Commonwealth vs. Moore
3.22.2023
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie evidence of drug delivery resulting in death; circumstantial evidence of defendant's connection with decedent about acquiring drugs and her
contemporaneous death
(Moore032223bt)
(Posted: March 23rd 2023)
Criminal:
Petition to transfer to juvenile court; weight to be given to statutory factors for decertification; age of defendant and sufficiency of time to address all rehabilitative needs; amenability to treatment, supervision, and rehabilitation
(Gadson030823t)
(Posted: March 23rd 2023)
Criminal:
Appeal pf sexually violent predator designation; waiver of issues for lack of specificity; finding of pedophilic disorder based on a single admitted incident
(Morehart030323bt)
(Posted: March 23rd 2023)
Commonwealth vs. Johnson
3.14.2023
Nancy L. Butts
Criminal:
Suppression motion; probable cause for vehicle stop; technical violation of vehicle code; articulable grounds necessary for canine sniff; length of detention; consent to search vehicle by non-driver owner
(Johnson031423bt)
(Posted: March 16th 2023)
Civil:
Preliminary objections; demurrer to contract and unjust enrichment counts; claim that, as a result of COVID 19, school provided a materially different product, which
deprived plaintiffs of the benefit of the bargain for which they had already paid; sufficiency of written statements by a college referencing "comprehensive, hands-on technical education" to plead an objective, written expression of school's intent to contract for in-person education; viability of speaking demurrer; pleading an implied contract as an alternative theory to the existence of an express contract; viability of claim for attorney's fees under the American Rule
(lawson031323Li)
(Posted: March 13th 2023)
KS Adoption
2.22.2023
Ryan M. Tira
Adoption:
Agency petition for involuntary termination of parental rights; parent attends visits and demonstrates love and affection for the children in the six months prior to the filing of petition; failure to perform parental duties for at least six months; duties of parent for child in foster care; indicated child abuse reports; inability to remedy incapacities; existence of bond between child and parent; failure to attend bonding assessment
(AdoptionofKS022223t.pdf)
(Posted: March 8th 2023)
LS Adoption
2.22.2023
Ryan M. Tira
Adoption:
Agency petition for involuntary termination of parental rights; parent attends visits and demonstrates love and affection for the children in the six months prior to the filing of petition; failure to perform parental duties for at least six months; duties of parent for child in foster care; indicated child abuse reports; inability to remedy incapacities; existence of bond between child and parent; failure to attend bonding assessment
(AdoptionLS022223t.pdf)
(Posted: March 8th 2023)
Commonwealth vs. Smith
2.22.2022
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence of possession with intent to deliver a controlled substance; testimony of purchasers of drugs identifying defendant as seller; suppression motion; probable cause for vehicle stop because of tinted windows; reasonable suspicion of criminal activity to arrest; probable cause for search warrant of car and cell phone; fair probability that contraband or evidence of a crime will be found
(Smith022823bt)
(Posted: March 1st 2023)
Commonwealth vs. Bowen
2.22.2023
Ryan M. Tira
Criminal:
Suppression of evidence; moot issues; return of property with no evidentiary value; disclosure of recorded prison calls to prosecutor pursuant to subpoena; consent to calls being recorded and divulged; reasonable expectation of privacy; premature request for disclosure of bad acts evidence; discovery of written policies of the Narcotics Enforcement Unit
(Bowen022723t)
(Posted: March 1st 2023)
Commonwealth vs. Golden
2.23.2023
Ryan M. Tira
Criminal:
Suppression motion; probable cause to stop vehicle; reasonable suspicion of criminal activity to warrant detention; observation of numerous glassine bags in context of information of prior criminal history regarding narcotics; reasonableness of canine sniff search; compelling discovery; premature filing of motion to preclude evidence of prior bad acts; severance of persons not to possess charge
(Golden022323t)
(Posted: February 26th 2023)
DKM Adoption
2.23.2023
Ryan M. Tira
Adoption:
Agency petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; parent missing supervised visits and showing inappropriate behavior when she does visit; parent with drug and alcohol problems with failed treatment; failure to use recommended services; existence of bond between child and parent; bond with foster parents
(DKM022323t)
(Posted: February 26th 2023)
Alexander vs. Washington
2.13.2023
Eric R. Linhardt
Civil:
Petition for permission to file appeal of MDJ judgment nunc pro tunc; lack of notice of hearing
(alexander021323Li)
(Posted: February 23rd 2023)
Commonwealth vs. Bower
2.10.2023
Nancy L. Butts
Criminal:
Post conviction relief act petition; eligibility for relief where sentence has already been served; timeliness of petition; jurisdiction of the court; petitioner's misinterpretation of plea agreement; authority of trial court over computation by Department of Corrections of credit for time served and
