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:
Habeas corpus motion; sufficiency of evidence of possession with intent to deliver where there is evidence of different schedules and types of narcotics, a large amount of currency and a digital scale in the searched home; determination of credibility of defense explanation for the cash; suppression motion; forced consent on a parolee; reasonable suspicion to support search of parolee's residence based on claimed association with claimed known drug dealer at another property
(Morgret120318L)
(Posted: December 3rd 2018)
Criminal:
Discovery motion; habeas corpus petition; grading of offense of attempted interference with custody; need for contact or communication with child
(Allen112718L)
(Posted: November 27th 2018)
Civil:
Post trial motions; boundary dispute; coordinate jurisdiction rule; disqualification of witness hired for purposes of settlement negotiations; issue preserved for appeal
(Shipman112018LI)
(Posted: November 26th 2018)
Civil:
Motion for judgment on the pleadings; land title dispute; incapacity of person granting power of attorney; sufficiency of pleading
(Koutroulelis111618Li)
(Posted: November 26th 2018)
Civil:
Motion to extend deadline to file certificate of merit; reasonable explanation for delay; failure of initially contacted expert to provide favorable evidence; conduct of counsel in permitting the witness to dawdle
(Moore111618Li)
(Posted: November 21st 2018)
Family:
Recusal motion; appearance of prejudice due to judge's previous position as district attorney; lack of personal involvement in prosecution of cases against defendant; evidence of actual bias
(nihart111618Li)
(Posted: November 21st 2018)
Civil:
Preliminary objections; credit card debt collection; sufficiency of the complaint; specific details of special damages; failure to attach documents; sufficiency of verification by counsel
(Cavalry111629Li)
(Posted: November 21st 2018)
Criminal:
Commonwealth's motion for reconsideration of denial of SVP hearing; lack of constitutional SVP designation mechanism
(webb112018L)
(Posted: November 20th 2018)
Criminal:
Motion to vacate order for sexually violent predator hearing; lack of a constitutional SVP designation mechanism
(swank112018L)
(Posted: November 20th 2018)
Criminal:
Reconsideration of sentence; deadly weapon possessed enhancement; sentence within standard guidelines; previous breaks as an opportunity to become a law abiding citizen; need to protect the public
(hall112018L)
(Posted: November 20th 2018)
Criminal:
Habeas corpus petition; sufficiency of evidence to establish prima facie case of guilt of possession of contraband and tampering with evidence; flushing blue packets down toilet while in custody of officers, being searched
(Cradle111318BT)
(Posted: November 13th 2018)
Criminal:
Warrantless search of home; exigent circumstances; police-created exigencies; probable cause for warrant
(Chism110818BT)
(Posted: November 9th 2018)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Johnson110818BT)
(Posted: November 9th 2018)
Criminal:
Post conviction relief act petition; eligibility for RRRI
(Gillison110818BT)
(Posted: November 9th 2018)
Administrative Appeal:
Expulsion appeal; request for de novo hearing; defects on the face of the record; waiver of issues not preserved in the record; proper notice of informal hearing prior to suspension; alternate means of delivering notice where written notice impractical; adequacy of telephone notice in case of threats of school shooting
(barnhart110518Li)
(Posted: November 9th 2018)
Criminal:
motion to preclude sexually violent predator hearing; constitutionality of designation mechanism; burden of proof
(Vassallo110818L)
(Posted: November 8th 2018)
Criminal:
Appeal; mistrial declaration; manifest necessity; intimidating conduct by defendant's girlfriend toward jurors
(Kennedy110818L)
(Posted: November 8th 2018)
Criminal:
Post conviction relief act petition; SORNA registration requirement issue; ex post facto law; timeliness; new constitutional right exception; retroactive application; mootness
(Hoffman110718L)
(Posted: November 7th 2018)
Criminal:
Post conviction relief act petition; SORNA registration requirement issue; ex post facto law; timeliness; new constitutional right exception; retroactive application; waiver; mootness
(Packer110718L)
(Posted: November 7th 2018)
Criminal:
Post conviction relief act petition; registration requirements under SORNA; offense occurring after passage of new act
(Pabone110718L)
(Posted: November 7th 2018)
Criminal:
Suppression motion; validity of anticipatory search warrant; probable cause at time of application for search warrant that triggering event would occur; failure to field test suspected drugs; history of previous controlled buys; staleness; claimed overbroad description
(Lattie110618BT)
(Posted: November 6th 2018)
Criminal:
Habeas corpus motion; sufficiency of evidence of aggravated assault by vehicle; vehicle in wrong lane without any apparent reason
(rhinehart110218L)
(Posted: November 6th 2018)
Criminal:
Habeas corpus petition; sufficiency of evidence of criminal use of a communication facility; identity of defendant as person on telephone based on identification testimony of trooper who heard voice on telephone
(Williams110518BT)
(Posted: November 6th 2018)
Criminal:
Suppression motion; reasonable suspicion for investigatory detention; totality of the circumstances
(McCloe110218BT)
(Posted: November 2nd 2018)
Criminal:
Post conviction relief act petition; knowing, voluntary, and intelligent guilty plea; timeliness; retroactive application of decisions regarding constitutionality of SORNA
(Swinn110218BT)
(Posted: November 2nd 2018)
Criminal:
Commonwealth's motion for reconsideration; suppression motion; investigatory detention or mere encounter; dependence on words used by officer; restraint by a show of coercive authority; reasonable impression conveyed to person being stopped; incriminating questioning
( taylor11022018L)
(Posted: November 2nd 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
(AdoptionofZWB103118m)
(Posted: November 1st 2018)
Criminal:
Appeal; sentencing discretion; revocation of probation sentence on conviction of new offense; factors considered by the court; abysmal history on supervision
(valencia102918L)
(Posted: November 1st 2018)
Criminal:
Appeal
(fields102618g)
(Posted: November 1st 2018)
Criminal:
Appeal of juvenile adjudication; sufficiency of evidence of disorderly conduct; conduct including pushing a teacher and refusing to obey commands to return to her seat
(InReDM103018m)
(Posted: November 1st 2018)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court; entitlement to credit for time served
(smith09282018)
(Posted: October 30th 2018)
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)
Lycoming Law Association
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Suite 803
Williamsport, PA 17701
