lengthy analysis in Pennsylvania

2026Appellant argues that the statements that resulted violated both his Miranda[3] rights and his due process rights. ____________________________________________ 3 Miranda v. Arizona, 384 U.S. 436 (1966). -5- J-S31033-25 On September 14, 2023, the court held a lengthy hearing on Appellant’s motion.

2002NOTES [1] Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966) (holding that a defendant who is subject to custodial interrogation must be advised, in clear and unequivocal language, of his constitutional right to remain silent and his right to a lawyer). [2] Although Justice Castille's dissent goes through a lengthy analysis regarding its belief that Appellant was not "in custody" for purposes of Miranda , we note that the Commonwealth itself does not raise that argument and in fact, concedes in its brief that Appellant was in custody for purposes of Miranda.

2010Our holding in In re S.A. was also consistent with the Supreme Court’s decision in Addington v. Texas, 441 U.S. 418 , 99 S.Ct. 1804 , 60 L.Ed.2d 323 (1979), in which the Court held that the intermediate evidentia-ry standard of “clear and convincing evidence” satisfied the due process protections of the Fourteenth Amendment.

2010Our holding in In re S.A. was also consistent with the Supreme Court’s decision in Addington v. Texas, 441 U.S. 418 , 99 S.Ct. 1804 , 60 L.Ed.2d 323 (1979), in which the Court held that the intermediate evidentia-ry standard of “clear and convincing evidence” satisfied the due process protections of the Fourteenth Amendment.

2010After undertaking a lengthy analysis, which is unnecessary to reproduce here, we held that “Act 21 has a non-punitive purpose and non-punitive effect” and therefore “it does not constitute punishment.” Id. at 845 .

2010After undertaking a lengthy analysis, which is unnecessary to reproduce here, we held that "Act 21 has a non-punitive purpose and non-punitive effect" and therefore "it does not constitute punishment." Id. at 845 .

1967For a lengthy analysis and discussion of dictum, see Pew Trust, 411 Pa. 96, 104-105 , 191 A. 2d 399 .” “ This would allow both interim and additional compensation (commissions) out of income or principal or both, subject, however, to the provisions and exceptions contained in §4 of the Act.” “ The many bank mergers which have taken place will often increase these difficulties.” Under the Act of AprU 10, 1945, P. L. 189.

1967For a lengthy analysis and discussion of dictum, see Pew Trust, 411 Pa. 96, 104-105 , 191 A. 2d 399 .” “ This would allow both interim and additional compensation (commissions) out of income or principal or both, subject, however, to the provisions and exceptions contained in §4 of the Act.” “ The many bank mergers which have taken place will often increase these difficulties.” Under the Act of AprU 10, 1945, P. L. 189.

2023We concluded that “the trial court did not provide any analysis of how it arrived at the $2,300,000 valuation.” Camper I, supra at 8 .

2023At a minimum, the WCA has anticipated and foreclosed virtually any sort of negligence claim against an employer “on account of” a physical injury that occurs in the 46 Martin, 606 A.2d at 447. 47 Id. at 448 (citing McGinn v. Valloti, 525 A.2d 732 (Pa. Super. 1987) (similarly excluding “fraudulent concealment of diseases already developed” from WCA exclusivity)). [J-62-2022] - 15 workplace.

2017While Eighth Amendment comparative proportionality review is not constitutionally required, many states introduced it by statute “in an effort to limit jury discretion and avoid arbitrary and inconsistent results” following the United States Supreme Court’s decision in Furman v. Georgia, 408 U.S. 238 (1972) (determining that previous capital sentencing statutes were unconstitutional because they vested “unguided sentencing discretion in juries and trial judges”).

2007The last, and arguably most important, appellate court decision is Baumhammers, supra. In Baumhammers , the en banc Superior Court conducted a lengthy analysis of the language in Gene’s Restaurant, Weiner, and Grzeskiewicz .

2006We conducted a lengthy analysis of the "legal underpinnings" of the Rule, explaining that the language of the Rule was derived from Commonwealth v. Bosurgi, 411 Pa. 56 , 190 A.2d 304 (1963), in which this court devised a strategy for evaluating cases after Mapp v. Ohio, 367 U.S. 643 , 81 S.Ct. 1684 , 6 L.Ed.2d 1081 (1961).

