Lycoming County Court Opinions
The database contains over 6400 opinions issued by the Lycoming County Court of Common Pleas since 1999.
Browse all the opinions from the list below, with the most recently posted opinions at the top.
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Wills and Estates:
Petition for pre-complaint discovery and motion to
reconsider; untimely challenge to the probated will; adequacy of notice; exceptions to 1 year statute of limitations; fraud exception pertaining to fraud upon the court and not fraud involving creation of the will
(mase030520LI)
(Posted: March 5th 2020)
Civil:
Petition to vacate arbitration award; calculation of cost-of-living adjustment; contract interpretation; reliance on settlement agreement involving separate union contract; narrow certiorari scope of review; duty to affirm even a decision that was manifestly unreasonable or a misinterpretation of the law
(Williamsport030420Li)
(Posted: March 5th 2020)
Civil:
Preliminary objections; legal sufficiency of the pleading; no right of private action or relief for HIPAA violations; necessary elements for defamation; truth as affirmative defense not raised at preliminary objection stage; pleading that alleged communication was defamatory in character; need to plead with particularity highly personal, sensitive or potentially embarrassing contents of medical records; prima facie claim for defamation per se; duty of care to protect stored employee data on computer systems; HIPAA as establishing a duty of care; notice of conduct of employee that would establish liability for negligent supervision; negligence per se based on violation of HIPAA; UTPCPL violation for claimed slow notification of violation of breach of privacy; prima facie case of intrusion upon seclusion; presumption of existence of duty where harm derives from defendant's affirmative, risk-causing conduct; high standard to prove intentional infliction of emotional distress; sufficiency of allegations to claim punitive damages; striking excessively vague and equivocal language and facts that are not necessary elements of plaintiff's claim; motion for protective order; subpoena of documents in possession of an opposing party; unilateral scheduling of a deposition of an an opposing party's employee
(fausnaught030420Li)
(Posted: March 4th 2020)
Criminal:
Motion to admit out-of-court statements made by a child victim; sufficient indicia of reliability of child's statements; significance of evidence of potential bias of receiver of the statement; child's ability to testify without causing serious emotional distress
(Maneval030220BT)
(Posted: March 3rd 2020)
Criminal:
Habeas corpus petition; prima facie case; elements of conspiracy to deliver drugs and criminal use of a communication facility; proof of possession of drugs by showing constructive possession; corruption of minor and reckless endangerment shown by careless storage and handling of heroin; suppression motion; sufficiency of search warrant to show probable cause; request for identity of confidential informant; showing that information
requested is material and reasonable
(Cotton030220BT)
(Posted: March 3rd 2020)
Civil:
Ejectment action; summary judgment motion; plaintiff out of possession who has a present right to immediate possession; genuine issue of material fact; potential tenant rights; sanctions motion; mootness
(Bartholomew030220t)
(Posted: March 3rd 2020)
Adoption:
Petition for involuntary termination of parental rights filed by agency no settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; incarcerated parent who fails to take advantage of programs available to him and who engages in misconduct that hinders his journey towards reunification; no relationship between the child and father
(AdoptionofKFO030220m)
(Posted: March 3rd 2020)
Civil:
Discovery sanction; motion to stay; potential criminal prosecution; prejudice to plaintiff; option to invoke fifth amendment privilege; adverse inferences
(MooseLodge14522020t)
(Posted: February 29th 2020)
Criminal:
Appeal; credibility of witnesses
(Villaneuva022120L)
(Posted: February 29th 2020)
Criminal:
Habeas corpus motion; prima facie evidence of theft in a failed business relationship; availability of civil remedy; propriety of criminal prosecution to collect a simple business debt
(Forlina021420BT)
(Posted: February 19th 2020)
Adoption:
Petition for involuntary termination of parental rights; in case of newborn, for a period of 4 months prior to the filing of the petition, making no effort to maintain substantial and continuing contact with child, nor providing financial support to child; non-appearance at hearing; no existing bond
(AdoptionofSJB021020m)
(Posted: February 12th 2020)
Criminal:
Appeal; waiver of issues not addressed by rule 1925 statement; weight and credibility of evidence concerning photographs not being date stamped
(Cobb021020L)
(Posted: February 10th 2020)
Criminal:
Post conviction relief act petition; credit for time served before county sentence was revoked and state sentence imposed; calculation of time served as relates to split sentences
(Cross021020L)
(Posted: February 10th 2020)
