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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Civil:
Uncontested motion to file complaint under seal and to seal judicial record; specificity of pleading intrusion upon seclusion claim; presumption of the public's right of access to court documents; need to plead particulars of highly personal, sensitive or potentially embarrassing contents of medical records
(Fausnaught082019Li)
(Posted: August 20th 2019)
Criminal:
Appeal
(Castro080919L)
(Posted: August 16th 2019)
Criminal:
Suppression motion; warrantless search of home; probable cause for search; exigent circumstances; conflicting testimony
(bigelow081619L)
(Posted: August 16th 2019)
Criminal:
Suppression motion; DUI charge; blood testing delay; good cause for delay; flight from accident scene
(Kiess081619L)
(Posted: August 16th 2019)
Criminal:
Appeal; unduly harsh sentence; discretion of the court; sentencing factors; lack of mitigating factors; refusal to take advantage of available treatment and services; personality related impulsive behavior.
(Willits081619L)
(Posted: August 16th 2019)
Criminal:
Motion for disclosure of the identity of confidential informant; qualified privilege; materiality of identity of confidential informant to defense; balancing factors; potential conflict within public defender's office; inability to form a proper defence without knowing the transaction involving the informant; petition for writ of habeas corpus; prima facie case where finding was based on hearsay testimony of information from confidential informant; reliability of information
(daniels080919L)
(Posted: August 9th 2019)
Civil:
Preliminary objections; claim of oral agreement to bequeath property; specific performance of oral agreement; statute of frauds; applicability of partial performance exception; exclusive possession requirement; parol evidence rule applicability in effort to dispute the express terms of a will; Dead Man's Act
(Kramer080819Li)
(Posted: August 9th 2019)
Family:
Appeal; protection from abuse order; sufficiency of the evidence; evidence of bodily injury and threats of injury and death; course of conduct to place plaintiff. in reasonable fear of bodily injury
(kn080919L)
(Posted: August 9th 2019)
Civil:
Non-jury trial; land dispute; criteria for easement by necessity or easement by prescription; necessary for the owner of dominant tenement to use land; continuous open or notorious use
(Barto080819Li)
(Posted: August 9th 2019)
Criminal:
Motion for nominal bail; claimed rule 600 violation; calculation of excludable time
(Choice080819BT)
(Posted: August 9th 2019)
Criminal:
Motion to dismiss under rule 600; determination of excludable time; Commonwealth's reliance on court administration to properly schedule cases under rule 600
(Girardi080219BT)
(Posted: August 5th 2019)
Criminal:
Motion to permit testimony by contemporaneous alternative method; child victim of sex offence; potential testimony causing child serious emotional distress
(Grob080219BT)
(Posted: August 5th 2019)
Criminal:
Sufficiency of evidence to grade corruption of minor charge as a felony; evidence that victim did not consent to improper touching
(Dyer073119L)
(Posted: August 1st 2019)
Criminal:
Omnibus pretrial motion; admissibility of police video; demonstrative evidence; accurate representation; unfair prejudice and possibility of misleading jury; suppression issue; breadth of search warrant for cell phone data; admissibility of statements; lay opinion; witness opinion based on observations; prejudice of jury hearing witness use technical term "murder"
(Davis073119BT)
(Posted: August 1st 2019)
Civil:
Preliminary objections; defamation claim; high public official immunity for acts of sheriff in the course of his official duties; statements involving a recognized interest of the public made in the course of sheriff's duty; sufficiency of allegations of malice; failure to adequately plead damages
(phillips072019leete)
(Posted: July 30th 2019)
Civil:
Summary judgment motion; authority of sheriff to limit work awarded to constables; implementation of Rules of Judicial Administration relating to constables; role of president judge; constables as independent contractors; authority of judges of coordinate jurisdiction to overrule each other's decisions
(riley072619Leete)
(Posted: July 30th 2019)
Custody:
Motion to temporarily modify custody order so that existing schedule will be retained while father is in the police academy; custody arrangement modified to avoid adjustment issues
