Case law

Com. v. Tyler, K.

Superior Court of Pennsylvania · Apr 14, 2015

First, contrary to Tyler’s claims, it was within the jury’s province to conclude that Thompson’s injuries resulting from the events on March 19 did qualify as serious bodily injuries. … Nevertheless, the Commonwealth need not establish guilt to a mathematical certainty.

In the Interest of: J.E.S., a Minor

Superior Court of Pennsylvania · Dec 29, 2016

Consequently, the [trial] court did not abuse its discretion when it found that it was clearly and convincingly established that there was no positive parental bond, and that termination of Father’s parental … “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. Campbell, D.

Superior Court of Pennsylvania · Apr 27, 2015

S61014/14 value that their need clearly outweighs the likelihood of inflaming the minds and passions of the jurors. Commonwealth v. … Basilone was a long-time fixture lias was his establishment in the Farrell community for decades.

Brosky, W. v. MJC Industries, Inc.

Superior Court of Pennsylvania · May 24, 2017

The statute clearly authorizes a creditor to seek damages from the original transferor OR the transferee OR the asset transferred. … parties' personal and professional connections clearly colored the series of transactions underlying this dispute.

Com. v. Gant, J.

Superior Court of Pennsylvania · Jul 22, 2016

Also, the totality of the circumstances test does not limit our inquiry to an examination of only those facts that clearly indicate criminal conduct. … Human police officers clearly must have probable cause to search motor vehicle interiors without a warrant. Commonwealth v. Gary, 91 A.3d 102, 124, 138 (Pa.2014).

Newport Investment Group v. Phila. TV Network

Superior Court of Pennsylvania · Sep 7, 2023

Clearly, in this case, PTNI’s request to return the physical assets, including the tower broadcasting equipment, tower lease, station records, and programming files, does not raise a substantial federal question and does … See Johnson, 326 U.S. at 132 (concluding that “State power is amply respected if it is qualified merely to the extent of requiring it to withhold execution of that portion of its decree requiring retransfer of the physical

In the Int. of: K.C., a Minor Appeal of: D.E.

Superior Court of Pennsylvania · Oct 10, 2017

Clearly, the situation giving rise to the November 30, 2016 order that is before us has changed drastically, and those changes are continuing. … As our August 24 order recognized, “[i]t is a well-established principle of law that this Court will not decide moot questions. . . .

Com. v. Lee, J.

Superior Court of Pennsylvania · Sep 7, 2016

The only testimony supporting this fact was the qualified answer by Detective Mayer that he didn’t “believe” Appellant was shackled at that time. … Clearly, Detective Mayer could not testify with any degree of certainty whether Appellant was restrained when interviewed.

O.B. v. C.W.B.

Superior Court of Pennsylvania · Dec 8, 2020

(“Father”) appeals pro se from the October 11, 20191 order that, inter alia, found him in contempt of the 2017 order establishing the custody arrangement between Father and O.B. (“Mother”) for their child J.B. … Instead, he enrolled him in school in Germany - clearly a willful act. The enrollment did not happen on its own.

Lopez, N. v. Citywide Community

Superior Court of Pennsylvania · Sep 27, 2016

The March 16, 2015 Order clearly states that "judgment is entered in favor of the Plaintiff NILSA LOPEZ and againstDefendants CITYWIDE COMMUNITY COUNSELING SERVICES, INC. and MIGUEL PEGUERO in the amount of $50,000 jointly … This Court clearly found the release invalid and unenforceable as it entered judgment against Peguero and Citywide; had this Court found otherwise, Peguero and Citywide would have been immune from and relieved of any liability

Heath, D. v. Dellich, G.

Superior Court of Pennsylvania · Dec 13, 2016

The defense called William Roach, who is a professional engineer, and qualified Mr. … This statemert clearly establishes that Heath had been attempting to repair the well.

Jones, T. v. Innovative Property

Superior Court of Pennsylvania · Oct 26, 2017

The law does not establish a specific time period within which a petition to open a judgment must be filed to qualify as timeliness. … Black, 424 A.2d 1250, 1252 (Pa. 1981) (“While settlements are clearly favored and default judgments are not, we do not believe the attempts in this case to negotiate a settlement can justify the appellees’ protracted delay

Com. v. Snead, S.

Superior Court of Pennsylvania · May 22, 2017

The court determined that this evidence was properly admitted to prove “motive, identity of the shooter, and to establish the natural sequence of events leading up to the murder.” … Here, the probative value of the two prior instances where Appellant sought out the victim clearly outweighed its prejudicial impact.

Com. v. Reeves, J.

Superior Court of Pennsylvania · Apr 20, 2022

[Sergeant] David Krumbine, qualified as a ballistics expert during trial, received the bullet submitted in this case. … It is, of course, well established that certain out-of-court statements offered to explain a course of police conduct are admissible.

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

Superior Court of Pennsylvania · Mar 16, 2020

Similarly, Mother appeared not to understand that taking R.G. to the emergency room was not the same as establishing care - 22 - J-A02011-20 with a subspecialist, and Mother appeared … However, in her argument, Mother refers only to the contents of the March 29, 2019 dependency order, which clearly is not a permanency review order.

Kutsch, D. v. Anthony, R.

Superior Court of Pennsylvania · Aug 15, 2016

[Father] retired from ATI in 2008, after which the necessary Qualified Domestic Relations Orders (“QDROs”) were entered by the Court to ensure that [Father’s] monthly support obligation would … Therefore, unlike Smedley, Father’s testimony, found credible by the fact-finder, established that Father was not in good health and not capable of continued employment when he retired.

In the Int. of: T.S.C.L, Appeal of: T.L.

Superior Court of Pennsylvania · Jun 9, 2021

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 … As so aptly stated by DHS, in the instant matter, Child had languished in care for 19 months, nearly her whole life, clearly meeting ASFA timelines.

Kreiss, J. v. Main Line Health, Inc.

Superior Court of Pennsylvania · May 29, 2019

Plaintiff’s Exhibit 8 [Kreiss termination letter] clearly demonstrates that Mr. Kreiss was informed of the termination of his employment, termination effective April 24th. … However, that definition, “a means of legal reparation”, is clearly encompassed by the right to bring a civil action.

Com. v. Mitchell, S.

Superior Court of Pennsylvania · Jun 27, 2022

-5- J-S19023-22 Our rules of evidence permit opinion testimony where a _ witness, qualified as an expert, possesses specialized knowledge beyond that of an average person, where the expert’s specialized knowledge will … Further, “‘to-aid application, we have held that constructive possession maybe established by the totality of the circumstances,'” Id. at 36 (2018).

Molek v. v. Molek, F.

Superior Court of Pennsylvania · Nov 20, 2015

there was insufficient evidence to establish that a parol partition of the current tract consisting of 10.515 acres occurred? … Clearly, the Master defined the respective improvements that Verna and Frank used and maintained for the sole purpose of identifying which buildings and land would be included in each party’s purpart.