expert the court is to examine whether the witness has any reasonable pretension to specialized knowledge on the subject under investigation … i); or (2) establishing that the plaintiff was responsible for specified periods of delay.”

In Re: A.Y.L.R., F.R.L.R., J.L.R., H.R., A.L.R.

Superior Court of Pennsylvania · May 24, 2016

Father concludes that “the Agency caseworker[s’] testimony did not support the [orphans’] court’s conclusions to terminate his parental rights when [the] record clearly and convincingly indicates the caseworkers made no … As discussed above, this Court has consistently held that social workers may meet the definition of “expert” as set forth in Pennsylvania Rule of Evidence 702 and are qualified to offer expert opinions about the bond between

Com. v. Reed, J.

Superior Court of Pennsylvania · Dec 5, 2024

Accordingly, Appellant’s PTSD/TBI diagnosis, and the VA rating decision detailing the diagnosis, did not qualify - 16 - J-S41014-24 as a “new fact” for purposes of satisfying the … By employing the past tense in writing this provision, the legislature clearly intended that the right was already recognized at the time the petition was filed.

Com. v. Busbey, J.

Superior Court of Pennsylvania · Feb 21, 2020

The facts and circumstances established by the Commonwealth need not preclude every possibility of innocence. … The trial court’s statement that malice can be inferred from the failure to provide medical care is well-established in our case law.

Com. v. Schofield, W.

Superior Court of Pennsylvania · Feb 9, 2024

Once it is established that the scientific evidence in question is novel, the burden then shifts to the party offering the evidence. … For these reasons, Schofield failed to satisfy Frye’s threshold step of establishing the expert’s testimony involved novel science.

Com. v. Rose, A.

Superior Court of Pennsylvania · Mar 15, 2018

Thus, the dispute centers upon whether Appellant established the newly-discovered fact exception in his petition. … To qualify for an exception to the PCRA’s time limitations under subsection 9545(b)(1)(ii), a petitioner need only establish that the facts upon which the claim is based were unknown to him and could not

J.K. v. The Hill School

Superior Court of Pennsylvania · Apr 20, 2017

The structure of Level 3 Offenses section of the Student Handbook clearly provides the headmaster the authority to expel in any substance use case. … As his testimony establishes, it was Mr.

Com. v. Burton, S.

Superior Court of Pennsylvania · Jun 21, 2023

However, at the sentencing hearing, the Commonwealth moved to nol pros that charge, as Appellant in fact “didn’t qualify . . . for” it. See N.T. … No. 5, was the witness’ identification positive or was it qualified by any inconsistency?

Com. v. Gonzalez, E.

Superior Court of Pennsylvania · Aug 11, 2023

voluntariness of the plea is established.... … However, Gonzalez has failed to establish how this had any impact on his guilty plea.