(SBB072219m)
(Posted: July 29th 2019)
Criminal:
Motion to dismiss under rule 600; calculation of excludable time; time excluded due to request for new counsel and co-defendant's continuance request; waiver of objection to previous judge's determination as to against whom the continuance request would run
(Jackson072519L)
(Posted: July 25th 2019)
Criminal:
Suppression motion; vehicle stop; reasonable suspicion: of violation of the Motor Vehicle Code; custodial detention; validity of consent for search
(Lewis072319BT)
(Posted: July 23rd 2019)
Criminal:
Post conviction relief act petition; ineffective counsel claim for failure to retain an expert witness where no witness certifications support claim; court's discretion of need for expert witness; confirmatory expert report; lack of prejudice; need for witness certifications to compel DNA samples from claimed other suspects; probable cause for samples from third parties
(Trapp072319L)
(Posted: July 23rd 2019)
Criminal:
Habeas corpus motion; prima facie case of possession of drug paraphernalia found in vehicle that defendant possessed exclusively for a period of time; suppression motion; probable cause for arrest; probable cause for search of vehicle with crack smoking device in plain view
(Smith071219bt)
(Posted: July 22nd 2019)
Criminal:
Appeal; sufficiency and weight of the evidence; circumstantial evidence; need for eyewitness to prove crime
(Hunter071519L)
(Posted: July 22nd 2019)
Wills and Estates:
Will contest; standing of appellants; aggrieved interest in immediately preceding will that is substantial, direct, and immediate
(InreFink071919Li)
(Posted: July 19th 2019)
Schultz vs. Barnes, Shannon, Steve Shannon Tire Company, Inc., Colonial House Inn, Inc., Hufnagle and Sanguedolce
7.19.2019
Eric R. Linhardt
Civil:
Preliminary objections; viability of dram shop claim where facts supporting visible intoxication are not pleaded; viability of claim against shareholder of corporation for tort of corporation; specificity of wrongful death claim; punitive damages in wrongful death claim; factual basis for asserting punitive damage claim
(Shultz071919Li)
(Posted: July 19th 2019)
Administrative Appeal:
Reconsideration motion; eligibility for admittance into public housing after default on student loan; consideration of mitigating factors; consideration of time, nature, and extent of the applicant's conduct; completeness of the record; hearing officer's findings supporting decision expressed on the record
(TurnerIrving071919Li)
(Posted: July 19th 2019)
Criminal:
Appeal; declaration that SVP hearing and determination are unconstitutional under Butler despite amendments to SORNA; continued punitive nature of statute; express legislative history suggesting amendments to statute were to address constitutional infirmities; strong presumption of constitutionality; historic jury function; burden of proof; use of "as applied" analysis
(ULTSH070919L)
(Posted: July 19th 2019)
Civil:
Reconsideration motion; Orphans' court case filed in the civil division; contractual claim that cannot be divorced from administration of estate; statutory enumeration of issues that must be handled as part of administration of estate; transfer request
(Kramer071719Li)
(Posted: July 17th 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; child removed from the care of parent by court order, lack of attempts by parent to begin compliance with the child permanency plan; no existing bond
(AdoptionofAP071519m)
(Posted: July 16th 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
(6633)
(Posted: July 9th 2019)
Criminal:
Motion to dismiss under rule 600; due diligence to bring case to trial; Lycoming County procedures; use of diary or record keeping system to keep track of cases; systemic problems with Commonwealth's record keeping for rule 600 purposes
(ceruti070919L)
(Posted: July 9th 2019)
Criminal:
Appeal; admissibility of expert testimony on whether a confession was false or not; need for Frye hearing where expert's methods are not novel and are commonly accepted by Pennsylvania courts; charge for consciousness of innocence because defendant self-reported to the police station for questioning; jury charge for omissions in police investigation
(Rawls070519BT)
(Posted: July 8th 2019)
Shanghai Chestnut Oak Import & Export Company, LTD. vs Catskill Timber INdustries, Inc.