2006We conducted a lengthy analysis of the "legal underpinnings" of the Rule, explaining that the language of the Rule was derived from Commonwealth v. Bosurgi, 411 Pa. 56 , 190 A.2d 304 (1963), in which this court devised a strategy for evaluating cases after Mapp v. Ohio, 367 U.S. 643 , 81 S.Ct. 1684 , 6 L.Ed.2d 1081 (1961).

2006We conducted a lengthy analysis of the "legal underpinnings" of the Rule, explaining that the language of the Rule was derived from Commonwealth v. Bosurgi, 411 Pa. 56 , 190 A.2d 304 (1963), in which this court devised a strategy for evaluating cases after Mapp v. Ohio, 367 U.S. 643 , 81 S.Ct. 1684 , 6 L.Ed.2d 1081 (1961).

2006We conducted a lengthy analysis of the "legal underpinnings" of the Rule, explaining that the language of the Rule was derived from Commonwealth v. Bosurgi, 411 Pa. 56 , 190 A.2d 304 (1963), in which this court devised a strategy for evaluating cases after Mapp v. Ohio, 367 U.S. 643 , 81 S.Ct. 1684 , 6 L.Ed.2d 1081 (1961).

2004Judge Wettick also engaged in a lengthy analysis of cases where our Supreme Court permitted wrongful death damages that were essentially in the nature of “loss of consortium.” One of the cases cited by Judge Wettick was Kiser v. Schulte, 538 Pa. 219 , 648 A.2d 1 (1994), where the Supreme Court stated: “Wrongful death damages are established for the purpose of compensating the spouse, children or parents of a deceased for pecuniary loss they have [suffered] as a result of the death of the decedent. . . .

2004Judge Wettick also engaged in a lengthy analysis of cases where our Supreme Court permitted wrongful death damages that were essentially in the nature of “loss of consortium.” One of the cases cited by Judge Wettick was Kiser v. Schulte, 538 Pa. 219 , 648 A.2d 1 (1994), where the Supreme Court stated: “Wrongful death damages are established for the purpose of compensating the spouse, children or parents of a deceased for pecuniary loss they have [suffered] as a result of the death of the decedent. . . .

2003The trial court also stated that "[t]he Commonwealth may not rely on Illinois v. Perkins, 496 U.S. 292 , 110 S.Ct. 2394 , 110 L.Ed.2d 243 (1990) to deny defendant relief.

2003The trial court also stated that "[t]he Commonwealth may not rely on Illinois v. Perkins, 496 U.S. 292 , 110 S.Ct. 2394 , 110 L.Ed.2d 243 (1990) to deny defendant relief.

1991Appellant also complains that the curative instruction given by the judge at the time the photographs were admitted did not comply with the “language contained in Commonwealth v. Garcia, 505 Pa. 304 , 479 A.2d 473 .” We are not certain to what language appellant is r eferring in the Garcia case, but we believe that the lengthy instruction of the court was more than sufficient. 9 .

1991Appellant also complains that the curative instruction given by the judge at the time the photographs were admitted did not comply with the “language contained in Commonwealth v. Garcia, 505 Pa. 304 , 479 A.2d 473 .” We are not certain to what language appellant is r eferring in the Garcia case, but we believe that the lengthy instruction of the court was more than sufficient. 9 .

1990When the Court in Kaufmann, after a lengthy analysis of substantial evidence as an appellate standard of review, stated that “the burden was upon [the relevant parties] to prove by substantial and legally credible evidence ... the real motive ...,” Id. at 405, 29 A.2d at 94 , 2 it was not attempting to state that substantial evidence is a standard to be applied at the fact finding level as well as the appellate level.

1988In an authoritative opinion authored by Justice Larsen, a majority of the supreme court held that the evidence was sufficient to support a finding of forcible compulsion or threat thereof. 1 After a lengthy analysis of the legislative history behind 18 Pa. C.S.A. § 3121 (rape), 18 Pa.C.S.A. § 3122 (statutory rape) and 18 Pa.C.S.A. § 3123 (involuntary deviate sexual intercourse), and a discussion of the common law offense of rape, the court held that the phrase “forcible compulsion” “connotes more than the exercise of sheer physical force or violence.” *425 As used by the legislature, the court

1988In an authoritative opinion authored by Justice Larsen, a majority of the supreme court held that the evidence was sufficient to support a finding of forcible compulsion or threat thereof. 1 After a lengthy analysis of the legislative history behind 18 Pa. C.S.A. § 3121 (rape), 18 Pa.C.S.A. § 3122 (statutory rape) and 18 Pa.C.S.A. § 3123 (involuntary deviate sexual intercourse), and a discussion of the common law offense of rape, the court held that the phrase “forcible compulsion” “connotes more than the exercise of sheer physical force or violence.” *425 As used by the legislature, the court

1987The Lehigh court relied, without analysis, on a recently filed opinion of this court, In Interest of 356 Pa.Super. 360 , 514 A.2d 899 (1986) (Cercone, J.), to support it’s legal conclusion that G.B.’s residence is in Bucks County.

