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:
Suppression motion; conversations with officers without being given Miranda rights; detention with handcuffs while residence was being searched; questions intended to elicit incriminating responses; totality of circumstances
(Puch102618L)
(Posted: October 26th 2018)
Criminal:
Appeal from order finding parole violation; positive findings from Transdermal Alcohol Device; burden of proof of violation; credibility of testimony
(Cohick102518L)
(Posted: October 25th 2018)
Criminal:
Probable cause to effectuate vehicle stop for use of earbuds while operating vehicle; investigatory detention based on items found during consent search of plastic bag
(Keys102418BT)
(Posted: October 25th 2018)
Criminal:
Suppression motion; jurisdiction of police officer; observation of turn signal violation; hot pursuit of a witnessed traffic violation; extended period in officer's primary jurisdiction before effectuating stop; written agreement between municipalities to permit officers to act in other's jurisdiction; lack of prejudice
(Edwards102418BT)
(Posted: October 25th 2018)
Criminal:
Suppression motion; reasonable suspicion to conduct investigatory detention; probable cause for an arrest
(Sammond102418BT)
(Posted: October 25th 2018)
Civil:
Habeas corpus petition; prima facie case of possession of a gun without license; use of hearsay evidence; reliance on dissenting opinion of Supreme Court Justice
(Brown102418BT)
(Posted: October 25th 2018)
Criminal:
Appeal
(Carpenter102318L)
(Posted: October 25th 2018)
Criminal:
Suppression motion; search of parolee's residence after probable violations of parole; reasonable suspicion
(Cummings101718BT)
(Posted: October 17th 2018)
Criminal:
Post conviction relief act petition; challenge to sexually violent predator designation; timeliness; retroactive application of caselaw; waiver of claims not raised on appeal; mootness
(Castro101718bt)
(Posted: October 17th 2018)
Criminal:
Post conviction relief act petition; challenge to sexula offender registration requirements; timeliness; retroactive application of caselaw
(Girardi101718bt)
(Posted: October 17th 2018)
Criminal:
Untimely pretrial motions; interests of justice requiring acceptance of defendants excuses for late filing; motion with arguable merit
(sims101718L)
(Posted: October 17th 2018)
Criminal:
Suppression motion; DUI arrest; knowing intelligent and voluntary consent to blood draw; totality of circumstances
(Fox101618bt)
(Posted: October 16th 2018)
Civil:
Summary judgment motion; issue concerning ownership of alleyways; claimed public rights-of-way; dedication by implication; requirement of process of eminent domain and with fair compensation given; assertion of adverse possession by municipality
(SALLADASBURG101618L)
(Posted: October 16th 2018)
Criminal:
Motion to determine competency to stand trial for homicide; burden of proof; substantial inability to understand nature or object of proceedings or participate and assist in defense
(NorbyVardac101618BT)
(Posted: October 16th 2018)
Criminal:
Post conviction relief act petition; claimed ineffective assistance of counsel because defendant not made aware of State Intermediate Punishment program; knowing, intelligent, voluntary, and understanding plea; eligibility for program
(Wiggins101618BT)
(Posted: October 16th 2018)
Criminal:
Post conviction relief act petition; issues relating to the court vacating the lenient sentence and resentencing defendant on the same day after becoming aware that defendant lied during the initial sentencing hearing; right of court to rescind sentence within 30 days or if procured by misinformation or fraud; sua sponte action by court
(Moyer101618L)
(Posted: October 16th 2018)
Criminal:
Post sentencing motion; impeachment of jury verdict by subsequent testimony of a juror; sufficiency and weight of evidence of assault
(chestnut101618L)
(Posted: October 16th 2018)
Criminal:
Suppression motion; probable cause to search hospital records for results of blood and urine testing after defendant was hospitalized after an accident; evidence that defendant was behaving in a peculiar way before the accident and was combative after the accident and attempted to flee the scene of the accident; warrant used as investigative tool to seize mere evidence; breadth of warrant
