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The database contains 4778 opinions issued by the Lycoming County Court of Common Pleas since 1999.

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All opinions 2017 only

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DISCLAIMER - The opinions posted on this site are submitted directly by the Lycoming County Court of Common Pleas. All opinions submitted by the court are posted in the form received, and the Lycoming Law Association is not responsible for the content of any opinion or the decision to post any opinion, as all opinions received from the court are posted without editing or otherwise altering their content.  Any concerns regarding a posted opinion should be directed to the Judge who issued the opinion as the Association will not alter or remove an opinion without court direction.

(Opinions are listed in reverse chronological order)

next Commonwealth vs. Faison  (June 23, 2017Judge Richard A. Gray
Criminal:   Petition for post-conviction relief; ineffective assistance of counsel; failure to file suppression motion; use of pen register to track a fugitive; search of apartment; misstatement of fact in affidavit of probable cause; reasonable basis for trial strategy; waiver of issues not litigated.  (Faison062317g)  (Posted: Jun 23, 2017)

next Commonwealth vs. Hammaker  (June 22, 2017Judge Marc F. Lovecchio
Criminal:   Appeal; waiver for failure to file rule 1925 statement; sentencing alternatives upon revocation of state intermediate punishment sentence; unduly harsh and excessive sentence; substance dependence; choice not to be rehabilitated.  (Hammaker062217L)  (Posted: Jun 23, 2017)

next Commonwealth vs. Price  (June 21, 2017Judge Marc F. Lovecchio
Criminal:   Appeal of discretionary aspects of his sentence; probation violation; mental health and substance abuse issues; protection of the community; multiple criminal convictions.  (price062117L)  (Posted: Jun 23, 2017)

next Commonwealth vs. McCloskey  (June 19, 2017Judge Nancy L. Butts
Criminal:   Post conviction relief act petition; claim of ineffective trial counsel due to interference with defendant's right to testify and right to make a knowing, intelligent, and voluntary decision on whether or not to testify; timeliness; arguable merit of claim; reasonably designed strategy; prejudicing right to fair trial.  (McCloskey061917bt)  (Posted: Jun 20, 2017)

next Commonwealth vs. Spencer  (June 19, 2017Judge Marc F. Lovecchio
Criminal:   Appeal; sufficiency and weight of evidence of defendant's identity in aggravated assault case involving a shooting; waiver of issues not raised with the trial judge; verdict shocking the court's conscience; admissibility of taped conversations of defendant discussing possible guilty plea with members of his family; confessions of guilt.  (Spencer061917L)  (Posted: Jun 20, 2017)

next Commonwealth vs. Shoemaker  (June 19, 2017Judge Marc F. Lovecchio
Criminal:   Post conviction relief act petition; defendant's misconception that he was sentenced under repealed statute.  (Shoemaker061917L)  (Posted: Jun 20, 2017)

next VG vs. LG  (June 15, 2017Judge Richard A. Gray
Custody:   Petition to intervene; standing to seek custody of child; parties in loco parentis; loss of status of in loco parentis due to the passage of time; best interests of the child.  (VG061517g)  (Posted: Jun 23, 2017)

next Commonwealth vs. Miller  (June 8, 2017Judge Nancy L. Butts
Criminal:   Post conviction relief act petition; warrantless breath tests; coerced consent resulting from officer’s warnings of enhanced criminal penalties; retroactive effect of Birchfield v. North Dakota; change in constitutional criminal procedure.  (Miller060817bt)  (Posted: Jun 8, 2017)

next In the interest of RK, a minor  (June 8, 2017Judge Joy Reynolds McCoy
Criminal:   Suppression motion; evidence obtained from backpack in the Juvenile’s bedroom; revocation of consent to search; probable cause for warrantless search; lack of arrest; exigent circumstances.  (InReRK060817m)  (Posted: Jun 12, 2017)

next Commonwealth vs. Howell  (June 8, 2017Judge Marc F. Lovecchio
Criminal:   Post conviction relief act petition; improper advice by counsel because of no notification of consequences; license suspension as a collateral civil consequence of a criminal conviction.  (Howell060817L)  (Posted: Jun 16, 2017)

next Commonwealth vs. LaRochelle  (June 8, 2017Judge Marc F. Lovecchio
Criminal:   Appeal; weight and sufficiency of evidence.  (Larochelle060817L)  (Posted: Jun 16, 2017)

next Commonwealth vs. Confer  (June 7, 2017Judge Nancy L. Butts
Criminal:   Appeal; supplemental Pa.R.A.P. 1925(a) opinion setting forth the rationale and basis for incorporating an ancillary matter into the criminal proceedings.  (Confer060717bt)  (Posted: Jun 7, 2017)

next Commonwealth vs. Bodle  (June 6, 2017Judge Richard A. Gray
Criminal:   Fourth petition for post-conviction relief; timeliness; claims previously litigated or deemed waived; bald claims not linked to any facts; claims waived for lack of development; viability of tender years finding.  (bodle060617g)  (Posted: Jun 10, 2017)

next Commonwealth vs. Horn  (June 6, 2017Judge Marc F. Lovecchio
Criminal:   Post conviction relief act petition; timeliness; waiver of recusal claim by failing to request recusal at the appropriate time; entitlement to credit for time served on probation; sentencing considerations.  (Horn060617L)  (Posted: Jun 6, 2017)

next Ward vs. Lycoming Housing Authority  (June 5, 2017Judge Richard A. Gray
Civil, Administrative Appeal:   Agency appeal; de novo hearing; false or misleading information on application concerning prior subsidized housing; denial for misrepresentation of information related to eligibility.  (ward060517g)  (Posted: Jun 10, 2017)

