Earley vs. Gould-Earley
6.29.2022
Eric R. Linhardt
Divorce:
Exceptions to master's report; determination of date of separation; de novo review; master's determination of credibility; cessation of cohabitation; communication of intent to live separately
(earley062922Li)
(Posted: June 29th 2022)
Civil:
Motion to exclude expert testimony; expert opinion expressed to reasonable degree of certainty; motions for summary judgment; fiduciary duty and duty of loyalty; need for expert testimony on breach of fiduciary duty with respect to valuation of company; reasonableness of use of book value to value company stock; new legal theory raised after expiration of statute of limitations; enlargement of a previously-pied theory; viability of discovery rule; viability of civil conspiracy claim when plaintiffs have failed to establish damages; failure of proof that assets were diverted
(williams062922Li)
(Posted: June 29th 2022)
Civil:
Petition to compel production of corporate records; determination of location of corporate electronic records stored "in the cloud," without an established physical location in Pennsylvania, for purposes of compliance with statute allowing shareholder to inspect corporate records located within Pennsylvania; jurisdiction of court to compel production of records of foreign corporation
(Edenfiled062722Li)
(Posted: June 27th 2022)
Civil:
Motions in limine; relevance of plaintiff's counsel's newspaper campaigns or history of nursing home litigation or advertisements; relevance of actions of plaintiff's attorney's firm in previous cases; use of evidence not produced in discovery; argument that plaintiff's verdict would adversely affect healthcare costs or limit access to healthcare. relevance of evidence of understaffing, undersupplying or underbudgeting to inadequate supervision claim remaining in the case; determination of admissibility of hearsay statements without hearing the factual predicate established by the testimony; admissibility of evidence regarding problems at other care facilities or with the long-term care system generally; relevance of Department of Health surveys to issues of notice and knowledge related to failure to develop or enforce adequate policies and training; qualifications of expert to testify to standard of care under MCARE Act; prejudice of using terms; "fraud," "abuse," "neglect," "recklessness," or "oppressive behavior"; admissibility of evidence concerning reimbursement from CMS, Medicare, Medicaid, or any other governmental reimbursement program; use of transcripts of depositions of witnesses from other cases to refresh the recollection of the same witnesses in present case; motion for trifurcation to separate claims of medical professional negligence,
corporate negligence and punitive damages; issues likely to confuse or prejudice jury; testimony of caregivers who did not care for decedent on issues of corporate negligence or punitive damages
(stetts062722Li)
(Posted: June 27th 2022)
Wise vs. Wise
6.23.2022
Eric R. Linhardt
Family:
Preliminary objections to protection from abuse petition; question of personal jurisdiction over South Carolina resident for alleged abuse that occurred in South Carolina; burden of proof; defendant's purposeful direction of activities to Pennsylvania with regularity; Pennsylvania's interest in protecting plaintiff from a nonresident; complicating factor of litigating custody in South Carolina
(wise062322Li)
(Posted: June 26th 2022)
Civil:
Preliminary objections; specificity of contract claim; failure to attach the contract to the complaint; elements of a contract claim; unilateral alteration of COVID-19 protocols prior to Little League tournament; offer and acceptance of unilateral offer to alter terms of relationship; detrimental reliance; ability of the court to interpret contract that is not attached to the complaint
(Needville062422Li)
(Posted: June 26th 2022)
Civil:
Summary judgment motions; deed interpretation; determination of whether language excepting and reserving mineral rights was merely copied or incorporated into subsequent deeds; statutory construction; resurrection of rights of a party that owned the subsurface rights prior to tax sale but lost those rights in tax sale and title wash; material issues of fact relating to property boundary
(laurel062422Li)
(Posted: June 26th 2022)
Civil:
Motion in limine; relevancy of evidence of possibility of future medical treatment; question of non-economic damages generally; limiting jury instruction
(hamm062222Li)
(Posted: June 22nd 2022)
Administrative Appeal:
Right to know law appeal; applicability of statute to non-profit corporation; degree of governmental control over fire company, nature of its functions, and financial control by government; financial dependence of entity on government for its existence
(pysher062022Li)
(Posted: June 20th 2022)
Criminal:
Motion for nominal bail; rule 600 time calculation; excludable time
(Mitchell060122bt)
(Posted: June 20th 2022)
Commonwealth vs. Dunlap
5.31.2022
Nancy L. Butts
Criminal:
Motion to modify restitution; burden of proof; causal relationship of damages to criminal incident
(Dunlap053122bt)
(Posted: June 20th 2022)
Commonwealth vs. Thomas
6.2.2022
Nancy L. Butts
Criminal:
Suppression motion; probable cause for search warrant; credibility of confidential informant; totality of circumstances; reliability of informant who is identified in the warrant and who gives information against his penal interest
(Thomas060222bt)
(Posted: June 20th 2022)
Commonwealth vs. Racey
5.31.2022
Nancy L. Butts
Criminal:
Motion for release of mental health records; discoverability of mental health records of victim in criminal prosecution; undisclosed purpose for request; mental health not placed at issue; waiver of privilege
(Racey053122bt)
(Posted: June 20th 2022)
Civil:
Propriety of summary judgment motion filed mid-way through bifurcated trial; bar of statute of limitations; waiver of issue not pursued at trial; pleading separate counts of negligence, gross negligence and negligence per se; objection to form over substance of complaint; property purchaser's suit for a trespass that already occurred when they knew or should have known of that trespass when property was purchased; right of suit for continuing trespass; failure to plead damages to particular property as bar to recovery; changing scope of liability after conclusion of first trial; governmental immunity; legal duty of municipality to enforce its own ordinances; limited authority of court after remand of appealed case; application of res ipsa loquitur to determine cause of death of trees; need for expert testimony; liability for acts of third parties; utility service facility or real property exceptions to immunity; bar of court awarding equitable relief of an injunction requiring affirmative action such as constructing new stormwater management facilities; applicability of monetary award cap; motions in limine regarding expert reports; novel scientific evidence; methodology not generally accepted in relevant field; Frye test; weight and reliability of expert's conclusions; appropriate scope of a Frye inquiry; argument that assumptions are "too conservative" or "unrealistic" as challenge to methodology; factual basis for expert opinion; scope of trial on remand; grant of nonsuit implicating law of the case, res judicata or collateral estoppel that would preclude defense based on nonsuited claims; admissibility of relevant evidence; admissibility of evidence of citation and police report
(CoganHouse061422Li)
(Posted: June 14th 2022)
Lehman Estate
6.13.2022
Eric R. Linhardt
Wills and Estates:
Petition to probate copy of will; rebuttable presumption that testator revoked or destroyed will; two-witness rule; alternative explanation for the inability to locate original will
(lehman061322Li)
(Posted: June 14th 2022)
Darris Wilburn and Pamela Wilburn vs. Narcotics Anonymous World Services, Inc., Narcotics Anonymous World Services, Inc., Central Susquehanna Valley Chapter of Narcotics Anonymous World Services, Inc., Mid-atlantic Region of Narcotics Anonymous World Services, Inc., Donald L. Heiter Community Center, Inc., John Doe, Inc., Richard Roe, Inc.
6.8.2022
Eric R. Linhardt
Civil:
Motion to dismiss and stipulation to discontinue as to less than all defendants; effect of stipulation to discontinue containing a clerical error of counsel; unilateral mistake by a party; striking a discontinuance to protect the rights of any party from unreasonable inconvenience, vexation, harassment, expense, or prejudice; 6 day delay as prejudicial; consideration of procedural delay
(Wilburn060822Li)
(Posted: June 14th 2022)
Civil:
Preliminary objections; damages recoverable by tenant against landlord for breach of covenant of quiet enjoyment; viability of claim for damages related to breach of implied warranty of habitability; viability of claim under Unfair Trade Practices and Consumer Protection Law for failure to comply with warranty to tenant to provide a habitable residence; viability of negligence claim under gist of the action doctrine where tenant claims landlord negligently failed to maintain wiring.
