green
Positive treatment
Issue: weight of evidence claimPA ↗
Issue: appellant must raise claimPA ↗
Issue: reviews challengePA ↗
Quoted verbatim 1×
79.0 score
G Cite
cited 6× by 6 distinct cases, 2023–2026 ·
…whose duty it is to determine if the suppression court properly applied the law to the facts.
at p. 986
⚠ not in text
Treatment trajectory · 2019 → 2026 · click a year to view as-of
2019
2022
2026
Top citers, strongest first. 42 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
Com. v. Pryor, G.
photographs used in line-ups are not unduly suggestive if the suspect's picture does not stand out more than others, and the people depicted all exhibit similar facial characteristics.
discussed
Cited as authority (rule)
Com. v. Wolfe, N.
Where, as here, the appeal of the determination of the suppression court turns on allegations of legal error, the suppression court's legal conclusions are not binding on an appellate court, “whose duty it is to determine if the suppression court properly applied the law to the facts.” Thus, the conclusions of law of the courts below are subject to our plenary review. -5- J-A06012-26 Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019) (quotation omitted).
discussed
Cited as authority (rule)
Com. v. Francis, A.
Commonwealth v. Bishop, 266 A.3d 56, 63 (Pa. Super. 2021) citing Commonwealth v. Mbewe, 203 A.3d 983, 986-87 (Pa. Super. 2019). - 11 - J-S06037-26 J-S06038-26 Furthermore, an out-of-court identification resulting from a suggestive identification procedure may yet be admissible if the Commonwealth proves by clear and convincing evidence an independent basis for the identification.
discussed
Cited as authority (rule)
Com. v. Encarnacion, J.
(2×)
also: Cited "see"
However, once a trial court has denied suppression, a reviewing court “may consider only the evidence of the Commonwealth and so much of the evidence for the defense as remains uncontradicted when read in the context of the record as a whole.” Id. (quoting Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019)).
cited
Cited as authority (rule)
In the Int. of: N.H., Appeal of: N.H.
Commonwealth v. Mbewe, 203 A.3d 983, 986-87 (Pa. Super. 2019) (citations and quotation marks omitted).
examined
Cited as authority (rule)
Com. v. Woods, J.
(5×)
also: Cited "see"
Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019) (citation omitted).
cited
Cited as authority (rule)
Com. v. Ross, W.
Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019), quoting Commonwealth v. Kemp, 195 A.3d 269, 275 (Pa. Super. 2018).
cited
Cited as authority (rule)
Com. v. Medina, C.
Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019), quoting Commonwealth v. Kemp, 195 A.3d 269, 275 (Pa. Super. 2018).
cited
Cited as authority (rule)
Com. v. Brogden, K.
Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019).
cited
Cited as authority (rule)
Com. v. Azinger, M.
Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019), quoting Commonwealth v. Kemp, 195 A.3d 269, 275 (Pa. Super. 2018).
cited
Cited as authority (rule)
Com. v. Lower, D.
Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019), quoting Commonwealth v. Kemp, 195 A.3d 269, 275 (Pa. Super. 2018).
cited
Cited as authority (rule)
Com. v. Nieves-Crespo, V.
Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019) (citation omitted).
discussed
Cited as authority (rule)
Com. v. Neelan, R., Jr.
(2×)
also: Cited "see"
Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019) (quotation marks omitted).
cited
Cited as authority (rule)
Com. v. Santiago, J., Jr.
Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019), quoting Commonwealth v. Kemp, 195 A.3d 269, 275 (Pa. Super. 2018).
cited
Cited as authority (rule)
Com. v. Kitcey, S.
Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019) (internal citations and quotations omitted).
discussed
Cited as authority (rule)
Com. v. Connelly, S.
As this Court explained in Mbewe, “[s]uggestiveness in the identification process . . . alone does not warrant exclusion . . . unless the facts demonstrate that the identification procedure was so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification.” Mbewe, 203 A.3d at 986 (citations & quotation marks omitted).
cited
Cited as authority (rule)
Com. v. Kull, R.
Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019) (quotations and citations omitted).
cited
Cited as authority (rule)
Com. v. Boyd, J.
Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019) (quotation marks omitted), quoting Commonwealth v. Kemp, 195 A.3d 269, 275 (Pa. Super. 2018).
cited
Cited as authority (rule)
Com. v. Sledge, A.
Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019) (quotation marks omitted), quoting Commonwealth v. Kemp, 195 A.3d 269, 275 (Pa. Super. 2018).
cited
Cited as authority (rule)
Com. v. Boyce, S.
Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019) (internal citations, quotations, and indentation omitted).
discussed
Cited as authority (rule)
Com. v. Morris, D.
Where, as here, the appeal of the determination of the suppression court turns on allegations of legal error, the suppression court's legal conclusions are not binding on an appellate court, “whose duty it is to determine if the suppression court properly applied the law to the facts.” Thus, the conclusions of law of the courts below are subject to our plenary review. -6- J-S02017-23 Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019), quoting Commonwealth v. Kemp, 195 A.3d 269, 275 (Pa. Super. 2018).
discussed
Cited as authority (rule)
Com. v. Baker, M.
“Photographs used in line-ups are not unduly suggestive if the suspect’s picture does not stand out more than the others, and the people depicted all exhibit similar facial characteristics.” Commonwealth v. Mbewe, 203 A.3d 983, 986-87 (Pa. Super. 2019) (citation omitted); see Commonwealth v. Davis, 17 A.3d 390, 394 (Pa. Super. 2011) (holding that photo array was suggestive when it contained three photos, one of which was a third party already known to the witness, and the other an individual who appeared markedly different from the defendant).
cited
Cited as authority (rule)
In the Int. of: S.E., Appeal of: S.E.
