Commonwealth vs. Applegate
6.5.2019
Marc F. Lovecchio
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)
Commonwealth vs. Williams
5.31.2019
Marc F. Lovecchio
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)
Commonwealth vs. Rhinehart
5.28.2019
Marc F. Lovecchio
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)
Commonwealth vs. Graham
5.13.2019
Marc F. Lovecchio
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)
Commonwealth vs. Stark
5.15.2019
Marc F. Lovecchio
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)
Commonwealth vs. Bair
5.7.2019
Marc F. Lovecchio
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)
Commonwealth vs. Sailor
5.13.2019
Marc F. Lovecchio
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)
Commonwealth vs. Johnson
5.13.2019
Marc F. Lovecchio
Criminal:
Habeas corpus petition; sufficiency of evidence of attempt to deliver controlled substance; a substantial step toward delivering
(johnson051319L)
(Posted: May 13th 2019)
Commonwealth vs. Smith
5.13.2019
Marc F. Lovecchio
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)
Commonwealth vs. Rice
5.9.2019
Nancy L. Butts
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)
Commonwealth vs. Keys
5.10.2019
Nancy L. Butts
Criminal:
Reconsideration motion; authority to revisit decision after 30 days; claimed pre-textual vehicle stop
(Keys051019BT)
(Posted: May 13th 2019)
Commonwealth vs. Getgen
5.7.2019
Nancy L. Butts
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)
Fink Estate
5.6.2019
Eric R. Linhardt
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)
CAB Adoption
5.1.2019
Joy Reynolds McCoy
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)
Commonwealth vs. Entz
4.30.2019
Marc F. Lovecchio
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)
Commonwealth vs. Showers
4.22.2019
Marc F. Lovecchio
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)
Commonwealth vs. Burrows
4.22.2019
Marc F. Lovecchio
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)
Commonwealth vs. Anspach
4.11.2019
Nancy L. Butts
Criminal:
Suppression motion; probable cause for an arrest for probation violation where defendant admits to violation
(Anspach041119BT)
(Posted: May 4th 2019)
Commonwealth vs. Taylor
4.17.2019
Nancy L. Butts
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)
Commonwealth vs. Walls
5.1.2019
Nancy L. Butts
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)
Commonwealth vs. Barnes
5.2.2019
Marc F. Lovecchio
Criminal:
Amended opinion; reconsideration motion; video of interaction with officer; material differences with officer's testimony
(barnes050219L)
(Posted: May 2nd 2019)
Commonwealth vs. Murray
4.29.2019
Marc F. Lovecchio
Criminal:
Motion to dismiss for rule 600 violation; excludable time; concurrence with Commonwealth continuance motion
(Murray042919L)
(Posted: May 1st 2019)
Commonwealth vs. Harris
4.29.2019
Marc F. Lovecchio
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)
Commonwealth vs. Breeland
4.26.2019
Marc F. Lovecchio
Criminal:
Motion for rule 600 nominal bail; continuance requests by defendant's counsel imputed to defendant
(Breeland042619L)
(Posted: May 1st 2019)
Commonwealth vs. Davis
4.25.2019
Nancy L. Butts
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)
Commonwealth vs. Webb
4.15.2019
Marc F. Lovecchio
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)
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)
Commonwealth vs. Barnes
4.11.2019
Marc F. Lovecchio
Criminal:
Reconsideration motion; video of interaction with officer; material differences with officer's testimony
(Barnes041119L)
(Posted: April 12th 2019)
Commonwealth vs. Grossnickle
4.11.2019
Marc F. Lovecchio
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)
Commonwealth vs. Hines
4.11.2019
Marc F. Lovecchio
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)
Guffy Estate
3.26.2019
Eric R. Linhardt
Wills and Estates:
Petition to compel; interpretation of trust agreement; coordinate jurisdiction rule
(Guffy032619Li)
(Posted: April 12th 2019)
Commonwealth vs. Lopez
4.4.2019
Marc F. Lovecchio
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)
Commonwealth vs. Vassallo
4.4.2019
Marc F. Lovecchio
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)
Commonwealth vs. Carter
4.3.2019
Marc F. Lovecchio
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)