(washington061322Li)
(Posted: June 13th 2022)
Commonwealth vs. West
6.6.2022
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case of cruelty to animals for knowing failure to obtain medical treatment for sick appearing puppies
(West060622bt)
(Posted: June 13th 2022)
Commonwealth vs. Erwin
6.7.2022
Nancy L. Butts
Criminal:
Amended opinion
(Erwin060722bt)
(Posted: June 9th 2022)
Commonwealth vs. Benson
6.2.2022
Nancy L. Butts
Criminal:
Appeal; sufficiency of evidence of child pornography related convictions; setting up cell phone to photograph child using the bathroom; inference that victim was photographed for purpose of sexual gratification or stimulation; preservation of issues; prosecutor's comments on Miranda rights where defendant chose to waive those rights
(Benson060222t)
(Posted: June 7th 2022)
Commonwealth vs. Ringkamp
5.24.2022
Nancy L. Butts
Criminal:
Motion seeking identification of confidential informant under rule 573; showing of material need and reasonableness; qualified privilege to withhold the identity of a confidential source; blanket argument of possible exculpatory information; motion to suppress statements; prison interaction rising to custodial interrogation; evidence seized suppressed as fruit of the poisonous tree; viability of search warrant after improperly obtained statements removed; information in affidavit establishing probable cause
(Ringkamp052422bt)
(Posted: June 5th 2022)
Criminal:
Appeal; ineffective counsel for failure to depose witnesses and to interview prior counsel; assessment of review performed by post-conviction counsel
(Holmes050222t)
(Posted: May 23rd 2022)
HB Adoption
5.11.2022
Ryan M. Tira
Adoption:
Agency petition for involuntary termination of parental rights; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; parent noncompliant with the permanency plan; parent not addressing incapacities that caused child to be removed from care; continued bond with mother; bonding assessment to determine whether bond is worth saving or whether termination would cause irreparable harm
(AdoptionofHB051122t)
(Posted: May 23rd 2022)
Commonwealth vs. Fogan
5.2.2022
Kenneth D. Brown
Criminal:
Appeal of homicide conviction; admissibility of multiple camera angles of robbery and homicide; discretion of trial court; depictions of different information to meet various elements of Commonwealth's burden of proof; voir dire; refusal to strike a prospective juror for cause; burden
of proving that a prospective juror should be excused for cause; statement of defendant showing consciousness of guilt; refusal to charge for third-degree murder where acts clearly constituted second-degree murder, jury confusion; mandatory imposition of court costs
(Fogan050222Br)
(Posted: May 21st 2022)
Commonwealth vs. Spotts
5.4.2022
Eric R. Linhardt
Criminal:
Appeal of traffic summary offense conviction for failure to stop at red signal; presence of stop line; relevance of comparison with other unique intersections; sufficiency of evidence to support conviction
(spotts050422Li)
(Posted: May 21st 2022)
Benson Estate
5.17.2022
Eric R. Linhardt
Wills and Estates:
Non-jury trial; Dead Man's Act issue; incompetence to testify on claim of an inter vivas gift; evidence of donative intent; sufficiency of evidence of transfer of ownership of vehicles; purpose of Dead Man's Act
(benson051722Li)
(Posted: May 18th 2022)
Criminal:
Habeas corpus petition; sufficiency of evidence of drug delivery resulting in death; connection between drug sale and substance found in deceased's body
(Anderson050622bt)
(Posted: May 14th 2022)
Commonwealth vs. Reid
5.11.2022
Eric R. Linhardt
Criminal:
Pre-sentence motion; burden of proving previous convictions of offender for sentencing purposes; admission of NY court records under evidence rule 902(A) as self-authenticating; conviction of equivalent sexual crime requiring registration; comparison of elements of offenses and disparity in grading and sentencing; computation of prior record score; applicability of mandatory minimum; lack of jury finding of any enhancing element; constitutionality of enhanced sentence where crime requiring the enhancement committed after enactment of statute but prior offense committed before statute enacted
(Reid051122Li)
(Posted: May 14th 2022)
Civil:
Preliminary objections; suit for injunctive relief for obstruction of right-of-way; unreasonable restriction by possessor of land subject to easement; specificity of complaint; speculative averments to support punitive damage claim; recovery of attorney fees under the American rule
(Evelhair051122LI)
(Posted: May 14th 2022)
Civil:
Preliminary objections; imputed liability through agency theory; factual issue of whether principal-agent relationship exists; agreement that one entity agreed to comply with rules of another as evidence of agency
(Thomas051122Li)
(Posted: May 14th 2022)
Crooks Estate
5.11.2022
Eric R. Linhardt
Wills and Estates:
Declaratory judgment petition; will interpretation; question of distribution trust assets per capita or per stirpes; American
rule favoring a per stirpes distribution in the absence of contrary evidence; rebutting presumption
(crooks051122Li)
(Posted: May 14th 2022)
Commonwealth vs. Page
5.2.2022
Nancy L. Butts
Criminal:
Post-sentence motion; blanket statements of inadequate weight and sufficiency of evidence; testimony of witness of remote events or events that had no connection to the issue of defendant's innocence; sentencing discretion; unduly harsh sentence; sentence incorporating mandatory minimums and within sentencing guidelines
(Page050222bt)
(Posted: May 14th 2022)
Commonwealth vs. Johnson
4.29.2022
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence; of sexual abuse of child where victim cannot remember specific dates of a continuous course of criminal conduct
(Johnson042922bt)
(Posted: May 14th 2022)
Criminal:
Consolidation motion relating to incidents involving shootings; common scheme, plan or design; timeliness of motion; two different types of offenses that are not a part of the same series or transaction; proof of propensity for violence
(Staten-Chambers050222bt)
(Posted: May 14th 2022)
Commonwealth vs. Moser
4.26.2022
Nancy L. Butts
Criminal:
Post sentence motion; suppression issue related to claimed overbroad search warrant; "communications" defined; sentencing discretion; sentence within the guidelines; impact of sexual abuse on child
(Moser042622bt)
(Posted: May 14th 2022)
Miller vs. Kinley
5.5.2022
Ryan M. Tira
Civil:
Summary judgment motion; liability of property owner to independent contractor; retained control theory of Restatement (2nd) of Torts § 414; questions of fact
(Miller050522t)
(Posted: May 11th 2022)
Finck Estate
4.28.2022
Eric R. Linhardt
Wills and Estates:
Petition requesting court to set purchase price and authorize sale of real estate; will interpretation; effectuating the intent of
the testator; extrinsic evidence on finding of ambiguity; collateral facts making meaning of will uncertain; valuation of rea estate based on Federal Estate Tax return where no such return was filed
(finck042822Li)
(Posted: April 29th 2022)
Commonwealth vs. Draft
4.11.2022
Nancy L. Butts
Criminal:
.Rule 600 motion for nominal bail; concession by Commonwealth of time exceeding 180 days; bail conditions
(Draft041122bt)
(Posted: April 29th 2022)
Commonwealth vs. Moore
4.22.2022
Nancy L. Butts
Criminal:
Pennsylvania Parole Board request to modify the conditions of supervision in 2012 case to include standard sex offender conditions; programming that has nexus to facts and circumstances of case.
(Moore042222bt)
(Posted: April 29th 2022)
Commonwealth vs. Heck
4.25.2022
Kenneth D. Brown
Criminal:
Suppression motion; notice that prison recordings could be given to district attorney; written and verbal notifications of telephone call recording; consent to calls being recorded and divulged; reasonable expectation of privacy; motion to sever animal cruelty counts; prejudice due to extreme affection many people accord their pets; charges inextricably entwined
(Heck042522br)
(Posted: April 25th 2022)
Criminal:
Motion for Grazier hearing; post conviction relief act petition; failure of appointed counsel to file amended petition; disagreement between counsel and defendant on merit of claims; refusal to allow counsel to withdraw as defendant's motion to be permitted to proceed pro se was made under duress
(Willits04012022t)
(Posted: April 18th 2022)
Truist Bank vs. Wells
4.12.2022
Ryan M. Tira
Civil:
Preliminary objections; failure to attach Interest Rate and
Interest Charges" document which details the annual percentage rate to complaint
(truist04012022t)
(Posted: April 18th 2022)
BAM Adoption
3.22.2022
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; repeated and continued incapacity, abuse, neglect or refusal of Father causing children to be without essential parental care, control or subsistence necessary for child's physical or mental well-being; no existing bond
(AdoptionofBAM03242002t)
(Posted: April 18th 2022)
TG & AS Adoptions
3.22.2022
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; repeated and continued incapacity, abuse, neglect or refusal of Father causing children to be without essential parental care, control or subsistence necessary for child's physical or mental well-being; no existing bond