Criminal:
Suppression motion; vehicle stop for registration search result showing "no record found" through J-Net; investigative detention supported by reasonable suspicion; some articulable facts that a violation had or was occurring
(brown021020L)
(Posted: February 10th 2020)
Wills and Estates:
Petition to dispose of remains; determination by next of kin; closeness of relationship to deceased; no clear intent expressed by deceased; authority of estate to determine disposition of remains
(JAK020320t)
(Posted: February 7th 2020)
Administrative Appeal:
Petition to vacate and expunge involuntary civil commitment; sufficiency of evidence upon which commitment was based; review of contemporaneously-created record; necessity of commitment where petitioner voluntarily agreed to undergo treatment; actions and statements contrary to expressed desire to voluntarily submit to treatment
(inrejp010320t)
(Posted: February 7th 2020)
Criminal:
Post conviction relief act petition; knowing, intelligent, and voluntary guilty plea; written guilty plea colloquy
(Breeland020620BT)
(Posted: February 7th 2020)
Criminal:
Juvenile court restitution determination; factors for consideration; weighing needs of the victim against the capabilities of a 15 year old juvenile; community service to reimburse restitution fund; future wage attachment to pay restitution
(InReYJO20520m)
(Posted: February 6th 2020)
Civil:
Preliminary objections; material allegation of paragraph of complaint containing multiple facts; failure of complaint to be verified; demurrer; factual issues on ownership and possession of land; specificity of complaint
(baysore020320t)
(Posted: February 6th 2020)
Custody:
Petition to amend final PFA orders to address custody issues; authority of court to modify PFA order upon petition of either party; consent order; unilateral mistake as to the agreed terms; jurisdiction of family court to revise custody schedule of child protected in PFA order; contravention of PFA order
(VAO020620Li)
(Posted: February 6th 2020)
Criminal:
Habeas corpus petition; constructive possession of contraband; prima facie case; suppression motion; scope of search warrant; search of safe being actively moved from a home at the time of execution of search warrant; curtilage or an inseparable portion of residence
(Sweetin-Wright020320BT)
(Posted: February 5th 2020)
Criminal:
Habeas corpus petition; sufficiency of evidence to establish prima facie case of conspiracy with respect to drug offences; proof of agreement to commit unlawful act; sufficiency of evidence to establish prima facie case of conspiracy to flee from police
(Bonaparte020520BT)
(Posted: February 5th 2020)
Adoption:
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; non-appearance at hearing; no existing bond
(AdoptionofCDS020320m)
(Posted: February 5th 2020)
Criminal:
Post conviction relief act petition; ineffectiveness of counsel; failure to object to references to defendant being on parole where the court had already allowed such references; failure of counsel to predict changes in the law; lack of prejudice where the totality of the evidence supports the verdict; credibility of defendant's testimony about degree of trial preparation
(Boyd020420L)
(Posted: February 4th 2020)
Criminal:
Post conviction relief act; timeliness; jurisdiction of the court
(Degarmo020420BT)
(Posted: February 4th 2020)
Criminal:
Pretrial motions; prima facie case of constructive possession of controlled substances; suppression of evidence; sufficiency of allegation of probable cause of search warrant; use of confidential informant; adequacy of Miranda warnings; permissibility of search of person where officer knew of the warrant but did not have physical possession of it
(Williams020320BT)
(Posted: February 3rd 2020)
Criminal:
Suppression motion; reasonable suspicion to conduct an investigatory detention; abandonment of gun dropped on ground as police passed; standing
(McMillan013120BT)
(Posted: February 1st 2020)
Custody:
Petition to enforce; reconsideration of order issued without notice to opposing party; interpretation of court order relating to consent of party for significant decisions related to medical treatment; routine medical evaluations
(Keller013020t)
(Posted: February 1st 2020)
Civil:
Preliminary objections; formation of employment contract; conditional offer; at will employment; anticipation of "just cause" term that might have been in a future written contract
(Buckley012920Li)
(Posted: January 30th 2020)
Civil:
Preliminary objections; specificity of complaint; attaching an agreement is a credit card collection case; scope of account statements; issues for discovery; consequences of failure to file brief
(citibank012820t)
(Posted: January 30th 2020)
Criminal:
Suppression motion; reasonable suspicion for investigatory detention; defendant driving vehicle while known not to have license; search of vehicle upon consent of owner
(Brown012720L)
(Posted: January 27th 2020)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court; expiration of sentence
(Lattimore012420L)
(Posted: January 27th 2020)
Adoption:
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; non-appearance at hearing; no existing bond
(AdoptionofCL012220m)
(Posted: January 26th 2020)
Custody:
Appeal; custody petition determination based on credibility of the parties' testimony; arbitrary, vexatious and bad faith filing where claims in petition were unsupported and misrepresented; attorney's fees award; consideration of custody factors where party is seeking enforcement of custody order and not modification
(gair012320Li)
(Posted: January 23rd 2020)
Wills and Estates:
Petition of creditor to intervene; relevancy of testimony; Dead Man's Act preclusion of testimony; mere authentication of photographs; foundation necessary to authenticate photographs; admissibility of affidavits in lieu of testimony; hearsay exceptions; disqualification of testimony of spouse of surviving interested party; standing to intervene in estate administration; parties with a substantial interest as constructive defendants; intervention of party with only general interest in proceeding
(benson012220Li)
(Posted: January 22nd 2020)
Criminal:
Appeal; matters waived by failing to preserve issues in lower court
(eck011320L)
(Posted: January 22nd 2020)
Criminal:
Petition for return of property; deceased defendant; timeliness of petition by guardian of deceased's children
(bausinger011720L)
(Posted: January 22nd 2020)
Civil:
Motion for judgment on pleadings; claim on motor vehicle financing agreement; repossessed vehicle; fact issue on amount of the deficiency; compliance with statutory deficiency judgment statute provisions
(Horizon011520t)
(Posted: January 22nd 2020)
Criminal:
Post conviction relief act petition; after discovered evidence; timeliness of petition; due diligence in obtaining evidence; credibility of new evidence
(Villanueva011520L)
(Posted: January 17th 2020)
Criminal:
Post conviction relief act petition; claims reviewed on appeal and previously rejected; waiver of claims not raised in the trial court; calculation of excludable time under rule 600; need for counsel to obtain approval of continuance requests from client; appropriateness of counsel's questioning of witnesses in light of late involvement in case
(McDowell011720L)
(Posted: January 17th 2020)
Civil:
Post-trial motions; easement by prescription; burden of proving open and notorious use of property for 21 years; reliance on Restatement (3rd) of Property § 2.17(h) standards, which are stricter than Pennsylvania law; sufficiency of facts to establish open and notorious use; infrequent but regular use as establishing continuity but not notoriety; availability of easement by necessity where property has access to a public road
(smith011520Li)
(Posted: January 16th 2020)
Schultz vs. Barnes, Shannon, Steve Shannon Tire Company, Inc., Colonial House Inn, Inc., Hufnagle and Sanguedolce
1.16.2020
Eric R. Linhardt
Civil:
Preliminary objections; sufficiency of pleading of visible intoxication in Dram Shop case; circumstantial evidence; piercing the corporate veil to sue president of corporation; overcoming strong presumption; disregard of corporate form; sufficiency of evidence of reckless conduct to support claim for punitive damages
(Shultz011620Li)
(Posted: January 16th 2020)
Criminal:
Appeal; post conviction relief petition; failure of counsel to call expert witness; failure to identify witness; statutory requirements for postconviction DNA testing; likelihood that requested evidence would prove innocence;
(Trapp011420L)
(Posted: January 15th 2020)
Custody:
Appeal
(MD011020m)
(Posted: January 13th 2020)
Criminal:
Appeal; suppression motion; a warrantless search in a third-party residence; timeliness of motion; propriety of motion in limine; good cause for late filing; exigent circumstances; totality of circumstances
(Mullen011020L)
(Posted: January 10th 2020)
Criminal:
Appeal
(Boone011020L)
(Posted: January 10th 2020)
Criminal:
Suppression motion; appropriateness of weapons frisk; proper scope of frisk; exigent circumstances for warrantless search of jacket related to children in area
(smith-williams010920L)
(Posted: January 9th 2020)
Criminal:
Post conviction relief act petition; jurisdiction; petitioner no longer servicing sentence
(Hopson010820BT)
(Posted: January 8th 2020)
Criminal:
Motion to preclude in court identification; suggestive photo array
(Middleton010820BT)
(Posted: January 8th 2020)
Criminal:
Suppression motion; voluntariness of consent for search of vehicles; totality of the circumstances; probable cause of a search warrant; sufficiency of search warrant affidavit to demonstrate a fair probability that drugs would be found
(Dotson010320BT)
(Posted: January 7th 2020)
Adoption:
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; transient parent with history of drug use; existing bond destroyed by erratic behavior of parent
(AdoptionofACBC010320m)
(Posted: January 7th 2020)
Adoption:
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 waiting for a more suitable or convenient time to perform parental responsibilities; no existing bond
(AdoptionofLNIL010320m)
(Posted: January 4th 2020)
Criminal:
Habeas corpus petition; sufficiency of evidence of invasion of privacy; cell phone photography overtop of changing room wall; motion to suppress in court identification; suggestiveness; independent basis for identification
(Best123119BT)
(Posted: January 2nd 2020)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Pettit123119BT)
(Posted: January 2nd 2020)
Criminal:
Suppression motion; propriety of investigatory detention; reasonable suspicion that criminal activity was afoot; doctrine of inevitable discovery to validate search of person; reasonable suspicion for canine search of exterior of vehicle; voluntariness of consent for search; scope of consent for search of vehicle; probable cause for arrest; totality of circumstances; sufficiency of affidavit of probable cause for search warrant of cell phone
(Carr123119BT)
(Posted: January 2nd 2020)
Criminal:
Motion to dismiss pursuant to rule 600; excludable delay; willful failure to appear at court proceeding; proof of proper notice; certified mail sent but returned not signed by defendant;
(Salsman123119BT)
(Posted: January 2nd 2020)
Criminal:
Post conviction relief act petition; constitutionality of sexual offender registration requirements; waiver of claims; bargained for plea agreement; no retroactive application of the statute; equal protection denial because adult and juvenile offenders are treated differently
(Young123119L)
(Posted: December 31st 2019)
Criminal:
Appeal; start date of probation sentence for revocation purposes; harsh and excessive sentence; defendant not amenable to supervision
(fisher122419L)
(Posted: December 31st 2019)
Criminal:
Suppression motion; warrantless entry into residence to make arrest; claimed exigent circumstances; investigation of minor offense
(knarr122719L)
(Posted: December 31st 2019)
Adoption:
Petition for involuntary termination of parental rights; incarceration; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; no existing bond
(AdoptionofLM122319m)
(Posted: December 30th 2019)
Adoption:
Appeal; Children's Fast Track; simultaneous filing of Concise Statement of Errors Complained of on Appeal; reliance on previously filed opinions
(AdoptionofDMW121919m)
(Posted: December 22nd 2019)
Criminal:
Post conviction relief act petition; claimed police jurisdiction issue; issue mooted by legislative action; lack of arguable merit of claim
(Williams122019L)
(Posted: December 20th 2019)
Criminal:
Habeas corpus petition; vague allegations of insufficiency of evidence; prima facie case of attempted homicide; lack of evidence that gun that was fired was aimed at a person; agreement supporting conspiracy must show more than just an association' overt acts
(vettese121919L)
(Posted: December 20th 2019)
Criminal:
Post conviction relief act petition; knowing, voluntary and intelligent guilty plea; areas addressed by the court in guilty plea colloquy; requirement that counsel advise defendant of effective dates of sentences for plea and parole violation
(Barasky121819L)
(Posted: December 19th 2019)
Criminal:
Motion to withdraw guilty plea;credibility of claim of innocence; last ditch effort or hope to avoid consequences of driving under the influence; promotion of fairness and justice
(brown121619L)
(Posted: December 16th 2019)
Criminal:
Suppression motion; vehicle search; expectation of privacy; plain view exception to warrant requirement; lawful vantage point; lawful right to access driveway without search warrant or consent
(Billups121619L)
(Posted: December 16th 2019)
Criminal:
Supplemental suppression motion to consider additional evidence; probable cause for arrest and search of vehicle
(Johnson121119BT)
(Posted: December 16th 2019)
Criminal:
Motion to dismiss for rule 600 violation; computation of excludable time; suggested excluding of non-jury trials from trial term consideration
(Bowers-Barksdale121119BT)
(Posted: December 16th 2019)
Danko Holdings, LP and Klingerman vs. J.C. Forestree Inc., Corl and Wheeland Lumber Company
12.12.2019
Marc F. Lovecchio
Civil:
Preliminary objections; privity of contract; contract interpretation; elements of civil conspiracy claim; individual liability of agent; gist of the action; tort claims for conduct that falls outside of the scope of contracts; specificity of allegations of civil conspiracy; allegations of state of mind sufficient to support a claim for punitive damages; pleading inconsistent causes of action in the alternative
(danko121219L)
(Posted: December 13th 2019)
Criminal:
Commonwealth appeal; existence of exigent circumstances that justified warrantless entry into residence
(Drummond121019L)
(Posted: December 10th 2019)
Criminal:
Bail modification motion; prima facie case established for first degree murder
(Friend120519BT)
(Posted: December 10th 2019)
Criminal:
Appeal; sentencing discretion; waiver of claims that court should have sentenced to county intermediate punishment or that sentence was unreasonable or manifestly excessive for failure to preserve; imposition of harsher post-revocation sentence; no volume discount for crimes; previous refusal to participate in treatment programs
(Kappas120919L)
(Posted: December 10th 2019)
Adoption:
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 waiting for a more suitable or convenient time to perform parental responsibilities; late attempt to establish relations; no existing bond