minimum and maximum dates
(bower021023bt)
(Posted: February 23rd 2023)
Commonwealth vs. Strouse
2.14.2023
Eric R. Linhardt
Criminal:
Post conviction relief act petition; knowing and voluntary guilty plea; affirmative misinformation from counsel; need for evidentiary hearing on claim that defendant requested counsel to file a motion for reconsideration of sentence
(strouse021423Li)
(Posted: February 15th 2023)
Commonwealth vs. Sabur
1.25.2023
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; exceptions to time requirement; new case law claimed as newly discovered facts; retroactive application of new constitutional right; jurisdiction of the court
(Sabur012523bt)
(Posted: February 13th 2023)
Civil:
Preliminary objections; demurrer based on gist of the action doctrine; contract claim in "negligence clothing"; striking general allegations of negligence; claim for attorney's fees based upon common law contract claim or common law negligence; punitive damages; amending the complaint to attempt to assert viable claims
(AK Welding020123C)
(Posted: February 3rd 2023)
Civil:
Motions in limine; precluding defendants from denying negligence or causation and to preclude expert testimony; stipulation or admission rendering collateral facts irrelevant to issues before jury; jury determination of whether experts misrepresented facts; necessity of evidence of negligence on question of life expectancy; relevance of the specific mechanism of death to emotional and psychological harm and damages; precluding late produced expert report; prejudice; relevance of evidence of remarriage of spouse of decedent; permitting an acknowledgment by defendants at trial that they are sympathetic to the plaintiff's loss
(cusick013023Li)
(Posted: January 30th 2023)
Civil:
Preliminary objections; proper venue in case against business entity; regularly conducting business; quantity and quality of acts performed in county; incidental purchase of inventory in Lycoming County
(Morehart012523C)
(Posted: January 25th 2023)
Civil:
Motion seeking leave to file cross claims; tardiness of a proposed amendment; prejudice to the non-moving party that a continuance will not remedy
(Reynolds012523C)
(Posted: January 25th 2023)
Commonwealth vs. Holly
1.4.2023
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence of sexual abuse of children where defendant claims he did not know the age of the victim; suppression motion; probable cause for warrant for search of cell phone; independent source doctrine; proof of inevitable discovery; search warrant overbreadth
(Holly010423bt)
(Posted: January 24th 2023)
Commonwealth vs. Coleman
1.19.2023
Kenneth D. Brown
Criminal:
Post conviction relief act petition; claimed judicial involvement in plea negotiations; prejudice to defendant; typographical error in transcript of jury charge entitling defendant to new trial; testimony about statement made by defendant during lie detector test, where test was not referenced in the testimony
(coleman011923br)
(Posted: January 24th 2023)
Commonwealth vs. Stuart
1.24.2023
Ryan M. Tira
Criminal:
Post-sentence motion; coordinate jurisdiction rule precluding the overruling of suppression decision; factual basis for expert testimony; admissibility of serology records under business record exception to hearsay rule; admissibility of video statement of defendant; admissibility of prison conversation between defendant and wife; reasonable expectation of privacy; qualification of psychologist to testify as expert if not board certified; reasonable pretension to specialized knowledge on the subject under investigation; weight of evidence; sufficient evidence to establish simple assault; claimed excessive sentence
(Stuart012423t)
(Posted: January 24th 2023)
Civil:
Preliminary objections to new matter; scandalous and impertinent allegations that do not bear on the elements of the claim; specificity of allegations to establish reliance on misrepresentations
(McHarris011823Li)
(Posted: January 20th 2023)
AL Adoption
1.18.2023
Ryan M. Tira
Adoption:
Agency petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; parent showing inability to care for child; parent's mental health issues; existence of bond between child and parent
(AdoptionAL011823t)
(Posted: January 20th 2023)
Commonwealth vs. Hall
1.12.2023
Nancy L. Butts
Criminal:
Suppression motion; sufficiency of affidavit to establish probable cause for search warrant; no evidence that individual involved in controlled drug buy had a connection to the property to be searched
(Hall011223bt)
(Posted: January 13th 2023)
Dodson v UPMC
1.9.2023
Eric R. Linhardt
Civil:
Motions for summary judgment; standards applicable to medical malpractice claim; necessity of medical expert opinion to demonstrate elements of cause of action; difference between opinion sufficient to support a certificate of merit and that necessary to withstand summary judgment; sufficiency of evidence that any particular doctor or health care provider caused harm or how that harm arose.
