Case law

Com. v. Payne, J.

Superior Court of Pennsylvania · Jun 7, 2023

Appellant first claims the PCRA court erred in dismissing his PCRA petition “without a hearing when [he] clearly demonstrated a newly- discovered fact that was unknown to” him. Appellant’s Brief at 9. … Although he may have received additional details in Crosson’s December 2017 letter, the fact that police utilized third-party information to aid their investigation does not qualify as a “newly-discovered fact.”

Com. v. Dukulah, S.

Superior Court of Pennsylvania · Mar 9, 2017

Brennan, an attending physician in the pediatrics division at the Children’s Hospital of Philadelphia who was qualified as an expert in the field of child sexual abuse. … As noted by the trial court, K.D.’s testimony established that Appellant, the man she thought of as her father, repeatedly raped her over a six-year period, starting when she was only ten years old.

Com. v. Dixon, T.

Superior Court of Pennsylvania · May 19, 2015

instant appeal in that the petition contains facts unknown to [Dixon] in this matter and said facts could not have been obtained by any exercise of due diligence due to the fact that the Affiant clearly … The Court erred in finding that Defendant's PCRA Petition was not timely filed because the evidence qualifies as newly discovered evidence and Defendant has exercised due diligence. 4.

Kennedy-Smith, D. v. Milroy Hospitality, LLC

Superior Court of Pennsylvania · Oct 12, 2017

Parkes testified that he was not qualified to determine whether the building satisfied all applicable codes. Mr. … Absent any other consideration, Section Four of the Amended Lease clearly includes “trash removal” in the list of Milroy’s obligations.

Com. v. Brooks, R.

Superior Court of Pennsylvania · May 27, 2026

Notably, however, the Bradley Court qualified its holding by stating that “[w]e do, however, remind the trial bench that failure to maintain an accurate and reviewable contemporaneous record of all instructions and [ex … However, Brooks’ PCRA counsel clearly indicated that his claim is one of “structural errors which implicates the very foundation of the independence and constitutionality of the tribunal itself,” not prosecutorial misconduct

Keddie, A. v. Gregory, J.

Superior Court of Pennsylvania · Feb 8, 2019

In determining the intent of the parties to a written agreement, the court looks to what they have clearly expressed, for the law does not assume that the language of the contract was chosen carelessly. … Attorney Horne is highly qualified for such work. This is evidenced by her curriculum vitae, including her - 19 - J-A26017-18 difference.

Com. v. Sperl, S.

Superior Court of Pennsylvania · Sep 29, 2017

To establish the offense of homicide by vehicle the Commonwealth must establish only that: (1) the defendant deviated from standard of care established by the underlying traffic regulation; (2) the defendant knew or should … Defense counsel remained in the case following the advice of the Public Defender's Office that defendant did not qualify for representation.

Com. v. Perez, T.

Superior Court of Pennsylvania · Nov 29, 2018

See ____________________________________________ 6Our review discloses that the Commonwealth did not seek to have Agent Kontz qualified as an expert witness, nor did the trial court so qualify him. … Even assuming that letter 5A qualified as a statement of a party opponent, we are not persuaded that the statement met the test for relevancy under Rule 401.

Commonwealth v. Kindness

247 Pa. Super. 99 · Superior Court of Pennsylvania · Mar 31, 1977

within any of those situations. [5] The supervisory powers of the Pennsylvania Supreme Court are limited by Article V, § 10(c) of the Pennsylvania Constitution, which grants that Court its procedural rule-making powers but qualifies … It would be difficult to find language more clearly intended to give broad discretion to the District Attorney in all situations. Included are those cases where a request comes from the attorney for the defendant.

Estate of Gritser, W. Appeal of: Scott, C.

Superior Court of Pennsylvania · May 7, 2024

Decedent also needed a home health care aide, but Appellee learned Decedent did not qualify for Medicaid because his assets were greater than $2,000. … Appellee’s testimony, which the orphans’ court found credible, established the facts as set forth above.

Katz, S. v. Katz, J.

Superior Court of Pennsylvania · Aug 20, 2018

But Husband argues that Wife must pay 35% of everything Attorney Hare billed and that the only qualifier on the amount was what the bill was on November 17, 2010. … Neither of these trial court decisions, which established the scope of the enforcement hearing, constitute an abuse of discretion.

In Re: J.L., Appeal of: J. L.

Superior Court of Pennsylvania · Feb 7, 2023

Where the rules of law on which the court relied are -7- J-S27031-22 palpably wrong or clearly inapplicable, we will reverse the court’s decree. … The petitioner must present testimony: from individuals qualified by training and experience in evaluating individuals with incapacities of the type alleged by the petitioner, which establishes the nature

Com. v. Flabbi, A., Jr.

Superior Court of Pennsylvania · Nov 21, 2018

Appellant is correct that there WAS no testimony that established S.L.S.’s date of birth. … Kees was not qualified to “testify as to the nature of Appellant’s broken neck.” Appellant’s Brief at 21. However, Appellant avers Mr.

US Bank National Assoc. v. McClain, J.

Superior Court of Pennsylvania · Oct 16, 2015

However, this exact position was clearly advanced to the court at the motion for sanctions hearing. … For an averment to qualify as judicial admission, it must be clear and unequivocal admission of fact. John V. Conomos, Inc. v. Sun Co., 831 A.2d 696 (Pa. Super. 2003)).

Com. v. Schmocker, K.

Superior Court of Pennsylvania · Jul 23, 2019

Michael Cilli was not qualified to answer questions regarding firemen’s training and was asked an improper question regarding non-emergency training regarding a hold used to lift a woman by her vagina … He has cited no case law that would tend to specifically establish that any of these utterances were improper or inadmissible.

Beecher's Auto Salvage, Inc. v. Conservit, Inc.

Superior Court of Pennsylvania · Oct 29, 2015

-7- J-A18021-15 For an averment to qualify as a judicial admission, it must be a clear and unequivocal admission of fact. … If it is established that such a usage is embodied in a trade code or similar record, the interpretation of the record is a question of law. 13 Pa.C.S.A. § 1303(c).

Com. v. Judon, B.

Superior Court of Pennsylvania · Dec 24, 2014

Evidence is relevant if it logically tends to establish a material fact in the case or tends to support a reasonable inference regarding a material fact. … Instead, the reference to the victim as the only eyewitness to the crime qualifies as an oratorical flair to remind the jury that the only unbiased, neutral party with knowledge of the

Com. v. Palmer, G.

Superior Court of Pennsylvania · Oct 11, 2017

(Citations omitted) 18  uut clearly established that, in considering a Rule 600 Motion, "the Court must distinguish between 'excludable time … This is clearly embodied in Pa.R.Cr.P.

Meanor, D. v. Peoples Natural Gas

Superior Court of Pennsylvania · Jan 23, 2019

GPC 2075 then establishes a “Posted Price” price term. … GPC 2075 clearly and unequivocally states that the “Posted Price” will be changed occasionally based upon market and economic forces. See GPC 2075, 7/3/95, at 4.

Bank of America, N.A. v. Galanti, P.

Superior Court of Pennsylvania · Mar 1, 2016

The moving party bears the burden of clearly demonstrating that there are no \ genuine issues of material fact. Stimmler v. … In Reggie, the defendants pledged their home as collateral so that their son and daughter-in-law would qualify for a mortgage to buy a home, the "Spring property."