(AdoptionTRGandAMS03242022t)
(Posted: April 18th 2022)
Civil:
Motion for reconsideration or for certification for allowance of appeal; discretion of court to modify or rescind order where facts or law change; evidentiary support for understaffing claim; understaffing as causation for claimed injuries; need for expert opinion where there is no obvious connection between alleged breach and harm suffered; finding that immediate appeal would materially advance or facilitate resolution of case
(Stetts031822Li)
(Posted: April 18th 2022)
Civil:
Preliminary objections; contract interpretation; meeting of conditions precedent; liquidated damages; pleading facts supporting affirmative defenses
(Maynard033122Li)
(Posted: April 18th 2022)
Civil:
Preliminary objections; action for dissolution of business and accounting; arbitration provision in operating agreement for voting deadlock; common law arbitration; Pennsylvania's preference for settling disputes by arbitration; scope of agreement; contract interpretation
(Bennet303122Li)
(Posted: April 14th 2022)
Bay vs. Bay
4.6.2022
Eric R. Linhardt
Family:
Appeal from grant of protection from abuse order; proof required to secure protection from abuse order; balancing interests to avoid impacting pending separate partition action; sufficiency of evidence to establish fear of imminent serious bodily harm; sufficiency of evidence of prior abuse
(Bay040622Li)
(Posted: April 14th 2022)
Commonwealth vs. Choice
3.29.2022
Kenneth D. Brown
Criminal:
Appeal; failure to file rule 1925 statement; preservation of issues for appeal; guilty plea as waiving right to challenge nonjurisdictional defects and defenses; failure to ensure a complete record for appeal
(Choice032922br)
(Posted: April 14th 2022)
Commonwealth vs. Erwin
3.25.2022
Nancy L. Butts
Criminal:
Motion to withdraw guilty plea; fair and just reason for withdrawal; Commonwealth prejudice; assertion of innocence; admission that defendant was not innocent of all crimes charged; liberal allowance prior to sentencing
(Erwin032522bt)
(Posted: April 4th 2022)
Commonwealth vs. Derr
3.24.2022
David C. Klementik, Senior Judge
Criminal:
Appeal
(Derr032422k)
(Posted: April 4th 2022)
Civil:
Motion for return of property; shifting burden of proof; vehicle involved in a crime
(Taylor032122bt)
(Posted: April 4th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court; claimed governmental interference exception to time requirement
(Cruz-Echevarria032122bt)
(Posted: April 4th 2022)
Commonwealth vs. Newman
3.17.2022
Ryan M. Tira
Criminal:
Habeas corpus petition; sufficiency of evidence of possession with intent to deliver controlled substances where defendant had a large amount and variety of controlled substances with no means of ingestion; suppression motion; searching an unresponsive person for identification; exigent circumstances
(Newman031722t)
(Posted: March 21st 2022)
Commonwealth vs. Williams
12.17.2021
Nancy L. Butts
Criminal:
Second post conviction relief act petition; timeliness; jurisdiction of the court; time of discovery of new evidence; matters entered at trial by stipulation
(Williams121721bt)
(Posted: March 21st 2022)
Commonwealth vs. Johnson
3.14.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court; right to effective counsel in a PCRA proceeding; waiver
(Johnson031422bt)
(Posted: March 21st 2022)
Commonwealth vs. Brown
3.14.2022
Nancy L. Butts
Criminal:
Objection to post-conviction relief act petition dismissal; lack of additional facts to supplement argument
(Brown031422bt)
(Posted: March 21st 2022)
Commonwealth vs. Sewell
3.16.2022
Nancy L. Butts
Criminal:
Motion to be released on nominal bail under rule 600; no periods of delay; non-monetary conditions for lifetime registrant charged with similar sex offense
(Sewell031622bt)
(Posted: March 21st 2022)
Commonwealth vs. Williams
3.16.2022
Nancy L. Butts
Criminal:
Objection to the dismissal of post-conviction relief act petition; unfounded claims of facts unknown to defendant at the time of trial; timeliness of petition
(Williams031622bt)
(Posted: March 21st 2022)
Commonwealth vs. Lopez
3.11.2022
Nancy L. Butts
Criminal:
Suppression motion; sufficiency of affidavit of probable cause; totality of the circumstances; personal observations of confidential informant; hearsay information
(Lopez031122bt)
(Posted: March 21st 2022)
Commonwealth vs. Taylor
3.11.2022
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence of delivery of drugs in addition to hearsay evidence
(Taylor031122bt)
(Posted: March 21st 2022)
Commonwealth vs. Maneval
3.4.2022
Nancy L. Butts
Criminal:
Appeal of conviction for endangering welfare of children; weight and sufficiency of evidence; duty of care, protection and support of victim's parent's girlfriend, who fed, clothed and bathed victim
(maneval030422Bt)
(Posted: March 18th 2022)
Commonwealth vs. Hill
2.15.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; jurisdiction of court; timeliness
(Hill021522bt)
(Posted: March 16th 2022)
Commonwealth vs. Young
2.25.2022
Nancy L. Butts
Criminal:
Motion to modify sentence treated as a post conviction relief act petition; jurisdiction to hear claim; challenge to discretionary elements of sentence; timeliness
(Young020522bt)
(Posted: March 16th 2022)
Civil:
Student loan collection complaint; sufficiency of complaint to establish possession of loan; chain of title; sufficiency of verification; need to establish personal knowledge; adequacy of "information or belief" to verify complaint
(cobb031622Li)
(Posted: March 16th 2022)
Civil:
Motion to reinstate appeal from magisterial district court; credit card case; failure to file proof of service; prejudice; good cause shown; rule 126; no explanation for noncompliance
(TDBank030722t)
(Posted: March 12th 2022)
Commonwealth vs. Hand
3.7.2022
Ryan M. Tira
Criminal:
Restitution determination; credible evidence to the extent and
cost of damage to door damages by defendant; unintentional calculation error
(Hand030722t)
(Posted: March 12th 2022)
Commonwealth vs. Sabins
2.18.2022
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence of burglary; proof that defendant entered home with intent to commit a crime; totality of circumstances demonstrating general intent; intent inferred from actions as well as words
(Sabins021822bt)
(Posted: March 12th 2022)
Commonwealth vs. McClain
3.4.2022
Nancy L. Butts
Criminal:
Request for name of anonymous cooperative individual; qualified privilege not to disclose an informant's identity; defendant's burden to demonstrate at least a reasonable possibility the informant's testimony would exonerate him; recusal of district attorney office; defendant counsel's employment by district attorney; mere allegation or appearance of impropriety; prohibition of former attorney to discuss case or access case materials
(McClain030422bt)
(Posted: March 12th 2022)
Commonwealth vs. Neufer
3.9.2022
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion for vehicle stop; reasonableness of conclusion that if one traffic light is green, that the opposing light is red
(Neufer030922bt)
(Posted: March 12th 2022)
Commonwealth vs. Tindal
3.3.2022
Nancy L. Butts
Criminal:
Habeas corpus motion; person not to possess a firearm; constructive possession; possession of a key to a safe; dominion over firearm; DNA lab results determining that defendant can be included as potential contributor to mixed profile on firearm
(Tindal030322bt)
(Posted: March 12th 2022)
Cuneo vs. UPMC
3.3.2022
Eric R. Linhardt
Civil:
Preliminary objections; specificity of complaint in pleading corporate negligence or vicarious liability; sufficiency of certificate of merit; sufficiency of references to "other negligent actions and omissions that may be disclosed through the course of discovery"; failure to plead specific acts committed by unnamed representatives of the defendant; sufficiency of facts to support claims of reckless or grossly conduct; conscious choice of a course of action
(cuneo030322Li)
(Posted: March 3rd 2022)
Miller vs. Bartley
3.3.2022
Eric R. Linhardt
Civil:
Motion to compel discovery responses; wealth discovery for punitive damages without court order; discovery of pay related to motive for publication of salacious, inflammatory, or scandalous articles; applicability of Shield Law to protect information that would likely expose identity of source; in camera review
(Miller030322Li)
(Posted: March 3rd 2022)
Commonwealth vs. Ganhao
2.28.2022
Nancy L. Butts
Criminal:
Habeas corpus motion; prima facie case of theft where victim inexplicably blacked out at defendant's home and credit card purchases from victim's card, accessible to defendant, are linked to an email connected to defendant
(Ganhao022822bt)
(Posted: March 2nd 2022)
Commonwealth vs. Clay
2.28.2022
Nancy L. Butts
Criminal:
Habeas corpus motion; prima facie case of person not to possess a firearm; constructive possession; probable cause to stop vehicle that proceeded at high rate of speed through intersection; lack of evidence of speed limit; suppression of evidence as fruit of the poisonous tree;
(Clay022822bt)
(Posted: March 2nd 2022)
Commonwealth vs. Scott
2.28.2022
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case of driving under the influence of a controlled substance; traffic stop for tinted windows; suppression motion; reasonable suspicion to justify a canine sniff; probable cause for search warrant; consideration of evidence outside affidavit of probable cause