(AdoptionofOLB125519L)
(Posted: December 6th 2019)
Custody:
Petition for modification of custody order; best interests of the child; existence of new facts that could alter best interest of the child analysis; full and fair opportunity at trial to present evidence
(th120519Li)
(Posted: December 5th 2019)
Criminal:
Suppression motion; arrest without an arrest warrant after police demanded he exit his house; probable cause for arrest; investigation initiated by anonymous tip; voluntary, knowing, and intelligent waiver of Miranda rights; totality of the circumstances; police use of psychological stratagems; habeas corpus petition; prima facie case of forcible compulsion for sexual offenses
(Kiess120419BT)
(Posted: December 5th 2019)
Civil:
Appeal
(Bower120219m)
(Posted: December 5th 2019)
Criminal:
Appeal; sentencing discretion for probation violation to impose harsher sentence where defendant initially received a lenient sentence and failed to adhere to the conditions of probation; vindicating the authority of the court; obligation of court to abide by probation officer's recommendation
(winkleman120419L)
(Posted: December 5th 2019)
Criminal:
Appeal; permissible cross-examination; prejudice of questions about age jury had an opportunity to observe defendant; weight of evidence; credibility of victim; sufficiency of evidence of unlawful restraint, indecent assault and corruption of minors; vacation of sentence when defendant convicted of an offense that is a lesser-included offense of crime actually charged; timing of claim of ineffective counsel
(Matlosz112719BT)
(Posted: December 2nd 2019)
Civil:
Preliminary objections and motion to stay; appeal from magistrate court judgments; complaint with unnecessary detail, with imprecise request for relief; extensive impertinent material; sufficiency of claim for defamation; judicial privilege for statements made to investigating police officer; towing of damaged vehicle as state action because it was pursuant to statute; allegation of lack of notice; sealing medical records first introduced to the action without confidential document form cover sheet; consolidation of actions dealing with the same subject matter rather than staying one of the actions; withdrawal of demand for jury trial where one party objects
(rose112719LI)
(Posted: November 27th 2019)
Divorce:
Appeal; jurisdiction of civil court after death of party to contract; contested ownership of decedent's life insurance benefits; rights to proceeds of former spouse's life insurance; ERISA preemption; enforcement of unambiguous property settlement agreement
(harmon112519L)
(Posted: November 27th 2019)
Custody:
Petition of paternal grandmother of children to intervene in custody action; standing; in loco parentis status; finding of a relationship between petitioner and child that began with consent of the parent or by court order
(MD112219m)
(Posted: November 25th 2019)
Criminal:
Appeal; timeliness of trial under 120-day rule under Interstate Agreement on Detainers; waiver of issues not raised in lower court; claims of ineffective assistance of counsel asserted on direct appeal; applicability of exception for individual claims alleged to warrant exceptional treatment; prejudice from late disclosure of confidential informant's criminal record information where informant not called as witness at trial; need for continuance; objections to failure of Commonwealth to call informant as witness because of inability to confront the witness; missing witness charge where Commonwealth has satisfactory explanation for non appearance of witness; authenticity of text messages where facts and circumstances conform to information in the messages; sufficiency of evidence; testing a representative sample of controlled substances; prejudice from failure to suppress where the court did not consider the evidence at issue; reasonableness of sentence; waiver of issues not raised at sentencing hearing
(moy11182019L)
(Posted: November 22nd 2019)
Civil:
Motion to quash subpoena, for protective order and for sanctions; authority of court to enforce non-party, domesticated subpoena after subpoenaed party has
become a named defendant in a foreign action; compliance with procedures of discovery state
(gentry111919Li)
(Posted: November 21st 2019)
Adoption:
Petition for involuntary termination of parental rights; consent to and revocation of consent to termination; father conceded failure to perform parental duties for at least six months preceding the filing of the petition; existence of protection from abuse order; no existing bond
(AdoptionofLAS111419m)
(Posted: November 19th 2019)
Criminal:
Habeas corpus petition; sufficiency of evidence of attempted murder and aggravated assault; evidence of specific intent to kill by opening a knife and refusing to drop it in the presence
of a police officer; evidence of struggle with officer, taking and using his weapons
(Confer111519BT)
(Posted: November 19th 2019)
Koch vs. T. A. Musser, Inc., d/b/a T. A. Musser Construction, Freeman Miller & Allensville Planing Mill, Inc.
