Case law

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.

Heddleston, B. v. Obstetrical and Gynecological

Superior Court of Pennsylvania · Nov 17, 2021

Further, this Court has stated that a motion in limine may preserve an objection for appeal without any need to renew the objection at trial, but only if the trial court clearly and definitively rules on … Brent, Godinez, and Hartung, it is well settled that the MCARE Act provides heightened requirements for qualifying experts than the common law. See Gbur v. Golio, 963 A.2d 443, 452-53 (Pa. 2009).

In the Int. of: A.M.L.M., Appeal of: E.M.

Superior Court of Pennsylvania · Jun 29, 2021

However, the evidence clearly established that Father failed to meet his duty to provide safety for Child by knowingly leaving her in the care of Mother, who was an active drug user, by failing to search for … 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

Kia Motors v. U-Haul Co. of PA

Superior Court of Pennsylvania · Jan 13, 2026

Cmwlth. 1987) (similar).3 “Because the trial court is uniquely qualified to evaluate factual matters, we will not disturb its decision absent an abuse of discretion or error of law.” Picca v. … Kia’s request for production of documents clearly encompassed this evidence. It exercised due diligence during the normal discovery period yet could not obtain this important evidence.

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...."

Com. v. Woodall, J.

Superior Court of Pennsylvania · Jan 22, 2026

well-established constitutional his well-established against his against rights. … clearly fails fails to to establish

Com. v. Grier, J.

Superior Court of Pennsylvania · Oct 15, 2015

In support of this allegation, Defendant sets forth the following argument: "A straight forward reading of the Order of the Superior Court excludes all those who qualify as known. … The facts established that co-defendant Dimatteo utilized that phone in question to set up drug purchases and distributions.

Com. v. Moody, A.

Superior Court of Pennsylvania · Dec 18, 2015

Counsel stipulated that the samples from the rape kit were analyzed by qualified Forensic Scientist, Gamal Emira. N.T. 6/5/14 at pp. 85-86. … trier of fact could reasonably have determined all elements of the crime to have been established beyond a reasonable doubt.

In Re: W.P.J.K., Appeal of: J.K., Father

Superior Court of Pennsylvania · Jan 6, 2020

The primary established goal was return of K.J.K. and E.J.K. to the most appropriate parent with a concurrent goal of adoption. Mother gave birth to W.[P.]J.K. [i]n January [] 2018. … Richard Small, who was qualified as an expert in the field of psychology, testified that he performed forensic valuations of both Father and Mother. Dr.

Com. v. Rossi, T.

Superior Court of Pennsylvania · Oct 4, 2019

The parties stipulated that, if called to testify, Melinda Charley would be qualified as an expert in the field of DNA analysis and would testify that she analyzed the swabs collected from [the victim] and … Appellant asserts that “in certain circumstances the evidence is so clearly unduly prejudicial that a curative instruction is immediately provided by the court sua sponte [and] must be provided whether or not the instruction

Com. v. Rivera, B.

Superior Court of Pennsylvania · Feb 14, 2017

Officer Fiore testified that he could clearly see him as he was only half a block away and Appellant matched the description. … From these facts, Officer Bates acquired specific and articulable facts establishing that Appellant engaged in illegal narcotics sales.

Com. v. Strait, H.

Superior Court of Pennsylvania · Aug 9, 2023

“Predatory” is defined by SORNA as “[a]n act directed at a stranger or at a person with whom a relationship has been initiated, established, maintained or promoted, in whole or in part, in order to facilitate or support … Clearly, he has. So, he qualifies for the SVP hearing and the assessment.

In the Int. of: B.J.I., Appeal of: B.J.I.

Superior Court of Pennsylvania · Jul 3, 2025

warrants the involuntary clearly involuntary termination." … The Children's The Children's need safety, stability, need for safety, stability, and permanency clearly outweigh permanency clearly outweigh

Com. v. Swift, D.

Superior Court of Pennsylvania · Aug 14, 2018

No prior mistreatment was ever established or testified to on [redirect- ]examination.” … The jury also heard from Erie County Detective Anne Styn, who was qualified as an expert in computer forensics.

Com. v. Sabater, L.

Superior Court of Pennsylvania · May 8, 2018

- 13 - J-S79012-17 Officer James Trappler, who was qualified as an expert in the packaging, distribution, and sale of narcotics, testified that both the scale and the large … 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

Weeks, M. v. G&E Real Estate Management Services

Superior Court of Pennsylvania · Sep 28, 2017

Op. at 8-10 (finding: although both Appellant’s and Crown’s medical experts discussed how Appellant had been electrocuted and had suffered injuries as a result of the electrocution, “neither doctor opined (or was qualified … To the extent that we were to consider Mietelski, we would conclude that it actually undermines Appellant’s argument, as it clearly distinguishes proof of causation from proof of injury: Since causation is an essential

Com. v. White, S.

Superior Court of Pennsylvania · Aug 24, 2018

As Lieutenant Gibney walked over to [White] his badge was clearly visible to [White]. 6. [White] began reaching into his pockets and Lieutenant Gibney told him to stop. … Our Court held that the officer’s approach qualified as a mere encounter and that the officer’s request for Coleman to remove his hand from his pocket did not elevate the encounter to an investigative detention.

In the Interest of: G.C., Appeal of: C.C.

Superior Court of Pennsylvania · Apr 29, 2015

Kashurba was qualified as an expert in child behavior. Mr. Kashurba did an initial bonding assessment on September 17, 2012[,] and an addendum on March 19, 2013. [Mr. … The record supports that Mother clearly has a bond with [Child].

Com. v. Clary, M.

Superior Court of Pennsylvania · Jan 21, 2021

A statute will not be declared unconstitutional unless it clearly, palpably, and plainly violates the Constitution; all doubts are to be resolved in favor of finding constitutionality. __________ … Clary does not dispute that he had a qualifying prior conviction at the time of sentencing, nor does he contend that section 9714 was applied incorrectly.

Com. v. Taylor, C.

Superior Court of Pennsylvania · Dec 9, 2019

during the summer of 1985, although no exact date was established. … Clearly, the request for juror information was made in a timely manner and not waived as in the case before us.