Case law

Com. v. McNulty, J.

Superior Court of Pennsylvania · Apr 27, 2020

the sound discretion of the trial court, and a trial court's ruling will not be disturbed unless that ruling reflects manifest unreasonableness, or partiality, prejudice, bias, or ill will, or such lack of support to be clearly … N.T. 3/26/2015 at 70-71. 16  Agent Tabak immediately qualified his misstatement by informing counsel and this Court

Com. v. Palsha, E.

Superior Court of Pennsylvania · Nov 20, 2017

imposed as part of the judgment of sentence where there is a finding by the trial court that damage occurred as the direct result of the -9- J-S58029-17 DUI crime or where the record clearly … Holdren, the field adjuster, who was qualified to make the estimates of value. Moreover, Appellant’s reliance on Commonwealth v. Washington, 2008 WL 11381510, 2008 Pa. Dist. & Cnty.

Com. v. Bowen, H.

Superior Court of Pennsylvania · Jun 30, 2020

Being that i·• I ',"' I wasn't facing a death penalty for the case, I don't qualify for first-degree murder. I· .... ' f· .•. 1 PCRA Hearing Transcript at 6-7. ! … But the Commonwealth's evidence clearly shows the Defendant was shot in the back. Commonwealth's Exhibits 1, 2, 4.

Miller, K. v. Orr, M.

Superior Court of Pennsylvania · Jan 19, 2022

Miller first contends that the trial court erred in valuing the marital residence at $500,000.00 because the record evidence establishes a fair market value of $596,000.00. … The sale of the pre-marital home was also clearly intended to fund the purchase of the marital residence.

Com. v. Whiting, R.

Superior Court of Pennsylvania · Jun 30, 2017

“Not surprisingly, [SOAB] concluded that his history represented a very high risk for sex offense recidivism, thus rendering him eminently qualified to the art. … Clearly, Appellant cannot demonstrate he was prejudiced by trial counsel’s failure to request a mistrial. We find the PCRA court’s findings in this regard are supported by the record and are without legal error.

Com. v. Saunder, S.

Superior Court of Pennsylvania · Nov 25, 2025

established. … established that that he he qualified qualified under under aa PCRA

Com. v. Lewis, G.

Superior Court of Pennsylvania · Aug 29, 2022

Therefore, Appellant reasons that these cell phone records do not qualify as self-authenticating certified domestic records of regularly conducted business activity and are inadmissible hearsay. Id. at 32-33. … and of his complicity therein, though the person claimed to have committed the offense has not been prosecuted or convicted or has been convicted of a different offense or degree of offense or has an immunity

Com. v. Mignogna, S.

Superior Court of Pennsylvania · Jun 25, 2019

In the affidavit, the affiant set forth sufficient facts to establish probable cause. … Penglase's firm, he was a highly qualified attorney that rented office space from Mr. Penglase. Mr.

In the Interest of: Z.J.H., a Minor

Superior Court of Pennsylvania · Dec 22, 2015

Once the evidence establishes a failure to perform parental duties or a settled purpose of relinquishing parental rights, the court must engage in three lines of inquiry: (1) the parent … “These statutory mandates clearly place the trial court's focus on the best interests of the child.” In re S.B., 943 A.2d 973, 978 (Pa.

Com. v. Davis, J.

Superior Court of Pennsylvania · May 14, 2018

These actions qualify as substantial .steps in the commission of a killing. … The facts and circumstances and specifically, the ongoing conduct of the' assailants, clearly established a conspiratorial agreement between Appellant and the other individual on scene.

Com. v. Williams, D.

Superior Court of Pennsylvania · Dec 11, 2019

Officer Barag looked down at ground directly underneath where he was standing and observed a loose pile ofleaves and clearly observed· the handle of a black firearm protruding out of the pile. [N.T., 1/10/2019 p. 20]. … If called to testify, Jared Heister, a Forensic DNA Scientist, who would be qualified as an expert in the field of forensic DNA and DNA testing and profiling would testify that no interpretable results were obtained due

In the Int. of: A.G., a Minor

Superior Court of Pennsylvania · Feb 1, 2022

The trial court’s decision to permit a child to either remain with his present caretaker(s), or to temporarily transfer custody to a qualified agency or individual, is subject only to the express limitation … In addition, this Court has stated it is not for this Court, but for the trial court as fact finder, to determine whether a child’s removal from her family was clearly necessary.

Com. v. Shie, I.

Superior Court of Pennsylvania · Oct 18, 2023

Pursuant to the ADA, “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity … Finally, Appellant waived her weight claim by not clearly asserting a challenge to the weight of the evidence in the trial court.

In Re: Trust Under Deed of Scaife, S.

Superior Court of Pennsylvania · Dec 31, 2019

A conclusion or judgment constitutes an abuse of discretion if it is so lacking in support as to be clearly erroneous. . . . … The record establishes that Petitioners suggested in camera review, and Gutnick and the Law Firm agreed.

Lattari, M. v. 3180 MJT Corp.

Superior Court of Pennsylvania · May 4, 2018

However, the trial court found that Appellant had not established that any alleged negligence by Appellee caused the fall. (See id.). … The general evidence in the record is clearly insufficient to shift the burden of proof to the defendant, City of Philadelphia . . . .

Kandjabanga, F. v. Drexel Univ.

Superior Court of Pennsylvania · Nov 1, 2018

Clearly, an accusation that a different trial judge committed judicial misconduct by ruling in Kandjabanga’s favor supports no cause of action at all. … Without some explanation, the Plaintiff failed to establish that a meritorious cause of action exists. 3.

Com. v. Williams, K.

Superior Court of Pennsylvania · Feb 27, 2018

Our Supreme Court has instructed: [T]he facts and circumstances established by the Commonwealth need not preclude every possibility of innocence. … The gun Appellant used was clearly an instrument of a crime.

In the Interest of: M.A.B.-K., a Minor

Superior Court of Pennsylvania · Jan 19, 2017

Children were taken for medical care, and DHS learned they were not up to date on their immunizations and Z.K., who was two years old, was diagnosed with failure to thrive. … Mother clearly has no ongoing ability to provide care or control for her eight Children or perform any parental duties. Trial Court Opinion, 8/17/2016, at 30-31 (unnecessary capitalization omitted).

Com. v. Frierson, K.

Superior Court of Pennsylvania · Jul 31, 2019

because an appellate court might have reached a different conclusion, but requires a result of manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support so as to be clearly … As gunshot residue testing is already scientifically established, a Frye hearing was unwarranted and we discern no trial court error or abuse of discretion.

In the Int. of: J.J., Appeal of: A.S.

Superior Court of Pennsylvania · Aug 12, 2022

Mother is considered “extremely low functioning, with a full-scale IQ of 50.5 Mother also suffers from lupus, a chronic disease that involves the immune system and can cause damage to any part of the body. _____________ … Super. 2015) (“Clearly, it would not be in Child’s best interest for his life to remain on hold indefinitely in hopes that Mother will one day be able to act as his parent.”) (citation omitted).