7.3.2019
Eric R. Linhardt
Civil:
Preliminary objection to personal jurisdiction; purposefully directing activities at residents of forum; transacting business; integrated contract; consideration of contemporaneous statements; contract interpretation; failure to specify origin of lumber in contract
(ShanghaiChestnutCo.070319Li)
(Posted: July 3rd 2019)
Custody:
Appeal; long-standing mutual babysitter/first option clause; father allowed to make arrangements for childcare during his periods of custody; choice of schools; best interests of the child; consistent and stable schedule
(RP070219m)
(Posted: July 3rd 2019)
Administrative Appeal:
Zoning appeal; findings supported by substantial evidence; abuse of discretion or error of law; unnecessary hardship where developing lot for residential structures would be fiscally excessive
(Tilley062819br)
(Posted: July 3rd 2019)
Criminal:
Habeas corpus petition; sufficiency of evidence of delivery and possession of heroin; identification of substance not recovered as heroin; evidence of criminal attempt or acting as accomplice
(Kelly062819BT)
(Posted: July 3rd 2019)
Criminal:
Appeal of denial of post conviction relief act petition; waiver of issues not raised in post-sentence motions or on appeal; claimed ex parte conversations with prosecution, which consisted of the court overhearing off record conversation that included defendant, prior to reopening record to hear additional evidence; waiver of issue not raised before the appeal; basis to withdraw guilty plea, even if motion had been filed
(Moyer062119Li)
(Posted: July 3rd 2019)
Criminal:
Recusal motion; previous prosecution of defendant by judge, when he is district attorney; waiver by failing to raise issue earlier; appearance of bias due to previous supervisory position; direction to limit profanity in testimony; neutral comment that was not derogatory toward defendant
(Moore070219Li)
(Posted: July 2nd 2019)
Criminal:
Post conviction relief act petition; identification of defendant by victim; prejudice related to photo array; accomplice as a corrupt and polluted source; prejudice from failure to propose jury charge
(kinney062819L)
(Posted: June 28th 2019)
Adoption:
Petition for involuntary termination of parental rights; non-appearance of mother; 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
(AdoptionofSMT062619m)
(Posted: June 27th 2019)
Civil:
Summary judgment motion; individual liability of corporate employee; punitive damages; evidence of awareness of party of necessary safety procedures while choosing to disregard them, risking injury
(koch062719br)
(Posted: June 27th 2019)
Civil:
Preliminary objections; jurisdiction of civil division; preference for transfer over dismissal; refusal of plaintiff to file will contest
(Kramer062619Li)
(Posted: June 26th 2019)
Criminal:
Post sentence motion; sufficiency of evidence to sustain verdict of delivery and possession of drugs and child endangerment where evidence was that drugs were exchanged in presence of young child; weight of the evidence; jury's discretion to believe the witnesses; criteria for consolidation of cases; danger of jury confusion or failure to separate the charges; prejudice; timeliness of objection to jury panel; waiver; claimed Brady violation where the information at issue was proffered by defendant himself; reasonableness of sentence involving long term pattern of dealing in drugs
(Crippen062519BT)
(Posted: June 25th 2019)
Criminal:
Petition to stop 20% deduction for court costs, fines and restitution from gifts from family and friends, and the return of money pursuant to 42 Pa. C.S.A. §8127; pro se filing by represented party; court jurisdiction over claims to stop Act 84 deductions; prison's authority to deduct funds from prison account; proper method to raise illegal sentence issue
(Moy062019L)
(Posted: June 21st 2019)
Criminal:
Opinion on remand to determine whether double jeopardy motion was frivolous; mistrial ordered due to manifest necessity; inadequately developed record; jurors concerned about mere presence of one of defendant's supporters, who also was a potential witness
(Kennedy061819L)
(Posted: June 18th 2019)
Criminal:
Commonwealth appeal; suppression issue; reasonable suspicion; rights of a parolee; issues raised in the trial court; waiver; scope of the motion to suppress; issues argued during the hearing without objection about scope of motion
(morgret061219L)
(Posted: June 14th 2019)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court; applicability of statutory exceptions; retroactive application of Muniz case; legality of sentence challenge
(frisosky061419L)
(Posted: June 14th 2019)
Criminal:
Post-sentence motion; sufficiency of evidence that defendant possessed controlled substances with the intent to deliver them; flight as consciousness of guilt; possession of separately packaged drugs, cash, a phone and no possession of ways to ingest the drugs, as evidence of intent to distribute; permitted inferences
(McLaurin061419L)
(Posted: June 14th 2019)
Criminal:
Post conviction relief act petition; jurisdiction; allegation of error previously litigated or waived; binding Superior Court decision
(Clay061319BT)
(Posted: June 14th 2019)
Criminal:
Pretrial discovery and inspection motion; court discretion; request for prison policies to support self-defense argument in an assault of officer case; officers within scope of duties; interests of safety and security; in camera review; balancing interests
(Bean061319L)
(Posted: June 13th 2019)
O'Brien vs. Board of Directors of the South Williamsport Area Volunteer Fire Department
6.13.2019
Nancy L. Butts
Civil:
Preliminary objections; claimed Sunshine Act violation; nonwaivable statute of limitations; date of discovery of a potential violation; capacity to sue for breach of fiduciary
duties by a board of directors; sufficiency of claim of breach of fiduciary duty; legal and factually cognizable claims for breach of duty of care, loyalty, and obedience
(OBrien061319BT)
(Posted: June 13th 2019)
Criminal:
Competency of elderly defendant; ability of court to dismiss charges where the Commonwealth inexplicably refuses to concede defendant's incompetence, despite the court's finding after three hearings that there was no possibility that defendant would regain his competence; requirement of Mental Health Procedures Act
(AMW061119L)
(Posted: June 13th 2019)
Administrative Appeal:
Appeal of denial of building permit; interpretation of final conditional plan approval of multi-lot subdivision plan; error of law; definition of "forestry"; factual issues requiring additional testimony
(Winner060719Li)
(Posted: June 7th 2019)
Criminal:
Tender years motion to admit out of court statements; child to testify in open court before jury but with defendant in another room
(counsil060719L)
(Posted: June 7th 2019)
Criminal:
Appeal; sentencing discretion; sentence below mitigated range; consideration of sentencing factors; protection of the public and rehabilitation; availability of justification/self-defense to defend case; availability of legal alternative; danger of imminent harm; ignorance of the law as defense
(Applegate060519L)
(Posted: June 5th 2019)
Criminal:
Post sentence motions; admissibility of text messages exchanged between victim and defendant; hearsay; messages not offered for their truth; impeachment evidence of images on defendant's phone, where authenticity of representation was not issue; admissibility of expert testimony where no expert report provided; sufficiency of verbal proffer; waiver of issues where no objection stated; need for cautionary instruction concerning expressed emotions in court; allowing expert police officer witness to testify to lay opinion; evidence about witnesses use of aliases; relevance of evidence that defendant intended to attend college; allowing autopsy photos to go out with jury; defining "forcefully entering" in castle doctrine instruction; adequacy of self defense instruction; reasonableness of sentence
(Williams053119L)
(Posted: May 31st 2019)
Criminal:
Motion to reconsider habeas corpus petition denial; intervening appeal court case with similar facts; trial issues based solely on consciousness of guilt as a result of allegedly false statements; lack of evidence of reckless or grossly negligent behavior
(rhinehart052819L)
(Posted: May 28th 2019)
Administrative Appeal:
Appeal of denial of public housing application; student loan default; effect of acceptance into loan rehabilitation program; interpretation of applicable regulations
(TurnerIrving052019Li)
(Posted: May 20th 2019)
Criminal:
Motion for time credit and corrected commitment treated as post conviction relief act petition; timeliness of motion; jurisdiction of the court; waiver of request for credit; credit for time released on bail with electronic monitoring
(graham051319L)
(Posted: May 17th 2019)
Criminal:
Post conviction relief act petition; credibility of claim that defendant requested his attorney to appeal sentence; circumstances considered in sentencing; sentencing discretion; preservation of objection to sentence
(Stark051519L)
(Posted: May 16th 2019)
Criminal:
Motion to dismiss; Rule 600 issue; excludable time; delay in responding to defendant's informal responses for discovery; ttme attributable to the normal progression of a case
(Bair050719L)
(Posted: May 14th 2019)
Criminal:
Post-sentence motions; recusal motion; judge's conversation with juror during trial; failure to advise counsel of the conversation before verdict; prejudice; judge as witness on recusal issue; sufficiency of evidence; impairment as cause of accident; evidence that marijuana intoxication could have affected driving, causing collision