Commonwealth vs. Walters
4.3.2019
Marc F. Lovecchio
Criminal:
Appeal; sentencing discretion; consideration of particular circumstances of the offense and character of defendant; failure of rehabilitative efforts
(Walters040319L)
(Posted: April 3rd 2019)
Commonwealth vs. Hall
4.3.2019
Marc F. Lovecchio
Criminal:
Appeal; sentencing discretion; consideration of particular circumstances of offense and character of defendant; volume discounts for crimes
(Hall040319L)
(Posted: April 3rd 2019)
Commonwealth vs. Garman
3.28.2019
Marc F. Lovecchio
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)
Commonwealth vs. Castro
3.26.2019
Marc F. Lovecchio
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)
Commonwealth vs. Villaneuva
3.14.2019
Marc F. Lovecchio
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)
Commonwealth vs. Grossnickle
3.25.2019
Marc F. Lovecchio
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)
Commonwealth vs. Lowmiller
3.14.2019
Marc F. Lovecchio
Criminal:
Motion to withdraw guilty plea; discretion of the court; fair and just reason; prejudice
(Lowmiller031419L)
(Posted: March 20th 2019)
Commonwealth vs. Kinney
3.14.2019
Marc F. Lovecchio
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)
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)
Smith vs. Barto
3.15.2019
Eric R. Linhardt
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)
Civil:
Quiet title action; adverse possession of rights-of-way; intention to abandon, accompanied by external acts by which the intention is carried out; sufficiency of nonuse alone
(Swift031519Li)
(Posted: March 16th 2019)
Criminal:
Post-conviction relief act petition; jurisdiction of the court; Muntz; retroactive rights exception
(Satterfield031419BT)
(Posted: March 16th 2019)
Criminal:
Post sentence motion; unreasonable and excessive sentence; standard range; sentence consecutive to sentence inmate already serving; seriousness of offense; weight of the evidence; believability of witnesses over self serving statements of defendant
(Gallashaw031419BT)
(Posted: March 16th 2019)
Commonwealth vs. Steadley
3.14.2019
Nancy L. Butts
Criminal:
Motion to dismiss for rule 600 violation; time computation; delays attributable to Commonwealth
(Steadley031419BT)
(Posted: March 16th 2019)
Commonwealth vs. Walker
3.8.2019
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case for possession of contraband; constructive possession; suppression motion; reasonable suspicion of a traffic violation to stop vehicle; marijuana odor emitted from vehicle; turn signal violation
(Walker030819BT)
(Posted: March 9th 2019)
Commonwealth vs. McBryan
3.7.2019
Marc F. Lovecchio
Criminal:
Tender years motion; admissibility of out-of-court statement by a child victim; sufficient indicia of reliability of child's statement; defendant's confrontation rights; testimonial nature of child's statements; statements made in connection with medical treatment
(mcbryan030719L)
(Posted: March 7th 2019)
Criminal:
Post conviction relief act petition; ineffective counsel; failure to object to hearing impaired juror; factual support for claim
(Williams030519BT)
(Posted: March 7th 2019)
EGW vs. BD, JoD and JaD
3.6.2019
Joy Reynolds McCoy
Custody, Adoption:
Preliminary objections to custody claim; Uniform Child Custody Jurisdiction Act; child transported to another state after birth without consent of father; notice to father of foreign court action; heroic efforts by bather to gain access to and custody of child; determination of home state of child
(EGW030619m)
(Posted: March 6th 2019)
Commonwealth vs. Shields
2.20.2019
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion for traffic stop for non-operating tail lights
(Shields022019BT)
(Posted: February 20th 2019)
Commonwealth vs. Loyal
2.19.2019
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion to make traffic stop; vehicle code violation for rolling top at stop sign
(Loyal021919BT)
(Posted: February 20th 2019)
TAM Adoption
2.13.2019
Joy Reynolds McCoy
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; failure to exercise agreed custody rights; incarceration; ability to contact child and lack of obstacles imposed by custodial parent; no existing bond
(AdoptionofTAM021319m)
(Posted: February 13th 2019)
JWB and RDB Adoption
2.11.2019
Joy Reynolds McCoy
Adoption:
Appeal
(AdoptionofJWBandRDB021119m)
