Case law

In Re: I.M.R.

Superior Court of Pennsylvania · Jun 7, 2023

Rather, to establish an abuse of discretion the appellant must establish: Id, establish: (i) … The Emergency Petition clearly alleged that I.M.R.

Com. v. Shauf, J.

Superior Court of Pennsylvania · Oct 16, 2018

establish cause for relief?" … establish cause for relief?"

Com. v. Froehlich, J.

Superior Court of Pennsylvania · Dec 21, 2023

Super. 2021), “that information ‘was insufficient as a matter of law to establish reasonable suspicion.’” Id., quoting Malloy, 257 A.3d at 155. … Hence, not all inquiries during a traffic stop qualify as ordinarily incident to the stop's mission, as measures aimed at finding evidence of other crimes or safety precautions taken to facilitate detours

Com. v. Mitchell, I.

Superior Court of Pennsylvania · Jun 25, 2019

�dings, trial, and sentencing Derendarir� .tepesented byAtt�·William Kerey.Esq Mer sentencing Defeadant applied for, and », qualified for, appointed counsel and the.court … the coiirt: must not substitute its judgmentforthar of the jury.as f�t finder 'b,ut x:iilher must de�e if the evidence· presented enabled rh.ejuty ttl find all elements' of tpe offenses were -established

Com. v. Robinson, T.

Superior Court of Pennsylvania · Jun 22, 2018

[Appellant] was arrested in Maryland in September 19, 2012 and returned to this jurisdiction under the IAD on [June 6, 2013].[7] This time is clearly excludable[]. … Other jurisdictions, as well as the ABA, have determined that lodging a detainer qualifies as due diligence for speedy trial purposes.

In Interest of Z.P., minor, Appeal of: L. and J.P.

Superior Court of Pennsylvania · Jun 21, 2017

Super. 2009), this Court stated, “We recognize that our trial judges are ‘honorable, fair and competent,’ and although we employ an abuse of discretion standard, we do so recognizing that the judge [her]self is best qualified … Page 6of i7 A-2  The standards for recusal are well established: It is the burden ofthe party requesting recusal to produce evidence establishing bias, prejudice

In the Interest of: W.R.B. a minor Appeal of: S.B.

Superior Court of Pennsylvania · Sep 9, 2016

The parents were ordered to maintain sobriety and establish and maintain stability relative to housing. … Kendra Wheelden, the Agency caseworker, testified as to the mother’s inability to establish and maintain stable housing.

Washington, S. v. Hamilton, H.

Superior Court of Pennsylvania · Sep 12, 2018

Thus, the early payout benefit clearly increased in value between 2000 and 2004. … Additionally, while Husband may have taken an advanced payment on the pension in 2006, this was post-date of separation and does not qualify as an actual distribution of the pension.

Hawk, D. v. Hawk, T.

Superior Court of Pennsylvania · Jun 25, 2019

Following a two-day hearing, the trial court ruled that “Husband has met his burden of proof to establish that [] Wife is cohabit[ing] with [Staniland]. … See Husband’s Brief at 25 (“Husband established cohabitation began, at the very least, as of the date of the filing of his [p]etition, known as March 14, 2017.”).

Com. v. Alfaro-Rodriguez, E.

Superior Court of Pennsylvania · Mar 27, 2018

We explained that, “[a]lthough ineloquently phrased, the [defendant’s] statements were not qualified. … DiNicola, 866 A.2d 329, 336-37 (Pa. 2005) (holding that the mere revelation of silence, or even an explicit reference to it, does not establish innate 24 Com. Ex. 6, clip 5 at 3:21-3:25. 25 Com.

Com. v. Lampley, M.

Superior Court of Pennsylvania · Nov 28, 2023

Appellant’s Brief at 11 (extraneous capitalization omitted).5 In his first issue, Appellant asserts that his waiver of counsel was not knowingly, voluntarily, or intelligently provided because the “trial court clearly … It is well-established that an accused has a constitutional right to counsel during trial.

Blaque, E. v. Chestnut Hill Hospital

Superior Court of Pennsylvania · Mar 31, 2017

In other words, there is no right to have any particular form of instruction given; it is enough that the charge clearly and accurately explains the relevant law. … Paynter, who was qualified as an expert in corporate liability, testified that he did not review any policies and procedures of Chestnut Hill Hospital.

Com. v. Straughters, F.

Superior Court of Pennsylvania · Dec 22, 2016

Super. 2002) (motion to vacate sentence qualified as a PCRA petition); Commonwealth v. Guthrie, 749 A.2d 502, 503 (Pa. Super. 2000) (motion to correct illegal sentence would be treated as PCRA petition). … It is well established that any document filed after the judgment of sentence becomes final must be treated as a petition for post- conviction relief, regardless of how a petitioner or counsel titles it.

In the Int. of: E.M., Appeal of: K.M.

Superior Court of Pennsylvania · Feb 28, 2022

Whether the trial court’s order must be reversed because even if child was determined dependent there was no evidence presented that it was clearly necessary to separate [Child] from his … Mother asserts that CYS did not establish it was “clearly necessary” to remove Child from her care. Id. In any event, Mother argues that CYS should have created a safety plan as an alternative to removal. Id.

Com. v. Muhammed, I.

Superior Court of Pennsylvania · Jun 11, 2019

Here, the evidence adduced at the suppression hearing established the following. … Suzanne Mannes, who was qualified as an expert concerning eyewitness identifications.

Myers, B. v. Sebastianelli, F.

Superior Court of Pennsylvania · Aug 21, 2020

He was qualified as an expert and recognized as such without objection by defense counsel. Dr. Reed testified that he interviewed [Mr. Myers] on three occasions and reviewed certain documents. … These physicians presented evidence to establish that [Mr.

Com. v. Blenman, K.

Superior Court of Pennsylvania · May 28, 2021

The PCRA court concluded that this period of time cannot be excluded because it qualified as the normal progression of acase. See id. … Officer Opalski is adriving [an unmarked police] car, the lights and sirens are activated, so it's clearly the police. [Appellant] is still running.

Com. v. Torres, R.

Superior Court of Pennsylvania · May 17, 2018

On November 2, 2010, the Honorable Benjamin Lemer signed an order granting … Watson immunity in this case. … Watson was subpoenaed to testify as a Commonwealth witness at trial, but he failed to appear. … Accordingly, Appellant has not established that he was prejudiced by appellate counsel’s failure to argue on direct appeal that Appellant was deprived of a full and fair opportunity to cross-examine Watson.

Com. v. Billups, C.

Superior Court of Pennsylvania · Sep 19, 2018

the trial court’s ruling1 had impermissibly relied on speculation that Yvette Briggs had been told by her husband that the perpetrator was present before she arrived to identify Appellee, an “unsupported finding [that] clearly … Tedford, 598 Pa. 639, 731, 960 A.2d 1, 55–56 (2008) (“[I]t is the burden of the party requesting recusal ‘to produce evidence establishing bias, prejudice or unfairness which raises a substantial doubt as to

Com. v. Neal, A.

Superior Court of Pennsylvania · Jan 31, 2020

Nurse Reyes, who qualified as an expert SANE nurse, testified that, at the beginning of the examination, the victim was crying and recounted the facts summarized above. … That exception is clearly not applicable to this case. See Commonwealth v. Al/bum, 721 A.2d 363, 367 (Pa. Super. 1998).