(dodson010923Li)
(Posted: January 10th 2023)
Commonwealth vs. Butler
1.9.2023
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case of endangering welfare of children; knowledge of homeowner that children in his household were being mistreated; sufficiency of evidence of obstruction where investigators were misdirected about the whereabouts of missing children
(Butler1923b)
(Posted: January 10th 2023)
Commonwealth vs. Moore
1.6.2023
Nancy L. Butts
Criminal:
Motion to dismiss pursuant to rule 600; Commonwealth burden to prove that it acted with due diligence; calculation of excludable delay
(Moore010623bt)
(Posted: January 8th 2023)
AH & DH Adoptions
12.13.2022
Ryan M. Tira
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; parent showing, at most, a passive interest in children; no existing bond
(AdoptionAHandDH121322t)
(Posted: January 3rd 2023)
Commonwealth vs. Mincey
12.7.2022
Nancy L. Butts
Criminal:
Motion for reconsideration of denial of post conviction relief act petition; jurisdiction of the court; timeliness of attempt to assert the newly discovered evidence exception, where the evidence should have or was previously known; attempt to assert newly recognized constitutional right exception where case cited does not establish such a right and the case is not to be applied retroactively; previously litigated issues
(Mincy12722b)
(Posted: January 2nd 2023)
Benson Estate
12.30.2022
Eric R. Linhardt
Wills and Estates:
Non-jury trial; petition to return assets to estate; application of the Dead Man's Act; voidable transfers under the uniform act; sufficiency of evidence of decedent's acts to effectuate his intent to transfer assets, prior to death
(Benson123022Li)
(Posted: December 30th 2022)
Civil:
Motion to vacate stay of eviction and dismiss appeal; lack of service of the appeal notice; attempted service after filing of motion to dismiss appeal; good cause shown for reinstatement of appeal from MDJ decision
(Stonekey121222Li)
(Posted: December 29th 2022)
Civil:
Preliminary objections; mandamus action to compel issuance of sewage system permit; compliance with unappealed zoning hearing board decision; failure to exhaust statutory remedies; futility of appeal
(Morgenfruh122822Li)
(Posted: December 29th 2022)
Administrative Appeal:
Land use appeal; standard applicable to interpretation of zoning ordinance; Regulatory Flood Elevation requirements; defining "new construction" in context of addition to building; ambiguous language in ordinance; deference afforded to township interpretation of its ordinance; remedial measures
(Branton122822Li)
(Posted: December 29th 2022)
Civil:
Motion in limine to confirm crossclaim; objection to indemnification claim on the eve of trial; sufficiency of crossclaim to raise the defense of contractual rather than common law indemnification; waiver of objection to defense where contractual indemnity defense is not specifically raised; waiver of failure to state a claim defense; applicability of common law indemnification to party who has active negligence
(cosentine122822Li)
(Posted: December 29th 2022)
Civil:
Preliminary objections; demurrer to contract claim; alleged breach of COVID-19 testing procedures; arbitrary and uneven application of tournament rules, regulations and procedures
(needvile122822Li)
(Posted: December 29th 2022)
Civil:
Motion in limine to prevent expert from testifying; late production of report; prejudice; qualifications of expert established by MCARE Act; expert who is familiar with the specific standard of care at issue; admissibility of surgeon's opinion on who has responsibility to prevent fires in the operating theater; cumulative or corroborative evidence
(Evans12272022C)
(Posted: December 27th 2022)
Callaghan, Kriger, Giampapa, Travis, Probst, Barr vs. Williamsport Area School District, Baer, Penman, Derr, Dixon, Lake; Nibble, Poole, Reeves and Welteroth
12.22.2022
William P. Carlucci
Civil:
Preliminary objections; public nuisance of school playground; individual liability of school board director; interference with the standard of comfort of locality
(Callaghan122222C)
(Posted: December 25th 2022)
Civil:
Preliminary objections; striking new matter that incorporates expert reports rather than retyping contents of expert reports; disregarding any error or defect of procedure which does not affect the substantial rights of the parties
(Evans122122C)
(Posted: December 22nd 2022)
Stroble Estate
12.20.2022
Eric R. Linhardt
Wills and Estates:
Petition to establish paternity and for declaratory judgment; authority to compel genetic testing in estate claim; broad authority of court to resolve questions of paternity either at the request of a claimant or sua sponte; allowing a court to compel unwilling parents of a putative father to provide a sample of blood for genetic testing; invasion of privacy; effect of acknowledgment of paternity on effort by child to establish paternity of another person
(stroble122022Li)
(Posted: December 20th 2022)
Civil:
Preliminary objections; contract claim against non-party to agreement; interpretation of contract term allowing dismissal of employee who was involved in criminal activity in sole discretion of employer; good faith basis for determination; acquittal as raising factual issue of involvement in criminal activity
(rinker121922Li)
(Posted: December 19th 2022)
Civil:
Preliminary objections; availability of punitive damages in contract and Unfair Trade Practices and Consumer Protection Law claims; reckless, indifferent, willful, wanton, oppressive, or outrageous conduct; pleading notice of bed bug infestation; recoverability of attorney's fees; American rule; statutory authorization for award of fees
(skillman121922Li)
(Posted: December 19th 2022)
Commonwealth vs. Alford
12.15.2022
Nancy L. Butts
Criminal:
Post-conviction relief act petition; timeliness; jurisdiction; factual support for application of exceptions to time limits; voluntariness of decision not to testify at trial; court colloquy regarding waiver of right to testify
(Alford121522b)
(Posted: December 17th 2022)
Administrative Appeal:
Right-to-know law appeal; request for digital copy of the ClearVote Cast Vote Record file for every precinct; exception to public inspection for digital equivalent of contents of ballot boxes; standing of Lebanon County resident to inspect Lycoming County election records; intervention of Lycoming County electors and Pennsylvania Department of State; statutory interpretation; constitutional right to secrecy in voting; definition of voting machine; electronic voting system; determination of what constitutes "contents"; ambiguous statutory language; legislature's likely intent; narrow construction of law designed to promote access to official government information; deliberate legislative choice to not widen exception to public access; weight of opinion of agency charged with statute's execution and application; random record of ballot results; stay pending appeal
(honey121622Li)
(Posted: December 17th 2022)
Commonwealth vs. Travers
12.9.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction; failure to meet eligibility requirements for Recidivism Risk Reduction Incentive (RRRI)
(Travers120922bt)
(Posted: December 10th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction; conclusory allegation of awareness of invalidity and illegality of plea; eligibility for relief when no sentence is being served
(Nottingham12922bt2)
(Posted: December 10th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction; conclusory allegation that witness's testimony was
previously not known despite the exercise of due diligence; applicability of newly-recognized constitutional right exception; eligibility for relief when no sentence is being served
(Nottingham120922bt)
(Posted: December 10th 2022)
Commonwealth vs. Orner
12.6.2022
Nancy L. Butts
Criminal:
Motion to withdraw guilty plea; fair and just reason; assertion that minor victim of sexual offenses is unwilling to testify
(Orner120622b)
(Posted: December 6th 2022)
Civil:
Preliminary objections; claimed scandalous and impertinent averments; materiality of averments in the complaint to support the cause of action; claim for attorney fees; American rule; alleged willful and wanton conduct supporting imposition of attorney fees; sufficiency of allegations to support causes of action for interference with the use of easement and trespass upon property rights in the easement; mere inconvenience
(evelhari120622Li)
(Posted: December 6th 2022)
Civil:
Non-jury trial; declaratory judgment action related to the duties of the county controller; statutory construction; interpretation of County Code; employees necessary for county officer to perform required functions; controller acting as check on the commissioner's overseeing of the fiscal affairs of the county; consent of controller to remove employees; propriety of use of Declaratory Judgment Act
(rogers120122leete)
(Posted: December 6th 2022)
Commonwealth vs. Maggs
11.8.2022
Ryan M. Tira
Criminal:
Motion to permit testimony by contemporaneous alternative method and motion to admit out of court statements; evidence that the child may experience emotional distress if she is required to testify in front of her father, her alleged abuser; applicability of Tender Years Hearsay Act; time, content, and circumstances of out of court statement providing sufficient indicia of reliability; availability of child as a witness