(Posted: February 13th 2019)
Civil:
Preliminary objections; insufficiency of facts to prove breach of a fiduciary duty; comparative negligence pleaded as a cause of action; claim for attorney fees for dilatory, obdurate or vexatious conduct
(Figured021219Li)
(Posted: February 12th 2019)
Cook vs. Smith
2.12.2019
Eric R. Linhardt
Civil:
Summary judgment motion; inmate procedures for sending money between inmates; exhaustion of administrative remedies; compliance with rules for transferring money
(Cook021219Li)
(Posted: February 12th 2019)
Civil:
Non-jury trial; landlord-tenant dispute; late payment of rent; adequacy of notice; breach of the agreement ; applicability of pay-and-stay; right to possession
(House021219Li)
(Posted: February 12th 2019)
Civil:
Preliminary objections and motion to strike or open judgment; timeliness of motion; merits of excuse; filing of preliminary objections after the judgment was taken, before the motion to open was filed; claimed non-receipt of notices of default where evidence showed that they were mailed
(Eurooptics020819Li)
(Posted: February 12th 2019)
MK & DK Adoption
2.12.2019
Eric R. Linhardt
Adoption:
Appeal; denial of voluntary relinquishment request after evidence presented at involuntary termination hearing; court discretion
(InreMKDK021219Li)
(Posted: February 12th 2019)
Commonwealth vs. Johnson
2.12.2019
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion for traffic stop; observed violations; probable cause for arrest with admission to having Suboxone in vehicle; search incident to arrest; joint constructive possession
(Johnson021219BT)
(Posted: February 12th 2019)
Commonwealth vs. Whaley
2.11.2019
Marc F. Lovecchio
Criminal:
Habeas corpus petition; prima facie case of possession with intent to deliver; evidence of large amount of cash, presence of weapons and marijuana in multiple locations with large vacuum sealed bag containing smaller individual bags; suppression motion; home search; protective sweep to secure scene after probable cause established; seizure of firearms and currency not specifically identified in search warrant; notice of items to be seized
(Whaley021119BT)
(Posted: February 11th 2019)
Commonwealth vs. Ross
2.11.2019
Marc F. Lovecchio
Criminal:
Motion to permit testimony by contemporaneous alternative method; child rape case; evidence of severe emotional distress significantly impairing the victim's ability to communicate
(Ross021119L)
(Posted: February 11th 2019)
Commonwealth vs. Hunter
2.7.2019
Marc F. Lovecchio
Criminal:
Post-sentence motion; weight of the evidence; circumstantial evidence that a simple assault occurred and that defendant committed it
(Hunter010719L)
(Posted: February 7th 2019)
JDS & JMS Adoption
1.31.2019
Joy Reynolds McCoy
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; ability to contact child and lack of obstacles imposed by custodial parent; no existing bond
(AdoptionofJDSandJMS013119m)
(Posted: February 4th 2019)
Smith v Barto
1.18.2019
Eric R. Linhardt
Civil:
Consolidation motion; identical facts; need to reopen discovery; preliminary objection to easement by necessity claim; pleading missing essential element; leave to amend
(Barto011819Li)
(Posted: January 25th 2019)
Commonwealth vs. Brown
1.23.2019
Nancy L. Butts
Civil:
Habeas corpus petition; prima facie case of disorderly conduct; resisting arrest and obstruction of justice; minor scuffle with police officer; verbal interference with police officer's arrest of third party
(Brown012319BT)
(Posted: January 24th 2019)
Civil:
Preliminary objections; specificity of complaint; general allegation of agency without tethering facts to specific people; ambiguities associated with language of "including but not limited to"; sufficiency of facts to claim punitive damages
(Shaheen012219Li)
(Posted: January 22nd 2019)
Commonwealth vs. Sanders
1.15.2019
Marc F. Lovecchio
Criminal:
Motion to dismiss; issue concerning sufficiency of prima facie case where defendant waives preliminary hearing; validity of warrant for blood alcohol test where defendant not arrested for DUI
(sanders011519L)
(Posted: January 22nd 2019)
MK & DK Adoption
1.8.2019
Eric R. Linhardt
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; incarceration of a parent; agency services; failure of parent to appear at hearing; no existing bond
(MKDK010819Li.)
