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:
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)
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. ยง8127; 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)
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