(Scott022822bt)
(Posted: March 2nd 2022)
Commonwealth vs. McClain
2.28.2022
Nancy L. Butts
Criminal:
Suppression motion; unduly suggestive photograph array for failure to partially cover faces of individuals
(McClain022822bt)
(Posted: March 2nd 2022)
Civil:
Preliminary objections; sufficiency of credit card collection complaint; need to plead every detail of the claim; attaching interest rate and fees as material terms of agreement
(FNBOmaha030222t)
(Posted: March 2nd 2022)
Wolfe vs. Sweet
2.17.2022
Ryan M. Tira
Custody:
Appeal
(Sweet021722t)
(Posted: February 24th 2022)
Commonwealth vs. Cradle
2.15.2022
Ryan M. Tira
Criminal:
Motion to dismiss charges; rule 600; suspension of rules due to COVID-19; exclusion of time due to defendant's request for continuance
(Cradle021522t)
(Posted: February 24th 2022)
Civil:
Petition for forfeiture and condemnation; burden to prove seized money was or was intended to be used in violation of controlled substance laws; proof of nexus between pertinent unlawful activity and property subject to forfeiture; shifting burden to prove funds acquired legally; lack of arrest of party from whom money seized
($7782USCurrency022222t)
(Posted: February 24th 2022)
Commonwealth vs. Holmes
2.17.2022
Ryan M. Tira
Criminal:
Post conviction relief act petition; motion to remove assistant district attorney from case due to potential conflict; issues previously unsuccessfully litigated; inapplicability of corpus delicti rule in case where there is no confession; constitutionality of cell phone search where trooper never actually saw contents of phone; claimed structural errors; presumption of innocence requiring garb of innocence; presence of sheriff deputy; prejudice; sequestration of Commonwealth's designated representative; sufficiency of evidence of trafficking minor for sexual servitude; effectiveness of counsel; need to provide search warrant affidavit at time of preliminary hearing; specificity of allegations of ineffectiveness or prejudice; failure of counsel to raise non-meritorious issues; issues involving speculation; proper venue where case filed in location where incriminating text messages were received; reasons for judicial recusal; prejudice of failure of counsel to advise defendant during representation that he was running for district attorney; claimed denial of opportunity to access requested exculpatory material where defendant failed to establish the existence of the material or Commonwealth possession; burden to prove misrepresentations in police affidavits; sufficiency of affidavits of probable cause; after discovered evidence used solely for the impeachment of witness credibility
(Holmes021722t)
(Posted: February 24th 2022)
Commonwealth vs. Shoop
2.17.2021
Ryan M. Tira
Criminal:
Post sentence motion; sufficiency and weight of evidence that defendant was one committing burglaries; prerogative of jury to believe trial testimony over prior inconsistent statements; lack of DNA evidence; determination of whether after discovered evidence would have compelled a different verdict; claimed manifestly unreasonable, unnecessarily excessive and unjust sentence; discretion to impose consecutive or concurrent sentences; sentencing for separate burglaries
(Shoop021722t)
(Posted: February 23rd 2022)
Commonwealth vs. Durbin
2.15.2022
Ryan M. Tira
Criminal:
Habeas corpus motion; additional evidence at hearing; prima facie case of fleeing or attempting to elude and recklessly endangering where defendant sped away from a police car which had activated its lights and drove erratically in a residential area; circumstantial evidence of possession with intent to deliver based on quantity of drugs
(Durbin021522t)
(Posted: February 17th 2022)
Civil:
Motions in limine; admissibility of chaplain note in hospital record referencing hearsay comments; business record exception; prejudice outweighing probative value; jury
confusion; necessity of expert opinion on the appropriate dosages of narcotic medicine; redundant expert testimony; corroborative rather than cumulative expert testimony; mootness
(Lutz021522t)
(Posted: February 17th 2022)
Commonwealth vs. Cradle
2.14.2022
Ryan M. Tira
Criminal:
Motion for preservation of evidence; witness unavailable due to prepaid vacation; finding exceptional circumstances; duty of Commonwealth to ensure availability of witnesses
(cradle021422t)
(Posted: February 15th 2022)
Commonwealth vs. Brown
12.21.2021
Nancy L. Butts
Criminal:
Post conviction relief act petition; previously litigated issue; claimed failure to bring defendant to trial within 365 days of filing of complaint and due diligence in the face of avoidable delay; prejudice
(Brown121721bt)
(Posted: February 12th 2022)
Commonwealth vs. Greevy
2.1.2022
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case of indecent assault where there is evidence of non consensual touching
(Greevy020122bt)
(Posted: February 7th 2022)
Criminal:
Motion to vacate sentence; anticipatory revocation of order of probation for commission of new crime after sentencing, but prior to beginning of probation period; substantive change in the case law; non-waivable illegal sentence; retroactive application of new rule
(Morrison020122t)
(Posted: February 3rd 2022)
Criminal:
Appeal; reasonableness of sentence; discretion of court to impose consecutive or concurrent sentences; two separate victims; weight of the evidence to convict for endangering the welfare of children where there was evidence that children were locked in filthy and ill suited rooms, were malnourished and were suffering medically
(Engler-Harper020122t)
(Posted: February 3rd 2022)
Administrative Appeal:
Motion to enforce settlement agreement on assessment appeal; mutual or unilateral mistake; presumption that settling attorney has authority of client to settle; express authority to bind a client to a settlement agreement; effect of miscommunication between an attorney and his client
(Armstrong012522t)
(Posted: February 3rd 2022)
Civil:
Motion seeking determination of need to file certificate of merit; civil cases constituting professional liability actions; determination based on nature of action and not identity or status of defendant; question of medical judgment beyond the common knowledge of laypersons; specific concerns associated with transporting wheelchair-bound patients
(Fry020222Li)
(Posted: February 3rd 2022)
Commonwealth vs. Lincoln
1.26.2022
Nancy L. Butts
Criminal:
Post-sentence motion in arrest of judgment; sufficiency of evidence of possession of drugs with intent to deliver; consideration of volume of heroin, manner in which it was packaged and amount of protective gear in house; connection of defendant to home by observation of his coming and going and his identifying documentation in the house; motion for new trial due to court's refusal to drug test witnesses; refusal of court to exclude late discovered video evidence; prejudice; manifestly excessive sentence; "volume discount" for multiple crimes; consideration of previous record and sales of dangerous substances such as fentanyl and methamphetamine
(Lincoln012622bt)
(Posted: February 1st 2022)
Commonwealth vs. Hill
1.25.2022
Ryan M. Tira
Criminal:
Motion for new trial' Non-jury trial; weight of the evidence; credibility of witnesses; sufficiency of evidence to support verdict
(Hill012222t)
(Posted: January 29th 2022)
SK & PK Adoptions
1.24.2022
Joy Reynolds McCoy
Adoption:
Agency petition for involuntary termination of parental rights; admissions and voluntary relinquishment of rights; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; parental incapacity; parent largely compliant with the permanency plan; toxic relationship between mother and father as impediment to reunification with children; needs and welfare of children; bonding assessment; continued bond with mother giving way to stronger bond with resource parents
(SK012422m)
(Posted: January 26th 2022)
Civil:
Preliminary objections; insufficient specificity in new matter; facts supporting expiration of the statute of limitations; adequacy of pleading of consent where doctor states that risks, benefits, and alternatives were provided to patient; need to plead non-waivable statutory defenses or non-affirmative defenses; sufficiency of general claim that acts of others constituted intervening or superseding causes; need to plead defense that would not defeat a plaintiff's claim entirely
(Myers012022t)
(Posted: January 26th 2022)
Civil:
Objections to discovery; relevancy of inquiries; premature questions on issues of financial means to pay judgment; duty to respond to requests by separately responding to each request and identifying documents responsive to that request
(Harris011822t)
(Posted: January 26th 2022)
Commonwealth vs. Babcock
1.25.2022
Nancy L. Butts
Criminal:
Suppression motion; adequacy of search warrant to establish probable cause of a crime; knowing, intelligent, and voluntary waiver of Miranda rights; totality of circumstances; probable cause for search of cell phone data without evidence that crimes of abuse of corpse, tampering with evidence or obstruction would be contained in phone
(Babcock012522bt)
(Posted: January 26th 2022)