lack warning in Pennsylvania

2020See Commonwealth v. Stossel, 17 A.3d 1286, 1290 (Pa. Super. 2011).

2020See Commonwealth v. Stossel, 17 A.3d 1286, 1290 (Pa. Super. 2011).

2020A Grazier hearing is required before we may adjudicate an appeal even when it is clear from the record that a particular appellant “clearly and unequivocally indicates a desire to represent himself,” Commonwealth v. Robinson, 970 A.2d 455, 459-60 (Pa. Super. 2009) (en banc), and even -3- J-S65019-19 when neither of the parties challenged the lack of a hearing.

2020Pursuant to Grazier, 713 A.2d at 82 , “[w]hen a waiver of the right to counsel is sought at the . . . appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.” A Grazier hearing is required before we may adjudicate an appeal even when it is clear from the record that a particular appellant “clearly and unequivocally indicates a desire to represent himself,” Commonwealth v. Robinson, 970 A.2d 455, 459-60 (Pa. Super. 2009) (en banc), and even when neither of the parties challenged the lack of a hearing.

2021Barton v. Lowe's Home Centers, Inc., 124 A.3d 349, 354-55 (Pa. Super. 2015) (internal citations and some quotation marks omitted). -6- J-A04035-21 defective because it did not clarify that “each use” included checking the pins and platform each time the user climbed off the platform.

2021Barton v. Lowe's Home Centers, Inc., 124 A.3d 349, 354-55 (Pa. Super. 2015) (internal citations and some quotation marks omitted). -6- J-A04035-21 defective because it did not clarify that “each use” included checking the pins and platform each time the user climbed off the platform.

2016However, Benito provides no support for his contention that the mere fact of the parties’ marriage' grants him automatic license to enter the victim’s domicile over her emphatic objection. ■ In its brief, the Commonwealth notes that a lack of privilege may be found from the surrounding circumstances, Commonwealth v. Gordon, 329 Pa.Super. 42 , 477 A.2d 1342, 1348 (1984), and highlights the following facts: (1) L.C.- was the sole person on the lease and controlled who could enter; (2) Benito left his key in the apartment when he traveled to Connecticut; (3) L.C. spoke to Benito while he was in C

2016However, Benito provides no support for his contention that the mere fact of the parties’ marriage' grants him automatic license to enter the victim’s domicile over her emphatic objection. ■ In its brief, the Commonwealth notes that a lack of privilege may be found from the surrounding circumstances, Commonwealth v. Gordon, 329 Pa.Super. 42 , 477 A.2d 1342, 1348 (1984), and highlights the following facts: (1) L.C.- was the sole person on the lease and controlled who could enter; (2) Benito left his key in the apartment when he traveled to Connecticut; (3) L.C. spoke to Benito while he was in C

2015“To succeed on a claim of inadequate or lack of warning, a plaintiff must prove that the lack of warning rendered the product unreasonably dangerous and that it was the proximate cause of the injury.” Id.

2014French v. Commonwealth Associates, Inc., 980 A.2d 623, 632 (Pa.Super. 2009) (quoting Weiner v. American Honda Motor Co., Inc., 718 A.2d 305, 307-08 (Pa.Super. 1998)) (some internal citations omitted). as a matter of law, even where the plaintiff presents evidence tending to Schindler v. Sofamor, Inc., 774 A.2d 765, 773 (Pa.Super. 2001), appeal denied, 567 Pa. 727 , 786 A.2d 989 (2001). -8- J-A17011-14 must prove that the lack of warning rendered the product unreasonably dangerous and that it was the proxima French, supra at 632 (quoting Weiner, supra at 309 ). [I]t must be demonstrated that th

2002The Superior Court in Janicik indicated that an affidavit of counsel that it will advance the necessary costs may be all that is required to support a finding on this factor, id. at 459-GO, and, while there is no mention of such an affidavit here, the lack of a challenge is sufficient for us to hold that Appellants met their burden on this factor.