next Commonwealth vs. Barto  (June 2, 2017Judge Marc F. Lovecchio
Criminal:   Appeal; due process rights under Brady v. Maryland; preserving issue for appeal; waiver of issues not in the post conviction relief act petition; disclosure of documentation held by other agency; admissible bad acts evidence against investigating officer.  (Barto060217L)  (Posted: Jun 3, 2017)

next Commonwealth vs. Gusev  (June 2, 2017Judge Marc F. Lovecchio
Criminal:   Suppression motion; cell phone search; consent to use phone; unfortunate timing of incriminating text message.  (gusev060217L)  (Posted: Jun 3, 2017)

next Commonwealth vs. Matlosz  (May 31, 2017Judge Marc F. Lovecchio
Criminal:   Commonwealth’s Motion in limine; prior bad acts evidence; evidence of common scheme, plan or design, and intent and absence of mistake or accident; similarity of offenses; potential for unfair prejudice.  (Matlosz053017L)  (Posted: May 30, 2017)

next SAM vs. KSM  (May 30, 2017Judge Joy Reynolds McCoy
Divorce:   Appeal; contempt for failure to comply with periodic equitable distribution payment order; “double-dip” by using same income to calculate child support, APL, and a mortgage contribution; relitigation of previously decided issue; issue properly addressed by motion to modify child support obligation based on changed circumstances; lump sum payment; award of attorney fees on finding of contempt.  (sam053017m)  (Posted: May 31, 2017)

next Commonwealth vs. Bond  (May 29, 2017Judge Marc F. Lovecchio
Criminal:   Suppression motion; probable cause to search; reasonable suspicion; plain feel doctrine; investigatory detention; non-custodial incriminating statements regarding use of marijuana; habeas corpus petition; prima facie case of possession with intent to deliver.  (Bond052917L)  (Posted: May 30, 2017)

next Commonwealth vs. Martin  (May 23, 2017Judge Marc F. Lovecchio
Criminal:   Appeal; forfeiture by wrongdoing of hearsay and confrontation rights; witness appearing at trial pursuant to a material witness warrant; waiver of objection at trial; withdrawal of rights to confront and to assert a hearsay objection; claimed Commonwealth misconduct in the ex parte communication with president judge to have trial judge assigned; required prejudice; motion for judgment of acquittal; sufficiency of evidence of burglary, robbery, aggravated assault, conspiracy and theft and receiving stolen property; Commonwealth's use of the term “pistol-whipped”; lay opinion testimony on how in her experience Instagram was used; relevance of testimony that defendant owned a gun where he was charged with using a gun to assault someone; authenticity of the photographs from Instagram; circumstantial evidence of authenticity; accomplice liability instruction.  (Martin052317L)  (Posted: May 24, 2017)

next Bausch vs. Orso, Casale & Bonner, PC, Semo, Hinkle and Recla  (May 16, 2017Judge J. Michael Williamson, Specially Presiding
Civil:   Motion for compulsory nonsuit; Dragonetti Act claim; favorable termination; case resolved by settlement of co-defendant; complaint filed as a result of significant consideration and supported by probable cause; lack of negligence; abuse of process claim; evidence that suit filed for designed purpose, which purpose was partially achieved; existence of fiduciary relationship.  (bausch051617W)  (Posted: Jun 15, 2017)

next Commonwealth vs. Tallent and Rute  (May 16, 2017Judge Nancy L. Butts
Criminal:   Suppression motion; vehicle search; probable cause to believe a crime had occurred; totality of circumstances.  (Tallent051617bt)  (Posted: May 22, 2017)

next Commonwealth vs. Smith  (May 15, 2017Judge Richard A. Gray
Criminal:   Guilty plea withdrawal motion before sentencing; prejudice; bare assertion of innocence as a fair and just reason for withdrawal.  (smith051517g)  (Posted: May 27, 2017)

next Commonwealth vs. Poust  (May 15, 2017Judge Nancy L. Butts
Criminal:   Motion to dismiss based upon discriminatory prosecution; failure of mandatory reporter to report sex abuse claim; purposeful discrimination.  (Poust051517bt)  (Posted: May 22, 2017)

next Commonwealth vs. West  (May 12, 2017Judge Marc F. Lovecchio
Criminal:   Nunc pro tunc pretrial motion; previous motion dismissed for non-appearance of defendant; excuse for non-appearance.  (West051217L)  (Posted: May 12, 2017)

next Commonwealth vs. Hall  (May 11, 2017Judge Marc F. Lovecchio
Criminal:   Commonwealth's motion in limine; expert testimony regarding eye witness identification; discretion of court; relevancy; timeliness of production of expert report where no discovery request was served; knowledge possessed by average lay person; scope of expert opinion.  (Hall051117L)  (Posted: May 12, 2017)

next Commonwealth vs. Koch  (May 11, 2017Judge Nancy L. Butts
Criminal:   Pro se motion for relief nunc pro tunc; constitutionality of sexual offender registration requirement; pending Supreme Court cases on registration statute's violation of the ex post facto clause of the Pennsylvania constitution; decision deferred.  (Koch051117bt)  (Posted: May 12, 2017)

next Commonwealth vs. Dacenzo  (May 11, 2017Judge Nancy L. Butts
Criminal:   Appeal.  (Dacenzo051117bt)  (Posted: Jun 8, 2017)

next Commonwealth vs. Hopkins  (May 10, 2017Judge Richard A. Gray
Criminal:   Motion to dismiss firearms charges for violating constitutional right to bear arms; waiver for untimely filing; waiver of severance issue; discretion of the court to sever where there is prejudice for the jury to hear evidence on all the counts.  (hopkins051017g)  (Posted: May 27, 2017)

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