(Posted: January 19th 2019)
Commonwealth vs. Sears
1.17.2019
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; claimed ineffective counsel; duty of counsel to discuss with defendant the extent of his exposure to more serious charges, if he doesn't plead guilty; proper remedy for ineffectiveness
(sears011719L)
(Posted: January 17th 2019)
Commonwealth vs. Burrows
1.16.2019
Marc F. Lovecchio
Criminal:
Motion to dismiss; de minimus charge; extenuations due to poverty, disability and mental health; prosecution for theft of items for children
(burrows011619L)
(Posted: January 16th 2019)
Civil:
Motions in limine; overlapping expert testimony; corroborative and not cumulative testimony; motions rendered moot by agreement to limit testimony
(Dimaio011419Li)
(Posted: January 15th 2019)
Civil:
Preliminary objections; Whistleblower Protection Lawl; definition of a public body; factual specificity
(pepper011419Li)
(Posted: January 15th 2019)
Commonwealth vs. Entz
1.11.2019
Nancy L. Butts
Criminal:
Motion to dismiss; reinstatement of nol prossed charges; double jeopardy; defendant's satisfaction of obligations under stipulation; statute of limitations
(Entz01119BT)
(Posted: January 15th 2019)
Commonwealth vs. Spurell
1.10.2019
Nancy L. Butts
Criminal:
Suppression motion legality of pat-down search; plain feel doctrine; testimony at odds with MVR video
(Spurell11019BT)
(Posted: January 12th 2019)
Commonwealth vs. Hammaker
1.11.2019
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; legality of sentence for felony criminal mischief; waiver of claims; revocation of probation sentence before defendant begins to serve it; claimed double jeopardy violation where defendant is resentenced for violation of condition of supervision; jurisdiction of court to revise sentence more than 30 days after it was entered where condition of probation was violated
(Hammaker011119L)
(Posted: January 12th 2019)
McDaniel vs. Wetzel
1.11.2019
Marc F. Lovecchio
Criminal:
Petition for habeas corpus ad subjiciendum; jurisdiction of the court; legality of continued incarceration; aggregation of consecutive sentences; request to proceed in forma pauperis where action is in the nature of a civil action; frivolous claim
(McDaniel011119L)
(Posted: January 12th 2019)
Civil:
Motion for summary judgment; ownership of sub-surface property rights; failure to inform the county commissioners of a severance of subsurface rights; rights extinguished in tax sale; invitation to rely on speculation of notification of county commissioners; motion to strike judgment; coordinate jurisdiction rule; mootness
(keta102218Li)
(Posted: January 10th 2019)
Civil:
Appeal
(ket010819L)
(Posted: January 9th 2019)
Commonwealth vs. Vassallo
1.4.2019
Marc F. Lovecchio
Criminal:
Motion to preclude SVP hearing; constitutionality of designation mechanism that was unchanged in new statute; court's obligation to follow Supreme Court decisions; fact-finding requirement not rooted in historic jury function; US Supreme Court decision as impacting decision under Pennsylvania constitution; illusory changes to statute
(vassallo010419L)
(Posted: January 4th 2019)
Commonwealth vs. Doss
1.3.2019
Marc F. Lovecchio
Criminal:
Appeal; resentencing on probation violation; discretion to impose consecutive sentences; failure of defendant to cooperate with programs and treatments ordered by court; application of sentencing guidelines to a probation violation sentence; consideration of required factors of sentence imposition
(Doss010319)
(Posted: January 3rd 2019)
Commonwealth vs. Askey
1.3.2019
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; knowing, voluntary and intelligent plea; buyer's remorse relating to plea deal; authority of court to impose a lesser period of sexual offender registration for tier III offences