(maggs110822t)
(Posted: December 5th 2022)
Sampson vs. Hartzell
11.16.2022
Eric R. Linhardt
Civil:
Motion to open judgment of non pros for failure to file certificate of merit in medical malpractice case; timeliness of motion; reasonable explanation or legitimate excuse for failure to comply with rule; impact of pro se status; failure to take any steps to comply with the rules
(sampson111622li)
(Posted: December 5th 2022)
Commonwealth vs. Bean
11.29.2022
Dudley N. Anderson
Criminal:
Post conviction relief act petition; jurisdiction; timeliness; insufficient facts to establish interference by government
officials or newly discovered facts; failure to identify government officials or how they interfered with petition; fishing expedition for records to support after discovered evidence claim
(bean112922a)
(Posted: December 5th 2022)
Civil:
Preliminary objections to credit card collection complaint; failure to plead written agreement that established interest rates; interest rate cap at legal rate of interest in Pennsylvania; validity of verification of recovery representative to statements made in the complaint
(Holt112322t)
(Posted: December 5th 2022)
Williams vs. Dunlap
12.1.2022
William P. Carlucci
Civil:
Preliminary objections; scandalous and impertinent matter; pleading plea of nolo contendere in criminal case for the same incident
(Williams120122C)
(Posted: December 4th 2022)
Civil:
Summary judgment motion; liability of company for failure to monitor employee's use of a company vehicle; company duty to the public to ensure its vehicles are not used in a reckless manner; fact issue of permissive use; vicarious liability for negligent entrustment of company vehicle; scope of employee's employment as a fact question for jury; knowledge of potential that someone would use a vehicle; reckless conduct as a matter of law; award of punitive damages as a matter of law
(shultz120222Li)
(Posted: December 4th 2022)
Civil:
Motions for summary judgment; contract claim where a material issue of fact remains regarding whether full payment by owner is a condition precedent for payment to subcontractor and where there is claim of defective performance; factual issues related to payment under Pa. Contractor and Subcontractor Payment Act and required notice; reliance on representations of intent to cure; factual issues concerning tort claims about defective plans and damages therefor; factual issues related to whether enrichment was unjust; contract interpretation; waiver of timeliness requirement by acceptance of late performance; effect of no oral modification language; entitlement to recoupment; use of expert reports to demonstrate factual issues for trial
(Reynolds112322C)
(Posted: November 28th 2022)
Civil:
Preliminary objections; punitive damages claims for corporate negligence constituting outrageous conduct in nursing home case; numerous issues of a similar nature occurring consistently over nearly two years of plaintiff's residence; alleged deliberate understaffing
(mertz112122Li)
(Posted: November 21st 2022)
Cuneo vs. UPMC
11.10.2022
Eric R. Linhardt
Civil:
Petition to open judgment of non pros and for reconsideration of order striking it; defect on the face of the record; necessity of a certificate of merit; required procedure where plaintiff does not believe a certificate of merit is required; attempt to avoid filing motion to determine necessity of a certificate of merit by using footnote on a certificate; loss of right to contest non pros by failing to timely motion to determine necessary certificate of merit; need for a certificate of merit for claims of physical and sexual assault in a hospital setting; breach of professional standards governing hospital employees; application of rules 126 and 3051 to certificate of merit procedures; reasonable explanation or legitimate excuse for failure to rectify deficient certificate of merit; preliminary objection; blending causes of action for vicarious liability and corporate negligence
(Cuneo11102022Li)
(Posted: November 13th 2022)
Civil:
Preliminary objections; demurrer to claim that defendant negligently designed and constructed premises where there are only allegations that defendant had a duty to inspect, maintain, repair, control, supervise and/or oversee the
premises and to warn of and correct any hazardous conditions; distinction between construction and maintenance
(Bryan110722Li)
(Posted: November 8th 2022)
Administrative Appeal:
Appeal of decision of the Office of Open Records to right-to-know request denial; motion to compel discovery; applicability of rules of civil procedure; requirements of due process; inherent authority of court to order a form of discovery; discretion as to appropriate scope of discovery; facilitating efficient resolution of issues