2002The Superior Court in Janicik indicated that an affidavit of counsel that it will advance the necessary costs may be all that is required to support a finding on this factor, id. at 459-60, and, while there is no mention of such an affidavit here, the lack of a challenge is sufficient for us to hold that Appellants met their burden on this factor.

1998O’Neill v. Checker Motors Corp., 389 Pa.Super. 430 , 567 A.2d 680, 682 (1989).

1998O’Neill v. Checker Motors Corp., 389 Pa.Super. 430 , 567 A.2d 680, 682 (1989).

1995Greiner v. Volkswagenwerk Aktiengesellschaft, 540 F.2d 85 (3rd Cir. 1976).

1987In Pennsylvania, liability for failure to warn exists where the lack of a warning is “unreasonably dangerous and the proximate cause of the accident.” Greiner v. Volkswagenwerk Aktiengeselleschaft, 540 F.2d 85, 96-97 (3rd Cir.1976).

2026The incongruity between the majority’s attempt to circumvent Barnyak for a lack of analysis and its own failure to present legal authority to support that principle is telling. -7- J-S22029-25 exchanges “coupled with the absence by Appellant of any claim of prejudice because of the communication, convinces us that this claim is without merit.” Id. at 169 (emphasis added).

2026Id. at 571-72 (quotation marks and citation omitted); see also Commonwealth v. Carmenates, 266 A.3d 1117, 1124 (Pa. Super. 2021) (en banc) (“Knowledge of the right to refuse to consent to the search is a factor to be taken into account, but the Commonwealth is not required to demonstrate such knowledge as a prerequisite to establishing voluntary consent.”).

2026See Raymond, supra; S.S., supra; Tucker, supra. Accordingly, we affirm.

2026Id. at 571-72 (quotation marks and citation omitted); see also Commonwealth v. Carmenates, 266 A.3d 1117, 1124 (Pa. Super. 2021) (en banc) (“Knowledge of the right to refuse to consent to the search is a factor to be taken into account, but the Commonwealth is not required to demonstrate such knowledge as a prerequisite to establishing voluntary consent.”).

2025See Rivera, 296 A.3d at 1161-62 n.19; see also Commonwealth v. Turner, 454 A.2d 537 (Pa. 1982) (remanding due to admission of prejudicial evidence despite trial judge providing curative instruction). 15 See Trial Court Opinion, 2/26/24, at 7-8 (stating it was informed by counsel that complained-of segments would be muted). - 15 - J-S36011-24 refusal to provide a cautionary instruction or declare a mistrial was an abuse of discretion.

2024See Commonwealth v. Ross, 57 A.3d 85 , 96–97 (Pa. Super. 2012) (en banc) (“This Court does not rely on items dehors the record, such as assertions in an appellate brief or a trial court opinion.”) We simply cannot effectively review the denial of an improperly filed motion when combined with the lack of a hearing that was never requested by Sledge.

2024See Commonwealth v. Ross, 57 A.3d 85 , 96–97 (Pa. Super. 2012) (en banc) (“This Court does not rely on items dehors the record, such as assertions in an appellate brief or a trial court opinion.”) We simply cannot effectively review the denial of an improperly filed motion when combined with the lack of a hearing that was never requested by Sledge.

2023See R.J.S., 901 A.2d at 516 (holding that remand is proper where the evidence of record is insufficient to permit an assessment of the emotional bonds between parent and children).

2022See A.V., 87 A.3d at 822-23 (holding that “there is no required amount of detail for the trial court’s explanation; all that is required is that the enumerated factors are considered and that the custody decision is based on those considerations”). - 15 - J-S27033-22 with Mother’s attempts to limit Father’s time with [Child] . . . points to an effort to limit Father’s parenting to [Child’s] detriment.” Father’s Brief at 26.

2021In re R.D., 44 A.3d 657, 674 (Pa. Super. 2012).