(Askey010319L)
(Posted: January 3rd 2019)
Commonwealth vs. Pittenger
1.3.2019
Marc F. Lovecchio
Criminal:
Appeal; waiver of all claims and defenses with no contest plea; defendant's acknowledgment of consequences of plea, at hearing and in writing
(Pittenger010319L)
(Posted: January 3rd 2019)
Commonwealth vs. Thomas
12.31.2018
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion for motor vehicle stop; standing of passenger to object to driver's consent to search vehicle; probable cause for arrest for ungraded felony
(Thomas123118BT)
(Posted: January 2nd 2019)
Commonwealth vs. Hendrix
12.31.2018
Nancy L. Butts
Criminal:
Suppression motion; detention of defendant to attempt to obtain his address for service of document related to prior arrest; fleeing an officer where there is no probable cause for an arrest or detention
(Hendrix123118BT)
(Posted: January 2nd 2019)
Commonwealth vs. West
12.31.2018
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion for vehicle stop; illegal window tint; probable cause for vehicle search upon smelling the odor of burnt marijuana
(West123118BT)
(Posted: January 2nd 2019)
Commonwealth vs. Boone
12.31.2018
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; knowing, voluntary and intelligent guilty plea; sufficient time to discuss plea agreement with counsel; appearance of the victim's family at the sentencing hearing as pressure to accept plea agreement; merits of "stand your ground" defense
(Boone123118L)
(Posted: December 31st 2018)
Commonwealth vs. Dick
12.31.2018
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; registration of sexual offender requirements; comparability of Minnesota and Pennsylvania statutes; ex post facto law
(Dick123118L)
(Posted: December 31st 2018)
Commonwealth vs. Reid
12.31.2018
Marc F. Lovecchio
Criminal:
Suppression motion; warrantless search of home for suspected parole violation; reasonable suspicion of existence of contraband or other evidence of violations of conditions of supervision; parole agent acting as stalking horses of police or acting on their own initiative; reliability of information received of parole violation
(Reid123118)
(Posted: December 31st 2018)
Commonwealth vs. Heck
12.18.2018
Marc F. Lovecchio
Criminal:
Motion to compel more specific bill of particulars; narrow purpose of request; information about co-conspirator in murder, dates of alleged conspiracy and dates of homicide; substitute for discovery
(heck121818L)
(Posted: December 28th 2018)
Joiner vs. Logue
12.21.2018
Eric R. Linhardt
Civil:
Post-trial motion; lease renewal; implied covenant of quiet enjoyment; litigious efforts made in bad faith
(joiner122118Li)
(Posted: December 24th 2018)
Commonwealth vs. Moy
12.21.2018
Marc F. Lovecchio
Criminal:
Post-sentence motion; claimed discovery violation; lack of prejudice; inference of unfavorable testimony due to failure to call confidential informant; availability of witness; verdict against weight of evidence; claimed lack of credibility of trooper; sufficiency of evidence; claimed unreasonable and excessive sentence; determinations involved in sentencing
(Moy20181221L)
(Posted: December 22nd 2018)
ONW and AMW Adoption
12.20.2018
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; requested continuance; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; claimed fear of prosecution under protection from abuse order; no existing bond
(AdoptionofOWandAW122018m)
(Posted: December 22nd 2018)
Commonwealth vs. Choice
12.20.2018
Nancy L. Butts
Criminal:
Suppression motion; probable cause to search residence; reliability of informant's information; totality of the circumstances; failure to give search warrant to defendant as cause for suppression; prejudice; severance of firearms charge due to prejudice;
(Choice121918BT)
(Posted: December 20th 2018)