(stroehmann110222Li)
(Posted: November 3rd 2022)
Civil:
Motions for summary judgment; breach of contract claim; issues of material fact as to contract interpretation; causes of action and defenses pleaded in the alternative; viability of liquidated damages claim; sufficiency of expert reports to support negligent misrepresentation claim; contributory negligence, as a matter of law
(Lobar110322C)
(Posted: November 3rd 2022)
Civil:
Preliminary objection raising question of actual possession of the disputed property; determination of proper form of action as between action to quiet title or ejectment; characteristics of an owner's use of property
(Okkelberg102422L)
(Posted: October 24th 2022)
JRK Adoption
10.21.2022
Ryan M. Tira
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(AdoptionJRK102122t)
(Posted: October 24th 2022)
Commonwealth vs. DeGarmo
9.17.2021
Nancy L. Butts
Criminal:
Appeal; sufficiency of evidence to convict of intent to solicit sex from a child, based on sexually suggestive communications; deletion of messages as establishing consciousness of guilt; sentencing discretion; proportionality of sentence in conflict with underlying conduct
(Degarmo091721bt)
(Posted: October 17th 2022)
Commonwealth vs. Holly
8.11.2021
Nancy L. Butts
Criminal:
Suppression motion; voluntariness of waiver of Miranda rights; ambiguous or equivocal request for attorney; undue governmental pressure
(Holly081121bt)
(Posted: October 17th 2022)
Commonwealth vs. Knight
9.24.2021
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court
(Knight092421bt)
(Posted: October 17th 2022)
Commonwealth vs. Taylor
9.23.2021
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court
(Taylor092321bt)
(Posted: October 17th 2022)
Commonwealth vs. White
8.16.2021
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case; sufficiency of evidence of possession or transfer of drugs; use of hearsay evidence
(White081621bt)
(Posted: October 17th 2022)
Criminal:
Suppression motion; warrantless search of property; consent to presence of police in residence; protective sweep where defendant already in custody; statements made in an
interview with police following request for an attorney
(Staten-Chambers073021BT)
(Posted: October 16th 2022)
Commonwealth vs. Dorsey
8.11.2021
Nancy L. Butts
Criminal:
Motion to return property; initial burden to establish entitlement to property; motion supported by incomplete record
(Dorsey081121bt)
(Posted: October 16th 2022)
Commonwealth vs. Williams
7.16.2021
Nancy L. Butts
Criminal:
Suppression motion; probable cause for search of vehicle; mere encounter becoming an investigative detention upon questioning about marijuana; car and phones were searched as a direct result of the lack of proper storage of medical marijuana; voluntariness of consent to search; coercive explanation of options regarding search
(Williams071621bt)
(Posted: October 16th 2022)
Commonwealth vs. Derr
1.10.2022
David C. Klementik, Senior Judge
Criminal:
Habeas corpus petition; sufficiency of evidence of unsworn falsification and tampering with public records; police officer obstructing administration of law by failing to arrest criminals due to sexual relationships
(Derr011022k)
(Posted: October 15th 2022)
Commonwealth vs. Derr
1.10.2022
David C. Klementik, Senior Judge
Criminal:
Habeas corpus petition; sufficiency of evidence of unlawful use of computer to access JNET database, unrelated to a criminal investigation; improper motives for obtaining information; motion to dismiss; statute of limitations
(Derr011121klementik)
(Posted: October 15th 2022)
Commonwealth vs. Brown
12.17.2021
Nancy L. Butts
Criminal:
Post conviction relief act petition; issue previously litigated in the Superior Court; delay of trial due to his own attorney's illness
(Brown121721bt)
(Posted: October 15th 2022)
Commonwealth vs. Hoskins
6.27.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court
(Hoskins062722bt)
(Posted: October 15th 2022)
Commonwealth vs. Johnson
3.14.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Johnson031422bt)
(Posted: October 15th 2022)
Commonwealth vs. Erwin
3.25.2022
Nancy L. Butts
Criminal:
Motion to withdraw guilty plea; fair and just reason; assertion of innocence on one of several charges; liberal allowance of withdrawal motions prior to sentencing
(Erwin032522bt)
(Posted: October 15th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(O'Donnell071422bt)
(Posted: October 15th 2022)
Commonwealth vs. West
6.6.2022
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence of cruelty to animals where obviously sick dogs were not provided timely veterinary care