(Sailor051319L)
(Posted: May 13th 2019)
Criminal:
Habeas corpus petition; sufficiency of evidence of attempt to deliver controlled substance; a substantial step toward delivering
(johnson051319L)
(Posted: May 13th 2019)
Criminal:
Suppression motion; reasonable suspicion to detain defendant; warrantless search of a parolee; information that defendant matched the description of someone observed by another officer making a suspected drug transaction; habeas corpus petition; sufficiency of evidence of intent to deliver drugs; possession of scale, cash and marijuana, with no means of ingestion of drugs; disclosure of Brady material; disclosure of evidence to be used at trial; disclosure of cell phone evidence
(smith051319L)
(Posted: May 13th 2019)
Criminal:
Suppression motion; probable cause for motor vehicle violation; failure to use turn signal to pass vehicle, without leaving traffic lane
(Rice050919BT)
(Posted: May 13th 2019)
Criminal:
Reconsideration motion; authority to revisit decision after 30 days; claimed pre-textual vehicle stop
(Keys051019BT)
(Posted: May 13th 2019)
Criminal:
Suppression motion; reasonable suspicion that criminal activity is afoot; investigatory detention; vehicle legally parked with defendant sleeping in vehicle; mere hunch; emergency requiring immediate aid
(Getgen050719BT)
(Posted: May 9th 2019)
Wills and Estates:
Will contest; standing; jurisdictional issue that may be raised sua sponte; ability of intestate heir to contest a will
(InreFink050619Li)
(Posted: May 6th 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; failure to exercise court awarded custody rights; no existing bond
(AdoptionofCAB5119m)
(Posted: May 4th 2019)
Criminal:
Motion to dismiss for rule 600 violation; excludable time; burden to prove due diligence; consideration of materials attached to brief but not included in evidence; circumstances beyond Commonwealth's control; bare statements of unavailability of witness
(Entz043019L)
(Posted: May 4th 2019)
Criminal:
Appeal; post conviction relief act petition; jurisdiction of the court; timeliness of petition; claim respecting discretionary aspects of sentencing;
(Showers042219L)
(Posted: May 4th 2019)
Criminal:
Commonwealth appeal of dismissal of charge as de minimis; extenuations involving theft of items under state of panic due to inability to care for children placed in her custody
(Burrows042219L)
(Posted: May 4th 2019)
Criminal:
Suppression motion; probable cause for an arrest for probation violation where defendant admits to violation
(Anspach041119BT)
(Posted: May 4th 2019)
Criminal:
Post conviction relief act petition; request to make RRRI eligible where defendant is not eligible; knowing, intelligent, voluntary, and understanding guilty plea
(Taylor041719BT)
(Posted: May 4th 2019)
Criminal:
Post-conviction relief act petition; ineffective counsel; merger of offenses; crimes which are "greater and lesser included offenses" of one another; one offense that has an element the other does not; failure to hire psychiatrist to testify as to defendant's incompetence prior to his plea; voluntariness of plea; failure to hire expert witnesses to explain police training techniques and defendant's mental state at the time of the incident; relevance of testimony; relevance of evidence of defendant's lack of maturity
(Walls050119BT)
(Posted: May 2nd 2019)
Criminal:
Amended opinion; reconsideration motion; video of interaction with officer; material differences with officer's testimony
(barnes050219L)
(Posted: May 2nd 2019)
Criminal:
Motion to dismiss for rule 600 violation; excludable time; concurrence with Commonwealth continuance motion
(Murray042919L)
(Posted: May 1st 2019)
Criminal:
Suppression motion; vehicle stop; claimed momentary and minor traffic violation; habeas corpus petition; possession of contraband located in vehicle; totality of circumstances
(Harris042919L)
(Posted: May 1st 2019)
Criminal:
Motion for rule 600 nominal bail; continuance requests by defendant's counsel imputed to defendant
(Breeland042619L)
(Posted: May 1st 2019)
Criminal:
Motion to remand to juvenile court; knowing, intelligent, and voluntary waiver of his certification hearing; probable cause for vehicle stop; signalling violation
(Davis042519BT)
(Posted: May 1st 2019)
Criminal:
Motion for reconsideration of court's decision not to hold a Sexually Violent Predator determination hearing; punitive effect of statute; consideration of relevant factors; burden of proof to disprove status; adherence to doctrine of stare decisis
(webb041519L)
(Posted: April 19th 2019)
Williams vs. Bitler, Williams, Lycoming Supply, Inc., Kamatoma East, LTD., & Lycoming Construction Services, LLC.
