Case law

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  • Gardner, C. v. Gardner, D.

    Superior Court of Pennsylvania · May 4, 2026

    Gardner for professional malpractice, which she clearly does not and cannot do, Ms. Gardner’s complaint fails to satisfy the requirements of Pa. R. Civ. … Gardner’s insistence, a father purchasing a home to co-own with his daughter and for her to live in cannot qualify as “extreme and outrageous” conduct.

    Cited 0 timesUnpublished
  • Com. v. Torres, J.

    Superior Court of Pennsylvania · Oct 31, 2014

    - 12 - J-S47017-14 qualifies as a potentially preclusive offense under section 110. … “Generally, charges against a defendant are clearly related in time and require little analysis to determine that a single criminal episode exists.” Commonwealth v.

    Cited 0 timesUnpublished
  • K.D. v. E.D.

    Superior Court of Pennsylvania · Aug 23, 2018

    This standard can be met where the evidence clearly shows that even supervised visitation would severely Page 9 of 15 a endanger the child. … The evidence established that Path�11.Qj£Q!

    Cited 0 timesUnpublished
  • Com. v. Evans, J.

    Superior Court of Pennsylvania · Dec 21, 2020

    Detective Banner was qualified as an expert in illegal drug trafficking, drug investigations and generally in the field of illegal drugs. let at 110. … IL Under the totality of the circumstances, the evidence at trial sufficiently, clearly, convincingly and beyond a reasonable doubt demonstrated the Appellant promoted, facilitated, conspired with others and

    Cited 0 timesUnpublished
  • Balint, D. v. EQT Production Co.

    Superior Court of Pennsylvania · Jun 3, 2025

    Of those three parts, only the part corresponding to the first issue clearly identifies which issue is - 14 - J-A05006-25 treated therein. … Our review discloses Appellants failed to establish the first element of equitable estoppel.

    Cited 0 timesUnpublished
  • Com. v. Coleman, K.

    Superior Court of Pennsylvania · Nov 19, 2020

    Specific intent and malice may be established through circumstantial evidence, such as the use of a deadly weapon on a vital part of the victim’s body. Id. at 840. … These circumstances clearly indicate an unexpected and shocking occurrence to the people inside that house.

    Cited 0 timesUnpublished
  • Com. v. Daniel, L.

    Superior Court of Pennsylvania · Jul 18, 2018

    A trial court has broad discretion in phrasing its instructions, and may choose its own wording so long as the law is clearly, adequately, and accurately presented to the jury for its consideration. … For these reasons, Appellant has not established entitlement to relief.

    Cited 0 timesUnpublished
  • Com. v. Seaton, D.

    Superior Court of Pennsylvania · Jun 22, 2015

    This testimony also clearly established that the source of the 100 grams of heroin was completely separate and distinct from the 49.9 grams of heroin later found in the Lorna Doone cookie box. … One dose is generally twenty dollars, qualifying heroin as 9 Circulated 05/27/2015 09

    Cited 0 timesUnpublished
  • Adoption of: R.O.C., Appeal of: J.M.W.

    Superior Court of Pennsylvania · Sep 23, 2019

    Then 7-month-old O.Z.C. had only been seen by a pediatrician once since her birth and had no immunizations; Mother had also missed 1 We note that Mother is also known … Whether the trial court erred in terminating [Mother’s] parental rights to the subject [C]hildren, in light of H.A.H.’s on-the-record testimony which clearly

    Cited 0 timesUnpublished
  • Com. v. Mendez, E.

    Superior Court of Pennsylvania · Oct 24, 2023

    not be reversed absent a showing that the trial court clearly abused its discretion. … Here, the circumstances clearly demonstrate that police had ____________________________________________ 2 Additionally, the Commonwealth presented the testimony of Detective Jarrod Eisenhauer, who was qualified as

    Cited 0 timesUnpublished
  • Com. v. Gamble, T.

    Superior Court of Pennsylvania · Jun 8, 2021

    Rather, Appellant is required to establish prejudice. Weaver, 137 S.Ct. at 1910. … To establish trustworthiness, “the proponent of a hearsay statement must establish an exception to the rule of exclusion before it shall be admitted.” unless it falls within an exception to the hearsay rule. Id.

    Cited 0 timesUnpublished
  • In the Interest of: S.I.M.S., a Minor

    Superior Court of Pennsylvania · Sep 7, 2016

    The trial court also entered orders on December 17, 2015, changing the goal to placement with legal custodian and establishing a concurrent goal of reunification. … 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

    Cited 0 timesUnpublished
  • Com. v. Gardner, V.

    Superior Court of Pennsylvania · Oct 5, 2016

    However, those cases do not establish, nor do they purport to establish, a minimum level of evidence necessary to sustain a conviction. … Here, the sentencing court clearly had the benefit of a pre-sentence report, and must be afforded the attendant presumption.

    Cited 0 timesUnpublished
  • Commonwealth v. Ruey

    2004 Pa. Super. 264 · Superior Court of Pennsylvania · Jul 8, 2004

    Just as clearly, however, the doctrine did not require suppression in Brundidge and Smith , where the violations in question were more benign. … The independent source doctrine was not established to provide for multiple attempts at the same investigation...."

    Cited 9 timesPublished
  • Com. v. Coleman, C.

    Superior Court of Pennsylvania · Apr 12, 2019

    She was qualified without objection as an expert. Ms. … There were clearly negative influences on [Appellant], thereafter, when he was released at age 17, however, he was at an age that he clearly understood the nature of the crime he was involved in.

    Cited 0 timesUnpublished
  • Com. v. Donley, D.

    Superior Court of Pennsylvania · Oct 17, 2018

    However, one such qualifying crime under the sentencing code is attempted burglary pursuant to 18 Pa.C.S. § 3502(a)(1). See 42 Pa.C.S. § 9714(g). … A verdict is against the weight of the evidence where certain facts are so clearly of greater weight that to ignore them or to give them equal weight with all the facts is to deny justice.

    Cited 0 timesUnpublished
  • Com. v. Cotton, D., Jr.

    Superior Court of Pennsylvania · Oct 10, 2017

    The facts of this case clearly permit a trier of fact to find the presence of malice and intent to convict Defendant of first-degree murder beyond a reasonable doubt. … A gunshot wound that tears into a hand qualifies as a serious bodily injury.

    Cited 0 timesUnpublished
  • In the Int. of: M.B., a Minor

    Superior Court of Pennsylvania · Dec 20, 2021

    After qualifying as an expert witness in child abuse pediatrics, Dr. … The Legislature has determined that the likelihood clearly established abuse has occurred, other than at the hands of the custodian, is so small that prima facie evidence the custodian has caused the injury, either by acts

    Cited 0 timesUnpublished
  • Com. v. Harris, A., Jr.

    Superior Court of Pennsylvania · Jul 27, 2017

    between said co-conspirators which discussed [Appellant’s] possession and delivery of controlled substances; interpretation of language used in said communications by Agent Moore, who had been qualified … and drug deliveries; testimony of surveillance agents; and the testimony of Timothy Wilson and Colleen Berrigan, who were co- conspirators.[5] This evidence, when considered in its entirety, clearly

    Cited 0 timesUnpublished
  • Solo, R. & L. v. Polit, S.

    Superior Court of Pennsylvania · Nov 9, 2017

    Gots was not properly qualified to provide expert testimony in the field of toxicology. Solos’ Br. at 20-21. … The Court ultimately concluded that the evidence of Coughlin’s BAC was admissible because it reasonably established his unfitness to cross the street. Id. at *9. Here, Dr.

    Cited 0 timesUnpublished

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