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The database contains 4820 opinions issued by the Lycoming County Court of Common Pleas since 1999.

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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. Bean  (August 14, 2017Judge Dudley N. Anderson
Criminal:   Post-sentence motion; severance; claim of prejudice related to defense of consent for sex with two victims; proof of identity of defendant sufficient to defeat motion for judgment of acquittal; gaps in chain of custody of evidence affecting only weight and not admissibility of evidence; admissibility of evidence of claimed false sexual assault allegations previously made by complainant against someone else; sufficiency of evidence to establish obscene and other sexual materials and performances charges where definition of performance is not met; excessive sentence claim; public interest in protecting even those who make bad choices, such as prostitutes and heroin addicts.  (Bean081417a)  (Posted: Aug 14, 2017)

next Commonwealth vs. Johnson  (August 11, 2017Judge Marc F. Lovecchio
Criminal:   Appeal; manifestly excessive and unreasonable sentence claim; revocation of sentence of intermediate punishment; consideration of the protection of the public and defendant's rehabilitative needs; sentence within the standard guideline range.  (Johnson081117L)  (Posted: Aug 17, 2017)

next Commonwealth vs. Kennedy  (August 10, 2017Judge Marc F. Lovecchio
Criminal:   Suppression motion; credibility question about whether defendant waived his Miranda rights before or after being questioned.  (Kennedy081017L)  (Posted: Aug 17, 2017)

next Commonwealth vs.Jones  (August 10, 2017Judge Nancy L. Butts
Criminal:   Post conviction relief act petition; timeliness; jurisdiction to consider petitions to challenge the discretionary aspects of the sentence after the sentencing order becomes final; waiver for failure to raise an issue that could have been previously raised; eligibility for boot camp; retroactive application of Alleyne decision.  (Jones081017bt)  (Posted: Aug 10, 2017)

next Pysher vs. Clinton Township Volunteer Fire Co.  (August 9, 2017Judge Richard A. Gray
Administrative Appeal:   Appeal from Pa. Office of Open Records determination; applicability of Right to Know Laws to a volunteer fire company; de novo standard of review; collateral estoppel; standing to appeal a favorable determination; claim for attorney's fees.  (pysher080917g)  (Posted: Aug 10, 2017)

next Commonwealth vs. Barasky  (August 7, 2017Judge Marc F. Lovecchio
Criminal:   Suppression motion; trooper's comments to which defendant agreed; custodial interrogation.  (Barasky080717L)  (Posted: Aug 7, 2017)

next Commonwealth vs. Hall  (August 4, 2017Judge Marc F. Lovecchio
Criminal:   Motion for extraordinary relief; propriety of written motion; request for judgment of acquittal; consistency of guilty verdict on firearms charge with failure to reach verdict on homicide and assault charges.  (Hall080417L)  (Posted: Aug 5, 2017)

next Commonwealth vs. Cook  (August 4, 2017Judge Nancy L. Butts
Criminal:   Post conviction relief act petition; eligibility for relief; serving a term of sentence for conviction; defendant's mental health as after discovered exculpatory evidence.  (Cook080417bt)  (Posted: Aug 4, 2017)

next Commonwealth vs. Policastro  (August 3, 2017Judge Marc F. Lovecchio
Criminal:   Post conviction relief act petition; credit for time spent in custody prior to guilty plea and sentencing; state “parole hit” or “back time” on a prior case as a result of current conviction.  (Policastro080317L)  (Posted: Aug 7, 2017)

next Commonwealth vs. DiMarco  (August 2, 2017Judge Nancy L. Butts
Criminal:   Habeas corpus petition; witness intimidation charges; no testimony from witnesses allegedly intimidated by defendant's comments; prima facie case; evidence of an effort upon the part of defendant to encourage witnesses to give false and or misleading testimony.  (Dimarco080217bt)  (Posted: Aug 2, 2017)

next Commonwealth vs. Peterson  (August 2, 2017Judge Nancy L. Butts
Criminal:   Post sentence motion; unreasonable and excessive sentence; sentence at the bottom of the guideline range, and far below the maximum sentence available; sentencing discretion.  (Peterson080217bt)  (Posted: Aug 2, 2017)

next Southwestern Energy Production Company vs. Andarko E&P Onshore LLC, et. al.  (Juli 31, 2017Judge Dudley N. Anderson
Civil:   Summary judgment motion; quiet title action; tax sale; divestment of subsurface rights where the subsurface rights have been severed from the surface, but there has been no separate tax assessment of the subsurface rights; failure to report subsurface severance to taxing authorities; presumption that all actions, such as recording and assessing severed rights, that were required to be taken were taken; challenge to tax sale within initial two-year redemption period.  (Southwestern073117a)  (Posted: Jul 31, 2017)

next Commonwealth vs. Frierson  (Juli 28, 2017Judge Nancy L. Butts
Criminal:   Suppression motion; homicide case; request for an attorney in non custodial questioning situation extending to later custodial interrogation; knowing and voluntary waiver of Miranda rights; admissibility of voluntary statements not made in response to police questioning.  (Frierson072817bt)  (Posted: Jul 30, 2017)

next CP vs. RP  (Juli 26, 2017Judge Joy Reynolds McCoy
Divorce:   Appeal; enforcement of property settlement agreement; exception to the general rule that mediation documents are privileged; intent of parties to consider document labeled "draft" as binding, final agreement; ambiguity; look beyond four corners of the document; admissibility of testimony of mediator.  (cp072617m)  (Posted: Jul 27, 2017)