1987The Lehigh court relied, without analysis, on a recently filed opinion of this court, In Interest of 356 Pa.Super. 360 , 514 A.2d 899 (1986) (Cercone, J.), to support it’s legal conclusion that G.B.’s residence is in Bucks County.

1967For a lengthy analysis and discussion of dictum, see Pew Trust, 411 Pa. 96, 104-105 , 191 A. 2d 399 ." [*] "This would allow both interim and additional compensation (commissions) out Or income or principal or both, subject, however, to the provisions and exceptions contained in § 4 of the Act." [*] "The many bank mergers which have taken place will often increase these difficulties." [**] Under the Act of April 10, 1945, P.L. 189. [*] And from Coulter Estate, 379 Pa. 209 , 108 A. 2d 681 , which was not referred to by the parties or by the Court below. [*] For the reason that such a practice w

1967For a lengthy analysis and discussion of dictum, see Pew Trust, 411 Pa. 96, 104-105 , 191 A. 2d 399 ." [*] "This would allow both interim and additional compensation (commissions) out Or income or principal or both, subject, however, to the provisions and exceptions contained in § 4 of the Act." [*] "The many bank mergers which have taken place will often increase these difficulties." [**] Under the Act of April 10, 1945, P.L. 189. [*] And from Coulter Estate, 379 Pa. 209 , 108 A. 2d 681 , which was not referred to by the parties or by the Court below. [*] For the reason that such a practice w

1967For a lengthy analysis and discussion of dictum, see Pew Trust, 411 Pa. 96, 104-105 , 191 A. 2d 399 ." [*] "This would allow both interim and additional compensation (commissions) out Or income or principal or both, subject, however, to the provisions and exceptions contained in § 4 of the Act." [*] "The many bank mergers which have taken place will often increase these difficulties." [**] Under the Act of April 10, 1945, P.L. 189. [*] And from Coulter Estate, 379 Pa. 209 , 108 A. 2d 681 , which was not referred to by the parties or by the Court below. [*] For the reason that such a practice w

1967For a lengthy analysis and discussion of dictum, see Pew Trust, 411 Pa. 96, 104-105 , 191 A. 2d 399 ." [*] "This would allow both interim and additional compensation (commissions) out Or income or principal or both, subject, however, to the provisions and exceptions contained in § 4 of the Act." [*] "The many bank mergers which have taken place will often increase these difficulties." [**] Under the Act of April 10, 1945, P.L. 189. [*] And from Coulter Estate, 379 Pa. 209 , 108 A. 2d 681 , which was not referred to by the parties or by the Court below. [*] For the reason that such a practice w

1967For a lengthy analysis and discussion of dictum, see Pew Trust, 411 Pa. 96, 104-105 , 191 A. 2d 399 ." [*] "This would allow both interim and additional compensation (commissions) out Or income or principal or both, subject, however, to the provisions and exceptions contained in § 4 of the Act." [*] "The many bank mergers which have taken place will often increase these difficulties." [**] Under the Act of April 10, 1945, P.L. 189. [*] And from Coulter Estate, 379 Pa. 209 , 108 A. 2d 681 , which was not referred to by the parties or by the Court below. [*] For the reason that such a practice w

1967For a lengthy analysis and discussion of dictum, see Pew Trust, 411 Pa. 96, 104-105 , 191 A. 2d 399 ." [*] "This would allow both interim and additional compensation (commissions) out Or income or principal or both, subject, however, to the provisions and exceptions contained in § 4 of the Act." [*] "The many bank mergers which have taken place will often increase these difficulties." [**] Under the Act of April 10, 1945, P.L. 189. [*] And from Coulter Estate, 379 Pa. 209 , 108 A. 2d 681 , which was not referred to by the parties or by the Court below. [*] For the reason that such a practice w