4.17.2019
Eric R. Linhardt
Civil:
Preliminary objections; breach of fiduciary duty claim; will interpretation; standing to file claim; derivative action by trust beneficiary; action for aiding and abetting breach of fiduciary duty; civil conspiracy
(Williams041719Li)
(Posted: April 17th 2019)
Civil:
Summary judgment motion; municipal immunity; dangerous condition of sidewalk; jury questions; notice of defect; constructive notice; causation
(buckley032519L)
(Posted: April 16th 2019)
Criminal:
Reconsideration motion; video of interaction with officer; material differences with officer's testimony
(Barnes041119L)
(Posted: April 12th 2019)
Criminal:
Appeal; reasonableness of sentence; sentencing factors; failure to address his substance abuse issues; severity of conduct; danger to public
(grossnickle032519L)
(Posted: April 12th 2019)
Civil:
Suppression motion; knowing, intelligent and voluntary waiver of Miranda rights; impairment by drugs and mental health issues; evidentiary support for claims; totally of circumstances; evaluation of appearance of defendant in video
(Hines041119L)
(Posted: April 12th 2019)
Wills and Estates:
Petition to compel; interpretation of trust agreement; coordinate jurisdiction rule
(Guffy032619Li)
(Posted: April 12th 2019)
Criminal:
Appeal; vague statement of errors complained of on appeal; sufficiency of evidence of delivery of fentanyl to confidential informant
(lopez040419L)
(Posted: April 11th 2019)
Criminal:
Commonwealth appeal; determination of sexually violent predator status; constitutionality of statute; punitive effect of SORNA; ex post facto law; burden of proof
(vassallo040419L)
(Posted: April 11th 2019)
Criminal:
Suppression motion; probable cause to search home; four corners of the affidavit; uncorroborated hearsay; right to disclosure of identity of confidential informant
(carter040319L)
(Posted: April 3rd 2019)
Criminal:
Appeal; sentencing discretion; consideration of particular circumstances of the offense and character of defendant; failure of rehabilitative efforts
(Walters040319L)
(Posted: April 3rd 2019)
Criminal:
Appeal; sentencing discretion; consideration of particular circumstances of offense and character of defendant; volume discounts for crimes
(Hall040319L)
(Posted: April 3rd 2019)
Criminal:
Suppression motion; voluntariness of blood draw based on consent form; reasonable suspicion of a traffic violation; vehicle weaving back and forth within lane and drifting left on slight turns
(Garman032819BT)
(Posted: March 28th 2019)
Criminal:
Post-sentence motions; reasonableness of sentence; convictions of multiple sex offenses against children; repeat offender; remorse; incorrect grading of an offence; sufficiency of evidence; requirements for indecent contact; evidence of penetration
(Castro032619L)
(Posted: March 26th 2019)
Criminal:
Appeal; claimed unreasonable and excessive sentence; revocation of probation and imposition of prison sentence; duty of court to follow sentencing recommendation of probation office; violation of conditions of parole; refusal to follow treatment drug recommendations
(Villanueva031419L)
(Posted: March 26th 2019)
Administrative Appeal:
Petition to set aside tax sale; failure to pay taxes or set up payment plan before tax upset sale
(Allen032219Li)
(Posted: March 26th 2019)
Criminal:
Motion to dismiss for violation of compulsory joinder statute; charges based on same criminal conduct or arising from same criminal episode; common issues of law or fact; dependence on same evidence
(grossnickle032519L)
(Posted: March 26th 2019)
Criminal:
Motion to withdraw guilty plea; discretion of the court; fair and just reason; prejudice
(Lowmiller031419L)
(Posted: March 20th 2019)
Criminal:
Post conviction relief act petition; ineffective counsel; failure to introduce victim's medical records or medical expert testimony; failure to demonstrate merit of issue; prejudice; failure to introduce evidence of lack of photo array identification; basis to object to DNA evidence; claimed prosecutorial misconduct; failure to call adverse witnesses; failure of counsel to request charge on accomplice as corrupt an polluted source; failure to preserve issues on appeal where appeal court addressed the merits of the issues
(kinney031419L)
(Posted: March 18th 2019)
Stetts vs. HCR Manorcare, LLC and Manor Care of Williamsport Pa. (North), LLC
3.15.2019
Eric R. Linhardt
Civil:
Preliminary objections; authority of wife to waive husband's right to a file suit; alleged profit maximization as impertinent or scandalous matter; negligence per se for violation of statute relating to neglect of care-dependent person; specificity of allegations; viability of claim of breach of fiduciary duty between a nursing home and its patient; special relationship; punitive damages; intentional widespread understaffing
(Stetts031519Li)
(Posted: March 16th 2019)
Civil:
Reconsideration motion; exclusion of witness testimony for failure to comply with discovery order; counsel's inability to provide specifics as to the witnesses' anticipated testimony; failure to articulate reason for ignoring discovery deadlines
(Barto031519Li)
(Posted: March 16th 2019)
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