(West060622bt)
(Posted: October 15th 2022)
Commonwealth vs. Lampley
7.12.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; eligibility for relief; sentence already completed
(Lampley071222bt)
(Posted: October 15th 2022)
Commonwealth vs. Gruss
7.13.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Gruss071322bt)
(Posted: October 15th 2022)
Commonwealth vs. Logan
8.23.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; coerced guilty plea; credibility of claims
(Logan082322bt)
(Posted: October 14th 2022)
Commonwealth vs. Johnson
9.19.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction
(Johnson091922bt)
(Posted: October 14th 2022)
Commonwealth vs. Hall
10.13.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Hall101322bt)
(Posted: October 14th 2022)
Commonwealth vs. Strano
10.4.2022
Nancy L. Butts
Criminal:
Motion to dismiss pursuant to rule 600; calculation of excludable time; excusable delay; availability of trial days outside of control of Commonwealth
(Strano100422bt)
(Posted: October 14th 2022)
In re Best
10.4.2022
Nancy L. Butts
Civil:
Appeal; jurisdiction of the court; standing to pursue motion to return property; collateral attacks on other proceedings
(Best100422bt)
(Posted: October 14th 2022)
Commonwealth vs. Young
10.3.2022
Nancy L. Butts
Criminal:
Suppression motion; reasonableness of extension of traffic stop after traffic offenses to commence drug investigation; totality of circumstances; warrantless search based on coerced consent; search as exploitation of prior illegality; proof that a consent is product of an essentially free and unconstrained choice – not the result of duress or coercion; fruit of the poisonous tree doctrine; warrant based on illegal search
(Young100322bt)
(Posted: October 12th 2022)
Commonwealth vs. Martin
10.4.2022
Nancy L. Butts
Criminal:
Suppression motion; probable cause or reasonable suspicion to conduct traffic stop; duty of driver to signal when turning from a parking lot; collective knowledge doctrine; statements constituting fruit of the poisonous tree
(Martin100422bt)
(Posted: October 12th 2022)
Commonwealth vs. Rudinski
9.19.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffectiveness of counsel for failure to request bill of particular to establish alibi defense to downloading child pornography where information already in possession of trial counsel; prejudice; reasonable basis for failure to call alibi witnesses
(Rudinski091922bt)
(Posted: October 12th 2022)
Commonwealth vs. Askey
10.6.2022
Nancy L. Butts
Criminal:
Motion for suppression of statements; Miranda rights; questions asked during normal course of arrest; marijuana in plain sight during arrest
(Askey100622bt)
(Posted: October 12th 2022)
Civil:
Motion to assert cross claims and affirmative defenses resulting from partial settlements; conscious strategy decision to forgo any cross claims; manifest prejudice of allowing cross claims after parties have completed discovery and exchanged expert reports, and the matter is ripe for trial.
(Evans101022c)
(Posted: October 10th 2022)
Commonwealth vs. Prokop
10.4.2022
Ryan M. Tira
Criminal:
Appeal; sentencing discretion; consideration of prior history and pattern of criminal behavior, as well as need for services available at state correctional facility
(Prokop100422t)
(Posted: October 10th 2022)
Civil:
Preliminary objections to joinder complaint; duty owed by successor counsel to predecessor counsel; circumstances under which an additional defendant may be liable with or liable for indemnity; joinder for sole liability where allegations contained in the joinder complaint relate
to different harms to be proven with different evidence as to different occurrences happening at different times; forcing plaintiffs to sue their attorney using rule 2252
(EarlyBird100722Li)
(Posted: October 9th 2022)
Civil:
Motion for partial summary judgment; contract interpretation; waiver of no oral modification clause; genuine issue of material fact for trial; assessment of trial evidence
(salvatore100422c)
(Posted: October 4th 2022)
Civil:
Motion for permission to file appeal of MDJ decision nunc pro tunc; jurisdiction of court; discretion to allow a late appeal; fraud or breakdown of court operation; required elements of proof; emergency hospitalization; acting with sufficient promptness; showing of attempt to file within the applicable time
(baines100422Li)
(Posted: October 4th 2022)
Civil:
Motion for protective order/to compel; discovery where issue of class certification is open pending decision on preliminary objections; discretion to limit scope of discovery
(lawson100322Li)
(Posted: October 4th 2022)