next Commonwealth vs. Carpenter  (Juli 24, 2017Judge Marc F. Lovecchio
Criminal:   Motion to admit certain statements; Tender Years Act; 4 year old victim unavailable for purposes of testimony; admissibility of testimonial hearsay statements; child's testimony at trial; nontestimonial hearsay; testimony by contemporaneous alternative methods.  (carpenter072417L)  (Posted: Jul 24, 2017)

next Commonwealth vs. West  (Juli 24, 2017Judge Marc F. Lovecchio
Criminal:   Habeas corpus motion; sufficiency of the evidence of conspiracy to distribute marijuana; agreement; prima facie case of criminal use of a communications where phone was in defendant's vehicle where he had access to it; constructive possession of drugs; intent to distribute inferred from cash, drugs and phones in vehicle.  (West072417L)  (Posted: Jul 24, 2017)

next Commonwealth vs. Bradshaw  (Juli 20, 2017Judge Marc F. Lovecchio
Criminal:   Motion to reconsider sentence; credit for only time spent incarcerated; discretion to make sentences for two crimes consecutive; significant prior criminal history.  (Bradshaw072017L)  (Posted: Jul 20, 2017)

next Commonwealth vs. Green  (Juli 20, 2017Judge Marc F. Lovecchio
Criminal:   Post conviction hearing act petition; excessive sentence claim; waiver; plea agreement; applicability of guidelines to maximum sentence; discretionary review of negotiated sentence; calculation of prior record score.  (Green072017L)  (Posted: Jul 20, 2017)

next Commonwealth vs. Jacobs  (Juli 20, 2017Judge Marc F. Lovecchio
Criminal:   Motion to quash treated as a habeas corpus petition; prima facie case; actual or constructive evidence of possession; close proximity to item; motion for funds for private investigator; articulated substantial basis for appointing an investigator.  (jacobs072017L)  (Posted: Jul 20, 2017)

next Commonwealth vs. Johnson  (Juli 18, 2017Judge Nancy L. Butts
Criminal:   Nunc pro tunc post-conviction relief act petition; doctrine of equitable tolling; appeal rights; ineffective assistance of counsel for failing to call a witness; prejudice.  (Johnson071817bt)  (Posted: Jul 18, 2017)

next Commonwealth vs. Kellam  (Juli 18, 2017Judge Nancy L. Butts
Criminal:   Suppression motion; vehicle stop for window tint violation; timeframe for vehicle stop; reasonable suspicion; validity of the consent search; burden of establishing that a consent is the product of an essentially free and unconstrained choice; probable cause for search.  (Kellam071817bt)  (Posted: Jul 18, 2017)

next LH vs. RL, Jr.  (Juli 14, 2017Judge Richard A. Gray
Custody:   Venue change petition; custody case; inconvenient forum under the circumstances; young child who splits time between Williamsport and South Dakota.  (LH071417g)  (Posted: Aug 10, 2017)

next Commonwealth vs. Bennett  (Juli 14, 2017Judge Marc F. Lovecchio
Criminal:   Post conviction relief act petition; waiver of claims by pleading guilty; knowing, voluntary and intelligent plea.  (Bennett071417L)  (Posted: Jul 20, 2017)

next Commonwealth vs. West  (Juli 14, 2017Judge Nancy L. Butts
Criminal:   Suppression motion; vehicle stop for window tint violation; driving on a suspended license violation; reasonable suspicion for dog sniff search; objective nexus between actual drug activity and the officer’s suspicion of that activity.  (West071417bt)  (Posted: Jul 15, 2017)

next Commonwealth vs. Lambert  (Juli 14, 2017Judge Marc F. Lovecchio
Criminal:   Appeal; sufficiency and weight of evidence of hindering apprehension; evidence of knowledge of an underlying crime; lies evidencing consciousness of guilt; boilerplate allegations of error.  (Lambert071417L)  (Posted: Jul 20, 2017)

next Commonwealth vs. Cooley  (Juli 13, 2017Judge Nancy L. Butts
Criminal:   Post conviction relief act petition; ineffective assistance of counsel; merit of potential suppression motion; search of defendant parolee's home based on money orders for large sums made out to defendant found in another parolee's home; prejudice to defendant; rational decision by counsel.  (Cooley071317bt)  (Posted: Jul 15, 2017)

next Commonwealth vs. Girardi  (Juli 13, 2017Judge Nancy L. Butts
Criminal:   Habeas corpus petition; prima facie case of burglary and criminal trespass where defendant was in possession of stolen gun and a door had been jimmied; corpus delecti of crime where stolen gun had not been found; hearsay statements establishing prima facie case; suppression motion; probable cause for phone record search warrant; information from confidential informant; informant coerced into wearing a wire; validity of waiver of Miranda rights were defendant is not told of an open arrest warrant for the crime; knowledge of nature of criminal investigation.  (Girardi071317bt)  (Posted: Jul 15, 2017)

next Commonwealth vs. Koch  (Juli 11, 2017Judge Nancy L. Butts
Criminal:   Appeal.  (Koch071117bt)  (Posted: Jul 15, 2017)

next Commonwealth vs. Borgess  (Juli 11, 2017Judge Nancy L. Butts
Criminal:   Habeas corpus petition; involuntary manslaughter and reckless endangerment charges related to leaving a child in a hot car; prima facie case; disregarding a substantial and unjustifiable risk that death would result from behavior; allowing oneself to forget where consequences would be grave.  (Borgess071217bt)  (Posted: Jul 15, 2017)

next Commonwealth vs. McCloskey  (Juli 11, 2017Judge Nancy L. Butts
Criminal:   Appeal.  (McCloskey071117bt)  (Posted: Jul 15, 2017)

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