(potter101518L)
(Posted: October 15th 2018)
Criminal:
Motion in limine; bad acts evidence; relevance of narcotics buys to firearms charges; res gestae exception for admission of evidence of other crimes or bad acts to tell the complete story
(Sanders101118L)
(Posted: October 13th 2018)
Criminal:
Motion in limine regarding plea negotiations; defendant's unsolicited request;
(Sanders100918L2)
(Posted: October 10th 2018)
Criminal:
Suppression motion; sufficiency of search warrant; probable cause; search of residence as a result of information from confidential informant; expectation of privacy
(Sanders100918L)
(Posted: October 10th 2018)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court; retroactive application of case authority
(Johnson100918BT)
(Posted: October 10th 2018)
Criminal:
Post conviction relief act petition; effective assistance of counsel; preparation of defendant to testify at trial; merits of claim; failure to call witness; credibility of claim of medical condition in existence at time of murder
(RIERA101018bt)
(Posted: October 10th 2018)
Criminal:
Motion to dismiss information for lack of jurisdiction and petition for a writ of habeas corpus; evidence of location of person who communicated false information to a deputy in Pennsylvania; sufficiency of evidence of identity of person on phone as defendant; false information constituting an unlawful act
(Faxon100418BT)
(Posted: October 5th 2018)
Civil:
Petition by the Attorney General for involuntary dissolution and cy pres; inability of non-profit corporation to fulfill its original charitable purpose; doctrine of deviation; circumstances under which solvent corporation may be involuntarily dissolved by action of the Attorney General; no allegations of improper conduct or waste of assets; equitable remedies; expansion of original charitable purpose to defeat cy pres
(Independent100418BT)
(Posted: October 4th 2018)
Criminal:
Appeal
(clay100418BT)
(Posted: October 4th 2018)
Criminal:
Appeal; evidence of admission made to nurse during prison intake; relevant evidence; possible prejudice; hearsay; admission of a party
(McLaurin092418L)
(Posted: October 3rd 2018)
Criminal:
Appeal; preservation of issue for appeal; resentencing after probation violations; basis for state sentence
(Rose092818L)
(Posted: October 3rd 2018)
Criminal:
Suppression motion; challenge to search warrant; probable cause for anticipatory search warrant; danger of field testing suspected narcotics due to the potential existence of Fentanyl; totality of circumstances; staleness of warrant
(Drummond100318BT)
(Posted: October 3rd 2018)
Civil:
Preliminary objections; specificity of allegations of complaint as to unnamed employees; claimed boilerplate allegations; blending allegations of corporate negligence into vicarious liability allegations; punitive damages; factual basis for claim
(lutz092618Ln)
(Posted: September 26th 2018)
Civil:
Non-jury verdict in landlord-tenant dispute; implied covenant of quiet enjoyment; implied warranty of habitability; Fair Credit Extension Uniformity Act and Unfair Trade Practices and
Consumer Protection Law claims
(joiner092618Ln)
(Posted: September 26th 2018)
Criminal:
Motion to enforce plea agreement; cooperating witness who is not called to testify as agreed; fundamental fairness and the interests of justice
(redding092518L)
(Posted: September 25th 2018)
Criminal:
Suppression motion; mere encounter with defendant leading to reasonable suspicion of criminal activity due to odor of marijuana
(Gamon092518bt)
(Posted: September 25th 2018)
Criminal:
Petition to determine restitution; burden of proof; conflicting testimony; excessive or speculative restitution amount claim
(beatty092418L)
(Posted: September 24th 2018)
Criminal:
Post conviction relief act petition; claim that sentencing court did not adequately weigh mitigating factors; knowing, voluntary, and intelligent guilty plea; sentence in accordance with guilty plea agreement
(Brown092418BT)
(Posted: September 24th 2018)
Criminal:
Appeal from grant of habeas corpus motion; prima facie case of theft; mere conjecture or surmise as to connection between items sold by defendant and items taken from his workplace
(Longenberger092018BT)
(Posted: September 21st 2018)
Criminal:
Post conviction relief act petition; SORNA registration requirement issue; ex post facto law; timeliness; new constitutional right exception; retroactive application' waiver
(Copenhaver092018BT)
(Posted: September 21st 2018)
Criminal:
Post conviction relief act petition; SORNA registration requirement issue; ex post facto law; timeliness; new constitutional right exception; retroactive application
(Giardi092018BT)
(Posted: September 21st 2018)
Criminal:
Petition to vacate SVP designation; post conviction relief act; SORNA registration requirement issue; ex post facto law; timeliness; new constitutional right exception; retroactive application
(Lowmiller092018BT)
(Posted: September 21st 2018)
Criminal:
Post conviction relief act petition; SORNA's registration requirements issue; ex post facto law; timeliness; new constitutional right exception; retroactive application
(Harrold092018BT)
(Posted: September 21st 2018)
Criminal:
Appeal of district attorney denial of private criminal complaint; discretion of the district attorney; showing of bad faith, fraud or unconstitutionality
(miller092118L)
(Posted: September 21st 2018)
Criminal:
Habeas corpus petition (post conviction relief act petition); SORNA's registration requirements issue; ex post facto law; timeliness; new constitutional right exception; retroactive application
(Beiler092118L)
(Posted: September 21st 2018)
Criminal:
Suppression motion; conversation between trooper and incarcerated person; non-custodial dialogue; discovery requests
(williams092118L)
(Posted: September 21st 2018)
Criminal:
Post conviction relief act petition; SORNA's registration requirements issue; ex post facto law; timeliness; new constitutional right exception; retroactive application' waiver; mootness; contemporaneous pro se petition; hybrid representation; failure to object to tainted testimony of child
(Showers092118L)
(Posted: September 21st 2018)
Criminal:
Post conviction relief act petition; SORNA's registration requirements issue; ex post facto law; timeliness; new constitutional right exception; retroactive application
(Lafayette092118L)
(Posted: September 21st 2018)
Criminal:
Consolidation motion; drug offenses; evidence of each offense admissible in separate trial for the other and capable of separation by the jury
(Clay092018L)
(Posted: September 21st 2018)
Criminal:
Suppression motion; mere encounter vehicle stop; vehicle occupant not free to leave; K9 vehicle sniff; reasonable suspicion; parole officer search; "stalking horse" capacity; reasonable suspicion a parole violation is occurring; consent to search; independent investigation by parole officer; incorrect address on search warrant
(Burks091918BT)
(Posted: September 19th 2018)
Criminal:
Habeas corpus petition; prima facie case of possession of controlled substances; constructive possession; evidence linking defendant to room where drugs were located
(Williams0914BT)
(Posted: September 16th 2018)
Criminal:
Motion to modify sentence; claimed failure to consider mitigating factors; severity of criminal offences and continuation of criminal behavior after release; protection of the public; failure to take advantage of opportunities to change behavior
(Hill091218L)
(Posted: September 16th 2018)
Criminal:
Suppression motion; required approval of Commonwealth attorney under local rule L202; entitlement to relief for violation of local rule; proof of actual prejudice
(breeland091218L)
(Posted: September 16th 2018)
Criminal:
Motion to amend information to refer to .22 Ruger; change to charges or elements to be proven; rule 600 motion; calculation of excludable time; time habeas corpus motion pending
(Coleman091118BT)
(Posted: September 16th 2018)
Criminal:
Letter from prisoner treated as post conviction relief act petition; timeliness; previously litigated issue; waiver
(Policastro091118L)
(Posted: September 16th 2018)
Wills and Estates:
Claim against estate for personal care services; personal care agreement; confidential relationship; burden to prove absence of fraud and that transaction was fair and equitable
(VanHorn091018)
(Posted: September 16th 2018)
Criminal:
Appeal while post trial motion is pending; time for filing an appeal
(Nottingham090618BT)
(Posted: September 7th 2018)
Criminal:
Post conviction relief act petition; timeliness; merit of request for reduced sentence because it was a long time
(Houston090618bt)
(Posted: September 6th 2018)
Criminal:
Post sentence motion; competency to plead guilty; knowing, intelligent, voluntary plea; observations by the court during plea process
(Clay083118bt)
(Posted: September 4th 2018)
Criminal:
Post conviction relief act petition; timeliness; retroactive application of Muniz case to SORNA convictions
(Partney083018BT)
(Posted: August 30th 2018)
Criminal:
Post conviction relief act petition; timeliness; after-discovered evidence argument based on the holding in Alleyne and information in an an article; waiver
(Hoyt083018BT)
(Posted: August 30th 2018)
Criminal:
Appeal
(Frierson083018bt)
(Posted: August 30th 2018)
Criminal:
Post conviction relief act petition; timeliness of challenge to SORNA; claim of interference of government officials by failing to provide notification of cases decided nearly 2 decades after sentence; new cases not constituting newly discovered evidence; retroactive application of new case to completed sentences
(Stone082918)
(Posted: August 29th 2018)
Criminal:
Objections to court's notice of intention to dismiss post conviction relief act petition; timeliness; petition filed within 60 days of the Superior Court's decision in Commonwealth v. Rivera-Figueroa; statutory exceptions; retroactive application
(Miller082918)
(Posted: August 29th 2018)
Richardson vs. Susquehanna Health Center, Hess, Frailey, Young, Kontz, Doe & Ross
8.28.2018
Nancy L. Butts
Civil:
Preliminary objections; intentional infliction of emotional distress; contemporaneous observation of events; intentional or reckless conduct; doctor's duty to notify police about state of body; discretion of coroner to conduct an investigation; duty of police to investigate death; negligent infliction of emotional distress; contractual or fiduciary relationship with plaintiff; physical impact or in the zone of danger; high public official immunity of police chief and deputy chief coroner; actions or inactions within official duties; governmental immunity; affirmative defenses; willful misconduct; statute creating a private remedy; captioning issues
(Richardson082818bt)
(Posted: August 29th 2018)
Criminal:
Suppression motion; entry into home without warrant; investigation of call for shots fired, along with observation of broken home window; reasonable belief
(Black082718bt)
(Posted: August 27th 2018)
Criminal:
Post conviction relief act petition; ineffective counsel; transfer of murder case to juvenile court; transfer in the public interest; 50 year sentence as de facto life sentence; court sentencing discretion
(Alford082718bt)
(Posted: August 27th 2018)
Criminal:
Appeal; manifestly excessive sentence after probation violation; sentencing discretion; continued use of controlled substances and commission of crimes
(wagner082418L)
(Posted: August 25th 2018)
Criminal:
Motion to modify sentence treated as post conviction relief act petition; timeliness; SORNA registration for pre 1996 offenders
(Satterfield0822bt)
(Posted: August 22nd 2018)
Criminal:
Post conviction relief act petition; voluntary, knowing, and intelligent guilty plea; confirmation of intent at guilty plea hearing
(Peterson0822bt)
(Posted: August 22nd 2018)
Criminal:
Appeal
(Kellam082018L)
(Posted: August 20th 2018)
Criminal:
Post conviction relief act petition; manifest injustice; knowingly, intelligently, voluntarily, and understandingly entering into a guilty plea; potential eligibility for RRRI; waiver during guilty plea
(Wheeler0816bt)
(Posted: August 17th 2018)
Criminal:
Post conviction relief act petition; timeliness
(Wilcox0815bt)
(Posted: August 15th 2018)
Criminal:
Post conviction relief act petition; coerced guilty plea; knowing, voluntary, and intelligent plea
(Sterner0815bt)
(Posted: August 15th 2018)
Criminal:
Appeal; sentencing complaint
(Vinson0814bt)
(Posted: August 14th 2018)
Criminal:
Suppression motion; knowing and voluntary waiver of Miranda rights before being advised of magnitude charges; length of interrogation where defendant provided with multiple breaks and food; renewal of interrogation process requiring repetition of Miranda warnings; disclosure of promises of immunity, leniency, or preferential treatment and criminal history of Commonwealth witnesses
(RAWLS081018b)
(Posted: August 13th 2018)
Criminal:
Appeal; sentencing discretion; consideration of defendant's need for rehabilitation; exhaustion of all county-level efforts at rehabilitation
(Winters081018BT)
(Posted: August 10th 2018)
Civil:
Preliminary objections; claim for malicious prosecution for violation of civil rights; conviction in underlying criminal case as conclusive evidence of probable cause to prosecute claim; res judicata
(deraffele081018a)
(Posted: August 10th 2018)
Criminal:
Appeal
(shaffer080818L)
(Posted: August 10th 2018)
Criminal:
Appeal; claimed unduly harsh and excessive probation violation sentence; waiver by failure to state specific reasons for belief that sentence was excessive; continuous violation of conditions of supervision by using controlled substances; purpose of sentence to try to save defendant's life and break his cycle of substance abuse
(Meckley080718L)
(Posted: August 7th 2018)
Criminal:
Appeal; claimed unduly harsh and excessive probation violation sentence; waiver by failure to state specific reasons for belief that sentence was excessive; purpose of sentence to attempt to rehabilitate defendant and to protect the community
(alford080118L)
(Posted: August 7th 2018)
Criminal:
Appeal
(koch072718Bt)
(Posted: August 7th 2018)
Criminal:
Appeal; claimed excessive sentences upon violation of probation; refusal to take mental health medication and engaging in altercation with her cellmate; numerous failed opportunities short of state prison sentence
(davis080618L)
(Posted: August 6th 2018)
Criminal:
Commonwealth's motion to assign a different issuing authority; concurrent jurisdiction of common pleas court; plenary powers of court over assignment of issuing authorities; consideration by issuing authority of facts related to a defense that negate the existence of a prima facie case; bias against the Commonwealth; due process concerns that warrant the assignment of different MDJ; potential of different testimony from witness in second hearing, due to lack of outside influences
(johnson080618L)
(Posted: August 6th 2018)
Criminal:
Suppression motion; reasonable suspicion for canine search of vehicle where defendant, a known heroin dealer, who was known to have association with a local gang that trafficked in drugs, and who recently sold heroin to a confidential informant, was in a drug trafficking area and acted suspiciously; probable cause for search of vehicle where canine "alerted" to vehicle; impact of premature detention, where no search of defendant's person was conducted and no evidence was obtained during detention
(clay073118L)
(Posted: August 3rd 2018)
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
(AdoptionofKCG080218m)
(Posted: August 3rd 2018)
Criminal:
Post sentence motion; failure to tegister sex offender`s address; waiver on appeal of issues not raised in lower court; impact of new laws on defendant`s obligation to register
(Smeal073018L)
(Posted: July 31st 2018)
Criminal:
Motion to dismiss; waiver or preliminary hearing; waiver of challenges to sufficiency of evidence;; suppression of claimed coerced confession; inclusion of prior inchoate offences to grade retail theft; grade of receiving charge
(Moore073018L)
(Posted: July 30th 2018)
Criminal:
Motion to dismiss; rule 600; notification of charges; failure to appear; due diligence; proper proof of service by mail
(Kelce073018L)
(Posted: July 30th 2018)
Criminal:
Motion in limine; prior bad acts; separate sexual assaults of minors; relationship to issues raised in severance motion; evidence of a common scheme or plan; prejudice
(VASSALLO073018L)
(Posted: July 30th 2018)
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; ability to contact child and lack of obstacles imposed by custodial parent; no existing bond