Appellant’s Brief at 8. -4- J-A20020-22 Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019) (quotations and citations omitted).
cited
Cited as authority (rule)
Com. v. Nazeio, M.
Commonwealth v. Mbewe, 203 A.3d 983, 988 (Pa. Super. 2019) (quoting Commonwealth v. Jones, 191 A.3d 830 , 834–35 (Pa. Super. 2018)).
cited
Cited as authority (rule)
Com. v. Barker, D.
Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019) (quotation marks and citations omitted).
discussed
Cited as authority (rule)
Com. v. Washington, D.
“Photographs used in line-ups are not unduly suggestive if the suspect’s picture does not stand out more than the others, and the people depicted all exhibit similar facial characteristics.” Commonwealth v. Mbewe, 203 A.3d 983, 986-87 (Pa. Super. 2019) (citation omitted); see Commonwealth v. Davis, 17 A.3d 390, 394 (Pa. Super. 2011) (holding that photo array was suggestive when it contained three photos, one of which was a third party already known to the witness, and the other an individual who - 21 - J-S35038-21 appeared markedly different from the defendant).
cited
Cited as authority (rule)
Com. v. Bishop, T.
Commonwealth v. Mbewe, 203 A.3d 983, 986-87 (Pa.Super. 2019) (citations and quotation marks omitted).
cited
Cited as authority (rule)
Com. v. Grooms, K.
Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019) (quotations and citations omitted).
cited
Cited as authority (rule)
Com. v. Grooms, K.
Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019) (quotations and citations omitted).
cited
Cited as authority (rule)
Com. v. Shelton, R.
Commonwealth v. Mbewe, 203 A.3d 983, 987 (Pa.Super. 2019), citing Commonwealth v. Griffin, 65 A.3d 932, 935 (Pa.Super. 2013), appeal denied, 76 A.3d 538 (Pa. 2013).
cited
Cited as authority (rule)
Com. v. Ryan, R.
Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019) (quotations and citations omitted).
cited
Cited as authority (rule)
Com. v. Mosley, R.
Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019) (quotations and citations omitted).
discussed
Cited as authority (rule)
Com. v. Warren, D.
In order preserve a weight of evidence claim, an appellant must raise the claim “either in a post-sentence motion, by a written motion before sentencing, or orally prior to sentencing.” Commonwealth v. Mbewe, 203 A.3d 983, 988 (Pa. Super. 2019) (quoting Commonwealth v. Jones, 191 A.3d 830, 834 (Pa. Super. 2018) (citing Pa.R.Crim.P. 607(A)(1)-(3)).
cited
Cited as authority (rule)
Com. v. Dunkins, A.
Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa.Super. 2019) (citations and quotation marks omitted).
cited
Cited as authority (rule)
Com. v. Dunkins, A.
Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa.Super. 2019) (citations and quotation marks omitted).
cited
Cited as authority (rule)
Com. v. Benvenisti-Zarom, L.
Thus, the conclusions of law of the courts below are subject to our plenary review. -6- J-S61033-19 Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa.Super. 2019) (citations and quotation marks omitted).
cited
Cited as authority (rule)
Com. v. Benvenisti-Zarom, L.
Thus, the conclusions of law of the courts below are subject to our plenary review. -6- J-S61033-19 Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa.Super. 2019) (citations and quotation marks omitted).
cited
Cited as authority (rule)
Com. v. Grimes, H.
Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa.Super. 2019) (citations and quotation marks omitted).
discussed
Cited as authority (rule)
Com. v. Farley, E.
When this Court reviews a challenge to the denial of a suppression motion, we are limited to determining “whether the suppression court’s factual findings are supported by the record and whether the legal conclusions drawn from those facts are correct.” Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019).
cited
Cited as authority (rule)
Com. v. Sambana, J.
Commonwealth v. Mbewe, 203 A.3d 983, 986 (Pa. Super. 2019) (internal quotations and citations omitted).
cited
Cited "see"
Com. v. Guyer, P.
See Commonwealth v. Mbewe, 203 A.3d 983, 988 (Pa. Super. 2019); Commonwealth v. Sullivan, 820 A.2d 795, 806 (Pa. Super. 2003).
discussed
Cited "see, e.g."
Com. v. Delacruz, J.
See also Commonwealth v. Mbewe, 203 A.3d 983, 988 (Pa.Super. 2019) (“[A] challenge to the weight of the evidence must be raised with the trial judge [pursuant to Pa.R.Crim.P. 607] or it will be waived.” (cleaned up)); Pa.R.Crim.P. 607(A) (“A claim that the verdict was against the weight of the evidence shall be raised with the trial judge in a motion for a new trial: (1) orally, on the record, at any time before sentencing; (2) by written motion at any time before sentencing; or (3) in a post-sentence motion.”).
Retrieving the full opinion text from the archive…
COMMONWEALTH of Pennsylvania
v.
Mariusz D. MARCINKOWSKI
v.
Mariusz D. MARCINKOWSKI
No. 603 MAL 2018.
Supreme Court of Pennsylvania.
Mar 11, 2019.
203 A.3d 983
Published
PER CURIAM.
AND NOW, this 11th day of March, 2019, the Petition for Allowance of Appeal is DENIED.