Case law

Com. v. Rigo, R.

Superior Court of Pennsylvania · May 2, 2016

“When a victim actually sustains serious bodily injury, the Commonwealth can, but does not necessarily have to, establish specific intent to cause such harm.” Burton, 2 A.3d at 602. … The court clearly explained this to Appellant, who refused to continue the matter to allow his motion to be heard.

Com. v. Leonhauser, W.

Superior Court of Pennsylvania · Apr 3, 2019

Nor does [Appellant] establish any statutory exception excusing the untimeliness of his petitions. … Consistent with the foregoing, Appellant has failed to qualify for an exception to the PCRA’s time-bar. We therefore affirm the PCRA court’s order.

Com. v. Savage, J.

Superior Court of Pennsylvania · Jul 21, 2022

-6- J-A16016-22 partiality, prejudice, bias, or ill-will, or such lack of support to be clearly erroneous. Commonwealth v. Moser, 999 A.2d 602, 605 (Pa. … The proof should establish the presence of [the above] factors . . .

Maiella, D. v. Joseph, J.

Superior Court of Pennsylvania · Oct 6, 2023

It found the paved driveway “clearly established an obvious, visible boundary between the properties,” and because “the Josephs were put on notice of the Driveway as the boundary of the [20-foot-wide strip] when they purchased … Next, for use to qualify as “continuous” and “uninterrupted,” it does not need to be “constant.” Newell Rod & Gun Club, Inc., 597 A.2d at 670.

In the Interest of: H.B., Appeal of: M.B.

Superior Court of Pennsylvania · Apr 10, 2015

The permanency goal was established as reunification with the parents and a concurrent goal of adoption. (Id). … Parmerter qualified Mother's compliance as "minimally compliant." (id at 11).

Com. v. Wilson, L.

Superior Court of Pennsylvania · Jun 5, 2019

The parties agreed at sentencing that defendant had a prior record score of five, and that PIC had an offense gravity score of three. 2 In 2008, defendant was convicted of gunpoint robbery in Florida, which qualified … Clearly the sentence was commensurate with the defendant's conduct in this case. Accordingly, no relief is due. III.

Com. v. Culbreath, T.

Superior Court of Pennsylvania · Sep 18, 2024

The testimony adduced at trial clearly established that Culbreath digitally penetrated N.R.’s vagina. … The Torsilieri II Court first recognized that the parties agreed that “the clearly expressed legislative purpose, findings, and declaration of policy all establish that [] the General Assembly desired to enact a civil,

Therapy Source, Inc. v. Lidstone, C.

Superior Court of Pennsylvania · Jun 28, 2019

Appellants’ counsel requested that the court schedule another hearing date for Appellants ____________________________________________ 4 The court qualified Mr. … The Supreme Court in Pubusky also explained that “a preliminary injunction should not issue at least until the rights of the plaintiff are clearly established.” Id. at 336.

Com. v. Morrison, R.

Superior Court of Pennsylvania · Feb 26, 2024

While we would not have the benefit of these findings in a jury case, the trial court’s findings and the inferences drawn therefrom clearly establish that the trial court did not abuse its discretion in rejecting Appellant … On the record before us, we do not agree that this disclosure qualified as a prompt complaint.

Buchholz, B. v. Immel, C.

Superior Court of Pennsylvania · Apr 3, 2019

Situations other than moving objects also may qualify to successfully invoke the sudden emergency doctrine. … Buchholz has] established negligence[;]” (2) if the jury found no violation of the statute, Ms.

E.T.S., III v. C.S.

Superior Court of Pennsylvania · Sep 13, 2017

It is well established that “[t]he appealability of an order directly implicates the jurisdiction of the court.” Bailey v. … We must, therefore, determine whether the order in question qualifies as a collateral order under Rule 313.

Com. v. Anderson, J.

Superior Court of Pennsylvania · Jul 21, 2016

As to privately employed agents, Act 235 establishes the following requirements. … A privately employed agent must be qualified, complete the education and training components, and then carry the issued certification when carrying a firearm on duty or going to and from duty.

Est. of Theodore R. Flint v. Giansante, L.

Superior Court of Pennsylvania · Aug 2, 2019

The engagement identified in the Fee Agreement to which the contingent fee applied clearly refers to the damages claim. … That paragraph clearly restricts hourly fees to time successfully spent securing non-monetary relief.

Com. v. Garner, J.

Superior Court of Pennsylvania · Jan 11, 2017

Specifically, the evidence introduced at trial established the following. Appellant purported to act in an official capacity. … A trial court is not required to use any particular jury instructions, or particular forms of expression, so long as those instructions clearly and accurately characterize the relevant law. Id.

In Re: Estate of Phillips, D. Appeal of: Jones, A.

Superior Court of Pennsylvania · Nov 27, 2018

This testimony, as well as the opportunity afforded the Jones Heirs to argue their objections, clearly established that the Jones Heirs were provided a full and fair opportunity to present evidence related … Thus, the record clearly establishes that the Court did not limit the testimony to the sole issues of whether PNC had the authority to enter into a lease with Vantage and whether the lease was in the heirs’

In Re: Inv. Term. of Par. Rights: A.T v. a Minor

Superior Court of Pennsylvania · Apr 1, 2021

Clearly, the testimony of a witness relaying his or her interpretation of what a record said lacks the same indicia of reliability.6 ____________________________________________ 6The same reasoning applies to the Uniform … As such, grounds were established under Section 2511(a)(2) to terminate Mother's parental rights. Trial Court Opinion, 10/12/20, at 10-12. Our review of the record supports the trial court’s decision.

In the Interest of: R.M.R., a Minor

Superior Court of Pennsylvania · Jun 28, 2016

The court may not separate the child from her parent unless it finds that the separation is clearly necessary. In re G.T., 845 A.2d 870 (Pa.Super. 2004). … be made or continue to be made, determine 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

Com. v. Gaines, R.

Superior Court of Pennsylvania · May 1, 2020

The Commonwealth retains a qualified privilege to withhold the identity of a confidential source. Commonwealth v. Watson, 69 A.3d 605, 607 (Pa. Super. 2013). … Rules of Appellate Procedure clearly state that issues not raised in the lower court cannot be raised for the first time on appeal. Pa.R.A.P. 302(a).

Com. v. Corbin, E.

Superior Court of Pennsylvania · Mar 26, 2025

Consequently, this court determined that although applicable case law has held medical records to qualify as discretionary discovery as opposed to mandatory discovery, this court was unconvinced by … However, the docket entry for September 23, 2021, clearly stated that “both sides were ready for trial.” Docket, 10/6/23, at 16.

Com. v. Gerace, M., Jr.

Superior Court of Pennsylvania · Apr 27, 2020

[T]he facts and circumstances established by the Commonwealth need not preclude every possibility of innocence. . . . … Clearly, the legislature considered driving with a suspended license a less serious offense than driving under the influence with a suspended license.