(AdoptionofAW072518m)
(Posted: July 26th 2018)
Criminal:
Post-trial motions in murder case; missing witness charge; witness not available to or within the control of Commonwealth; witness equally available (or unavailable) to both parties; court's refusal to allow witness to testify about irrelevant material; requirement for a Frye hearing where there is no evidence the gunshot residue test is novel science; sufficiency of the evidence to support verdict; claimed excessive and inconsistent sentence; need for a hearing to determine whether the jury should have heard about possible favorable treatment for a witness on pending criminal charges
(Frierson07232018bt)
(Posted: July 23rd 2018)
Criminal:
Consolidation motion in murder case; offenses based on same acts or transactions; antagonistic defenses; violation of 6th amendment rights by use of statements of defendants; Rule of Completeness; judicial economy; opportunity at trial to test voluntariness of statement; prejudice to one defendant by playing video of interrogation of the other
(ColemanRawls07232018bt)
(Posted: July 23rd 2018)
Custody:
Custody modification; school attendance issue; ability of schools to provide hearing assistance to child; convenience of parents for transportation; weight of preference of 10 year-old child; minimal supporting evidence
(sbb071718m)
(Posted: July 18th 2018)
Criminal:
Post conviction relief act petition; ineffective counsel; previously litigated claim; claimed coerced plea, where written plea colloquy and hearing record bely the claim; claim that counsel refused to withdraw plea, where no reason to withdraw plea is stated
(Price071818L)
(Posted: July 18th 2018)
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; ability to contact child and lack of obstacles imposed by custodial parent; no existing bond
(AdoptionofAH071618A)
(Posted: July 18th 2018)
Criminal:
Forfeit of right to counsel; letters to the court that include offensive slights and insults of interminable repetition; failure of standby counsel to respond to contacts; admission of exhibits enclosed with letter; freedom of speech; impact of insults on court's ability to preside at hearing
(bean071718L)
(Posted: July 17th 2018)
Criminal:
Motion to modify or vacate sentence; post conviction relief act petition; exclusive jurisdiction of the parole board; timeliness of motion
(Cassidy071618L)
(Posted: July 16th 2018)
Criminal:
Suppression motion; reasonable suspicion or probable cause to stop pedestrian; suspicion of foiled drug transaction; probable cause for disorderly conduct; suspicion that defendant was armed and dangerous; habeas corpus petition; receiving charge where defendant claims lack of knowledge that gun was stolen; flight and concealment as consciousness of guilt; prima facie case of disorderly conduct by recklessly creating the risk of public inconvenience, annoyance or alarm for running from police while carrying a cocked, loaded firearm in the waistband of pants
(barnes071218L)
(Posted: July 12th 2018)
Criminal:
Suppression motion; DUI arrest; consent to blood draw; probable cause to arrest with evidence of erratic driving and driver leaving the scene of accident and then running on approach of fire company officials, including swimming a high and cold creek; totality of circumstances
(davis062718L)
(Posted: July 9th 2018)
Criminal:
Suppression motion; suggestive photographic array; reliability under totality of the circumstances; suppression of in-court identification
(smith062618L)
(Posted: July 9th 2018)
Criminal:
Appeal; sufficiency of evidence of involuntary deviate sexual intercourse; evidence of forcible compulsion
(Steele070218bt)
(Posted: July 9th 2018)
Criminal:
Suppression motion; vehicle search; investigatory detention in high narcotics trafficking area, at gas station where no one was pumping gas, with fogged up windshield, where individuals hastily left car and first ignored officer; reasonable suspicion to detain
(Taylor062518L)
(Posted: July 9th 2018)
Lycoming Law Association
Address
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Suite 803
Williamsport, PA 17701
