Case law

C.B.J. v. A.L.S.

Superior Court of Pennsylvania · Mar 29, 2019

She explained: BY THE COURT: Qualify your response. You said yes, somewhat. What do you mean by somewhat? … Clearly, the court considered R.J.’s preference in fashioning the subject order. - 15 - J-A05023-19 C.J., Jr., was ten years old at the time of his in camera interview.

In the Interest of: C.S.H., a Minor

Superior Court of Pennsylvania · Apr 24, 2017

that she projected blame on the City for the removal of her Children; and that she denied all allegations that her home was unkempt, chaotic, and that the Children were not up to date on their immunizations … Clearly these are children with behavioral difficulties as both record reflected and as our evaluation reflected.” Id. at 16.

Temple, J. v. Providence Care Center

Superior Court of Pennsylvania · Jul 10, 2018

phase of the case, [Appellant’s] counsel, twice, argued about [Providence’s] excessive wealth, and used language suggesting the jury should send a message to [Providence], which, we believe, the jury clearly … She was qualified as an expert and went on to testify about regulations that Providence was required to follow.

Eichelberger, N. v. Azemar, M.

Superior Court of Pennsylvania · Sep 20, 2017

In April 1990, Appellant established Orefield Cold Storage & Distribution Center, Inc. (“OCS”). Id. at 46:9-17. Like ART, OCS was a cold storage business. Id. at 56:7-16. … At the same time, the Subject Cases clearly involve issues of fact.

Com. v. Watley, A.

Superior Court of Pennsylvania · Nov 14, 2017

Rather, "to establish [ineffectiveness of counsel, the defendant] must establish that counsel inexcusably failed to raise issues which, had they been raised, would have afforded [the defendant] relief. … Finally, Defendant's accomplice was granted immunity and was prepared to testify against Defendant. (N.T., 10/25/2016, at 61:4-17.)

In Re: Adoption of S.A.K., a Minor

Superior Court of Pennsylvania · Apr 19, 2017

Mother shall attend counseling sessions with Wellspan Behavioral Health at Edgar Square or another qualified counselor. d. … Mother's analysis of her own mental health is clearly misguided, as her counselor stated that at Mother's last therapy session, it was clear that she remained in need

Hadley, G. v. Moranz, J.

Superior Court of Pennsylvania · Aug 20, 2018

She was qualified as an expert by the Court. 19  In connection with this litigation, Ms. … On the contrary, the record was more than sufficient to establish Paley's liability.

Com. v. Kinnard, R., II

Superior Court of Pennsylvania · Sep 24, 2018

Appellant argues, without citation to authority, that Detective Uhrich did not qualify as a “designee” under § 5704(14)(B). … Experts familiar with handwriting analysis can provide testimony to establish such authentication.

Goldblatt, B. v. Young, J.

Superior Court of Pennsylvania · Jul 31, 2017

It is not clear why since the Agreement qualified the deposit with the phrase “during the term of the marriage.” … She asserts that Judge Gilman failed to establish that Judge DiSalle’s original order was both “clearly erroneous” and “would create a manifest injustice if followed.”

Com. v. Keller, T.

Superior Court of Pennsylvania · Mar 21, 2018

Because neither Trooper Miller nor Trooper Bence were qualified as polygraph examiners, they had to await the arrival of Trooper Jeremy Matas. … The victim's testimony was clearly found to be credible by the jury and alone is sufficient to establish Appellant's guilt regarding the. sexual crimes: Additionally, the jury saw the video of Appellant's confession to

Com. v. Kowal, J.

Superior Court of Pennsylvania · Nov 16, 2017

COUNSEL (KLJNGERMAN), (sic) OF WHICH TESTIMONY WOULD HAVE DEMONSTRATED THAT THE COI'4MONWEALTH ENGAGED IN RECKLESS INTJ:'tODUCTI.ON OF A PARTICULAR LINE OF QUESTIONING OF APPELLANT AT TRIAL REGARDING INFOfu\1ATlON THAT WAS CLEARLY … United States13 and its progeny, and that this qualifies him for some relief. This argument fails for several reasons.

Plum Hollow Hunting Club v. Dillman, L

Superior Court of Pennsylvania · Aug 9, 2016

To establish mistake wit must clearly appear by the testimony of witnesses who distinctly remember the facts that a mistake was made and that the writing does not express the agreement. … Super. 1998) ("In order to qualify as a bona fide purchaser, the subsequent buyer must be without notice of a prior equitable Interest.").

Com. v. Washington, A.

Superior Court of Pennsylvania · Jul 21, 2015

The jury was free to believe all, part or none of the evidence, and it clearly found the evidence to be credible and reliable. … The jury was free to believe all, part or none of the evidence, and it clearly found the evidence to be credible and reliable.

In Re: Adoption of: J.W., a Minor

Superior Court of Pennsylvania · Feb 22, 2018

“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. Super. 2008) (citation omitted). … Essentially it establishes a pattern that [M]other needs a high level of supervision in order to address the basic needs of the child.

In the Interest of: J.A., Appeal of: M.R.

Superior Court of Pennsylvania · Aug 6, 2019

Gallo, by claiming that he was not qualified to render an opinion on Mother’s parental capacity when, indeed, his testimony was that Mother had no apparent impediments to her capacity to parent[ … From the case record, such a disconnect is clearly traceable to the parties' pre- placement circumstances.

Hoover, T. v. Lewis, A. v. Cohen, L.

Superior Court of Pennsylvania · Feb 26, 2026

I am not qualified to do that, but will take under advisement the issue and timing of reunification counseling. … Considerations of stability and continuity clearly militate in favor of [M]aternal [G]randparents.

Com. v. Ramzee, M.

Superior Court of Pennsylvania · Aug 12, 2015

Appellant avers the PCRA court “failed to reconcile that case[]law establishes that what might otherwise be deemed an untimely [PCRA] [p]etition can nevertheless be characterized as timely for a reason expanding upon the … Accordingly, Defendant's reliance on these cases in support of his extension argument is clearly misplaced.2 2 Despite

Com. v. Calipo, J.

Superior Court of Pennsylvania · May 31, 2018

Rice was qualified as an expert in fire investigation, origin and cause detexmination. Tr. 2, pp. 89-93. … The record also, amply established Appellant intentionally started 'the fire to collect insurance for the loss. The jury found the evidence was sufficient to establish the fire was intentionally set.

Com. v. Thomas, M.

Superior Court of Pennsylvania · Feb 21, 2023

The defense presented the testimony of Marianne Hamel, M.D., who was qualified as an expert in forensic pathology. Id. at 107. She conducted the autopsy of K.B. in the Montgomery County Coroner's Office. … The proponent of the claim first bears the burden of establishing "some evidence" of taint. Id.

In the Interest of: Z.M.P., a Minor

Superior Court of Pennsylvania · Apr 16, 2018

Pennsylvania Rule of Evidence 702(c) states: “A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if . . . … Williams, “[I]f [Mother] was removed from [Child’s] life, he already has an established, healthy relationship. He’s been thriving in the care of [Paternal Grandmother].