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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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)
Criminal:
Commonwealth appeal; rule 600 dismissal; burden of proof; Commonwealth unprepared to present evidence of due diligence; discretion to allow hearing on reconsideration motion
(Best092719L)
(Posted: October 16th 2019)
Criminal:
Appeal
(Ceruti101119L)
(Posted: October 11th 2019)
Criminal:
Post conviction relief act petition; knowing, voluntary and intelligent plea; jurisdiction of the court; timeliness of petition; waiver of issues
(boone101019L)
(Posted: October 11th 2019)
Criminal:
Post conviction relief act petition; claims of ineffective assistance of counsel; objection to testimony identifying a voice; description of demeanor based on sound of voice; prejudice resulting from identification of defendant as shooter, where defendant admitted to having been the shooter; admissibility of evidence that testifying officer was involved in drug investigation, when he investigated the shooting; evidence of drugs and drug dealing when crime arose out of a drug deal; reasonable strategic reason for trial counsel's questions; prejudice of trial evidence of defendant's status as parolee; timeliness of objection to the warrant where no suppression motion was filed; need for evidence on the amount of time used to prepare the defendant for trial; claimed lack of consultation concerning possible plea agreement before trial
(Boyd101019L)
(Posted: October 11th 2019)
Criminal:
Appeal; discretion of court in imposing a state sentence on re-sentence for probation violation where there were no new offenses; repeated failure to comply with conditions of probation
(cradle101019L)
(Posted: October 11th 2019)
Criminal:
Suppression motion; voluntary, knowing, and intelligent consent to search vehicle; defendant incoherent; third party consent; authority of passenger over the vehicle; probable cause to issue search warrant independent from illegal search
(Kapp092519BT)
(Posted: October 7th 2019)
Criminal:
Suppression motion; probable cause for search; sufficiency of search warrant affidavit
(Johnson092719L)
(Posted: September 29th 2019)
Civil:
Motion in limine; evidence of use of marijuana prior to accident; relevance of chronic marijuana use as a factor to determine future earning capacity where plaintiff admitted to losing a job and to difficulty maintaining work due to use of marijuana; evidence of use of marijuana on question of life expectancy, without expert opinion
(koch092419L)
(Posted: September 25th 2019)
Criminal:
Motion to dismiss; rule 600; Commonwealth burden of due diligence; reasonable efforts are required, not perfection
(brown092419L)
(Posted: September 24th 2019)
Criminal:
Motion to dismiss; rule 600; Commonwealth burden of due diligence; causes of delay
(saldivar092319L)
(Posted: September 23rd 2019)
Criminal:
Suppression motion; legality of entry into home; claimed exigent circumstances; protective sweep inside home
(Drummond092019L)
(Posted: September 20th 2019)
Criminal:
Suppression motion; probable cause for search warrant; reliance on information that is too old or stale; likelihood of an ongoing criminal offense; reliability of information where veracity and basis of witness's knowledge is unknown; presumption of trustworthiness of eyewitness to a crime who voluntarily reports observations to police; over broad warrant
(Kuhns091919BT)
(Posted: September 19th 2019)
Criminal:
Appeal
(Sailor091919L)
(Posted: September 19th 2019)
Criminal:
Appeal; admissibility of use of marijuana on day before accident
(Rhinehart091919L)
(Posted: September 19th 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; no existing bond
(AdoptionofTM091719m)
(Posted: September 17th 2019)
Criminal:
Suppression motion; search of home; consent to enter home; consent to search residence, without limitation; reasonable suspicion to do a pat down search due to suspected involvement by defendant in previous shooting incident; sufficiency of evidence to establish possession of drugs; constructive possession; testimonial evidence of possession; co-conspirator liability; incomplete discovery responses
(jennings091619L)
(Posted: September 16th 2019)
Criminal:
Suppression motion; right to remain silent; interview without Miranda rights being given; custodial interrogation
(Snyder091319BT)
(Posted: September 14th 2019)
Criminal:
En banc consideration of motion for modification of probation conditions; effect of Pennsylvania's Medical Marijuana Act; use of medical marijuana by probationer regardless of federal law, court policy or signed probation conditions; applicability of the Human Relations Act and probationer's claimed disability accommodation; preemption doctrine; broad discretion of court in fashioning reasonable conditions for probationers
(wood091219LBM)
(Posted: September 12th 2019)
Custody:
Appeal; children's fast track appeal; failure to file concise statement of errors complained of simultaneously with the appeal
(SBB09319m)
(Posted: September 10th 2019)
Family:
Complaint to establish paternity; rebuttable presumption when mother is married; protection of an intact family; advancing the policy behind presumption; applicability of paternity by estoppel
(jrh082919m)
(Posted: September 10th 2019)
Criminal:
Suppression motion; reasonable expectation of privacy; casual visitor; Miranda warnings for custodial interrogation; voluntary incriminatory statements; search of person based on totality of facts and circumstances; habeas corpus petition; sufficiency of evidence where defendant was found in close proximity to drugs and he admitted the drugs were his
(knight090519L)
(Posted: September 5th 2019)
Criminal:
Motion to dismiss; Rule 600; due diligence to bring defendant to trial; delay outside Commonwealth's control; need for perfect vigilance and punctilious care
(sanders090519L)
(Posted: September 5th 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; lack of obstacles preventing parent from exercising his parental rights; no existing bond
(AdoptionofNH082919m)
(Posted: August 29th 2019)
Administrative Appeal:
Appeal from school board decision to change job title; reconsideration of previous opinion allowing a hearing for revision of job title and job description; personal or property right in employment position; definition of professional employee; stigma-plus test; requiring hearing for non-dismissal situation
(Smith082919Li)
(Posted: August 29th 2019)
Criminal:
Appeal
(williams082619L)
(Posted: August 28th 2019)
Criminal:
Suppression motion; suggestive photo array; photo array that varied from an individual's description; expansive list of similarities in photos
(Truitt082119BT)
(Posted: August 26th 2019)
Civil:
Petition for charging order, foreclosure, and judicial sale; involuntary foreclosure of dilatory and obstructionist partner's share of the partnership, to pay debt owed to the partnership; sufficiency of evidence of improper management of the partnership; credibility of testimony
(linn082619Li)
(Posted: August 26th 2019)
Civil:
Non-jury trial; landlord tenant complaint; enforceable oral lease; implied contract; proof of written notice to quit; Best Evidence Rule; right to invite employees, business visitors, tradesmen, deliverymen, suppliers of goods and services to rented apartment; award of possession to tenant
(Sampson082619Li)
(Posted: August 26th 2019)
Criminal:
Suppression motion; moot issues regarding materials never found; questioning of a party after he indicates he wants to remain silent or wants an attorney; ambiguity in refusal to talk with police; unambiguous invocation of right to counsel; break in "Miranda custody"; mounting coercive pressures of prolonged police custody
(bair082319L)
(Posted: August 24th 2019)
Lycoming Engines, an Unincorporated Division of Avco Corporation vs Christiansen Aviation, Inc.
8.20.2019
Eric R. Linhardt
Civil:
Preliminary objections; jurisdiction of court; attempt to create jurisdiction by averring facts upon information or belief; discovery on jurisdictional issue; use of Pennsylvania Declaratory Judgments Act to construe warranty agreement
(LycomingEngines082019Li)
(Posted: August 20th 2019)
Criminal:
Commonwealth appeal; denial of reconsideration and request to present additional evidence; Commonwealth's lack of preparedness and due diligence at rule 600 hearing
(Entz082019L)
(Posted: August 20th 2019)
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