Case law

Decker, E. v. Decker, B.

Superior Court of Pennsylvania · Jun 21, 2022

During the summer, the court established an alternating weekly schedule with exchanges on Sundays at 6:00 p.m. The trial court also established a visitation and holiday schedule. … Mother’s motivation is clearly for her own comforts and those of her husband and not in any way related to the best interests of the [C]hildren.

Stanley, S. v. Hendershot, N.

Superior Court of Pennsylvania · May 18, 2018

In view of the Petition and the rights of the beneficiaries to defend the 2013 Will, the Memorandum is crucial to the record, since it would qualify as a codicil ratifying the 2013 Will and expanding upon … Specifically, 20 Pa.C.S. § 2701(a) provides: (a) Establishment of contract.

Universal Steel Buildings v. Reagan, P.

Superior Court of Pennsylvania · Nov 8, 2019

Rather, she made general references to the UTPCPL but did not explicitly plead why she qualified for protection under the statute. … However, she clearly provided other notice which gave the seller, Universal notice in notifying the transport company that she did not intend to accept delivery (exhibit 10) and in refusing to accept

Com. v. Chairmonte, J.

Superior Court of Pennsylvania · Feb 27, 2018

We must look to all the evidence to establish intent, including, but not limited to, appellant’s conduct as it appeared to his eyes. … Pa.R.E. 702 incorporates the Frye standard and now governs the admissibility of expert testimony and scientific facts in Pennsylvania.11 Rule 702 states: A witness who is qualified as an expert by knowledge, skill

Com. v. Selenski, H.

Superior Court of Pennsylvania · Aug 11, 2016

Therefore, even if the first two prongs have been established, a defendant must establish that he was prejudiced by the failure to disclose. See Commonwealth v. … During the offer of proof defense counsel references previous court orders requiring the Commonwealth to disclose "any promises of leniency, immunity, any sort of benefits".

Com. v. Williams, M.

Superior Court of Pennsylvania · Jul 21, 2016

Patrick was qualified as an expert witness in drug analysis and the clean-up of of hazardous materials from methamphetamine laboratories. She authored two laboratory reports. In the first one, Ms. … Failure to establish any prong of [this test, which is known as the] Strickland/Pierce test will defeat an ineffectiveness claim. Commonwealth v.

In Re: Trust of E.M. Bullock

Superior Court of Pennsylvania · Nov 28, 2023

When he expressed his dissatisfaction, the co-trustees “reclassified the cabin under the cabin exemption so they didn’t have to qualify for the Pennsylvania Building Code.” Id. … Property, which was the primary intent of the Decedent in establishing the Trust

Com. v. Aguilar-Urbina, M.

Superior Court of Pennsylvania · May 21, 2025

Additionally, counsel must file a brief that meets the requirements established in Santiago, namely: (1) provide a summary of the procedural history and facts, with citations to the record; (2) refer to anything … Therefore, this issue is clearly frivolous. See Lemanski, 529 A.2d at 1097.

Com. v. Montgomery, J.

Superior Court of Pennsylvania · Jan 23, 2017

Crabtree testified as an expert in this matter, and he stated that in his expert opinion, the Appellant did not qualify as an SVP. Dr. … Because Appellant has failed to establish that his claim has any legal merit, he cannot demonstrate that trial counsel was ineffective.

S.M. v. M.M., Jr.

Superior Court of Pennsylvania · May 18, 2021

There was much discussion about “tickling” sessions that Tutay recommended, which M.M. did not like and which clearly backfired. See id. at 61-62. … He has done all that can be done in this Commonwealth to establish that he should be a part of Children’s lives.

Com. v. Malone, T.

Superior Court of Pennsylvania · Dec 14, 2020

It is well established any issue not raised in a Rule 1925(b) statement will be deemed waived for appellate review. See Lord, 719 A.2d at 309. … A trial court has wide discretion in phrasing its jury instructions, and can choose its own words as long as the law is clearly, adequately, and accurately presented to the

L.D.E. v. T.O.

Superior Court of Pennsylvania · Apr 29, 2025

Mother admitted to conduct that certainly would qualify as corporal punishment[ (see id. at 30, 162)], but the [trial] court found [Mother’s] testimony credible that it was not excessive punishment, and … Child clearly had been informed about the court matters and had been told a self-serving story [by Father] about what had happened, and not a truthful one.

Com. v. Davis, G.

Superior Court of Pennsylvania · Oct 19, 2016

Super. 2005) (noting that, although “[m]ental illness is clearly a factor that may be considered in sentencing … it does not mandate a modification or reduction in any sentence that would or could be imposed.”). … DeFields stated that he had been qualified as an expert in firearms identification and ballistics in state and federal court in Philadelphia.

Com. v. Williams, J.

Superior Court of Pennsylvania · Nov 28, 2016

At trial, Corporal ·Elias was qualified and testified as an expert in firearms and tool mark examination. [N.T., 10/21/2014 p. 283]. … Hellman was qualified and testified as an expert in the field of forensic pathology. [N.T., 10/22/2014 p.188]. Dr.

In Re: Estate of Grahek, J., Appeal of: Grahek, D.

Superior Court of Pennsylvania · Apr 27, 2017

Wells Fargo.Bank(hereinafter "Trustee") served as Trustee of two trusts established by Joseph L. Grahek'. … Objectants strongly oppose the establishment of thfa reserve, in .that.

Com. v. Kelly, M.

Superior Court of Pennsylvania · Sep 12, 2022

Defendant's claim is clearly contrary to the record, and he has failed to prove that his claim is even of arguable merit. His counsel was therefore not ineffective. … The transcript shows that the Court clearly informed the Jury that mere presence alone does not render a person an accomplice.

Com. v. Bradshear, R.

Superior Court of Pennsylvania · Dec 30, 2016

different floor from the appellant’s basement room where he slept and where his mail was found) was a small gun of the type that are commonly marketed to women, and was properly registered to her and was clearly … In addition, we note that the facts and circumstances established by the Commonwealth need not preclude every possibility of innocence.

In the Interest of: J.A., Appeal of: C.A.

Superior Court of Pennsylvania · Aug 6, 2019

R.A.P. 1701(c) (emphasis added) qualifies this by decreeing that '[wlhere only a particular item, claim or assessment adjudged in the matter is involved in an appeal. .. the appeal .or … From the case record, such a disconnect is clearly traceable to the parties' pre- placement circumstances.

KE.B.-W. v. J.W.

Superior Court of Pennsylvania · Aug 16, 2017

Katz’s testimony does not qualify as an objection to “character evidence” that is subject to Rule 404. Neither Father nor Dr. Katz claimed that Dr. … This clearly was error. . . .

Com. v. Gudino, A.

Superior Court of Pennsylvania · Jul 3, 2018

i.pui establish intent or knowledge. These exceptions are well -established in Pennsylvania common law. Corn. v. Kinard, 95 A.3d 279 (Pa. Super. Ct. 2014). … To determine whether the asserted theory qualifies [as a non -character -based theory of logical relevance], the trial judge must trace the entire chain of inferences underlying the theory.