11.1.2019
Eric R. Linhardt
Civil:
Motion in limine; determination of employment status; employee vs independent contractor; factors considered; fact issues; jury question
(koch110119LI)
(Posted: November 2nd 2019)
Adoption:
Petition for involuntary termination of parental rights; non-appearance of defendant; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; no existing bond
(AdoptionofT103119m)
(Posted: November 2nd 2019)
Adoption:
Petition for involuntary termination of parental rights; issues concerning conflicts involving the guardians ad litem; waiver of conflict; repeated and continued incapacity of the parent due to extended incarceration; conviction of sexual offenses requiring registration under Megan's Law; evidence of extensive efforts to retain relationship, despite incarceration; expert testimony on bonding; consideration of the child's views on continued relationship with father; no necessary and beneficial bond between child and father
(AdoptionofDW103019m)
(Posted: October 30th 2019)
Criminal:
Appeal; sentencing discretion; claimed unduly harsh and excessive sentence; factors considered by the court; availability of programs and services with Department of Corrections
(Strickland102319L)
(Posted: October 29th 2019)
Criminal:
Motion to modify sentence; Recidivism Risk Reduction Incentive program eligibility; discretion of court to impose RRRI sentence with approval of the district attorney; request for credit for time served; entitlement to duplicate credit; claimed unduly harsh sentence
(Eck101819L)
(Posted: October 29th 2019)
Bower vs. Bower, Bower Container, LLC and Bower Container & Services, Inc.
10.22.2019
Joy Reynolds McCoy
Civil:
Appeal; timeliness of appeal of dismissal of suit for failure to file complaint as ordered by the court
(Bower102219m)
(Posted: October 29th 2019)
Criminal:
Motion to dismiss; rule 600; Commonwealth due diligence in bringing case to trial; calculation of excludable time
(Jackson102419BT)
(Posted: October 27th 2019)
Criminal:
New trial motion; Brady violation for suppression of evidence by prosecution; materiality; prejudice
(Coleman102419BT)
(Posted: October 27th 2019)
Civil:
motion to appoint counsel and for extension to file certificate of merit; extreme circumstances that implicate fourteenth amendment due process rights; ability to obtain attorney on a contingency fee basis; discretionary authority to extend certificate of merit deadline for good cause shown
(Milhouse102519LI)
(Posted: October 27th 2019)
Criminal:
Post-sentence motion; sentencing discretion; factors supporting aggravated range sentence; merger of offenses; separate criminal acts; recusal of judge who previously served as district attorney
(moore102519Li)
(Posted: October 27th 2019)
Wills and Estates:
Petition for reimbursement of attorney fees; claimed bad faith in will contest; unsuccessful appeal; issue of standing raised sue sponte by the court; arguable merit of argument distinguishing cases; procedural mistake rather than deliberate dilatory conduct; non-frivolous basis for appeal
(fink102419Li)
(Posted: October 24th 2019)
Criminal:
Post conviction relief act petition; authority to modify negotiated sentence
(Mitchell102319L)
(Posted: October 23rd 2019)
Criminal:
Appeal
(McLaurin102219L)
(Posted: October 23rd 2019)
Civil:
Preliminary objections; specificity of allegations in credit card collection complaint; pleading notice of the claim and facts essential to support claim; pleading evidence
(Templin101419Li)
(Posted: October 17th 2019)
Criminal:
Suppression motion; standing; claimed use of suppressed information to identify defendant; independent source of information; habeas corpus motion
(Johnson101419BT)
(Posted: October 17th 2019)
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