Criminal:
Suppression motion; late filing; prejudice to the Commonwealth; reasonable suspicion or probable cause to stop vehicle; erratic driving; reasonable suspicion for field sobriety tests; warrantless blood test; claimed use of deceit, misrepresentation, or coercion in obtaining consent for the blood draw and testing; discovery request of information equally accessible to the defense as it is the Commonwealth; violation of 2 hour rule
(Indivero030118bt)
(Posted: March 1st 2018)
Commonwealth vs. Gehr
2.28.2018
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; knowing, intelligent and voluntary waiver of preliminary hearing; ineffectiveness in connection with entry of guilty plea; buyer's remorse; challenge to guilty plea by asserting his lies under oath; knowing, intelligent and voluntary guilty plea
(Gehr022818L)
(Posted: February 28th 2018)
Commonwealth vs. Willits
2.27.2018
Marc F. Lovecchio
Criminal:
Nunc pro tunc suppression motion; timeliness; interests of justice; facts learned only after the disclosure of discovery; arguable merit of suppression issue
(willits022718L)
(Posted: February 27th 2018)
Commonwealth vs. Ford
2.26.2018
Richard A. Gray
Criminal:
Post-conviction relief petition; eligibility for relief of party not currently serving a sentence; waiver of non-jurisdictional defects by way of guilty plea
(ford022618g)
(Posted: February 26th 2018)
Criminal:
Post conviction relief act petition; revocation of state intermediate punishment; timeliness; challenge to the legality of a sentence; jurisdiction of the court
(Whiteman020618bt)
(Posted: February 11th 2018)
Commonwealth vs. Wooten
2.6.2018
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion to perform field sobriety tests; totality of circumstances establishing DUI; consent to blood draw with revised form DL26B
(Wooten020618bt)
(Posted: February 11th 2018)
Commonwealth vs.McHenry
2.8.2018
Nancy L. Butts
Criminal:
Post conviction relief act; SORNA conviction; timeliness of filing; sentence being served under constitutionally defective statute
(McHenry020818bt)
(Posted: February 9th 2018)
Commonwealth vs. Finzell
2.5.2018
Nancy L. Butts
Criminal:
Suppression motion; probable cause for vehicle stop; reasonable suspicion and a stated investigatory purpose for stopping vehicle; reasonable suspicion to perform field sobriety test with the smell of alcohol and report of a bar fight; validity of consent to blood draw
(Finzel020518bt)
(Posted: February 5th 2018)
Commonwealth vs. Geiger
2.5.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; defendant no longer serving a sentence; eligibility for relief
(Geiger020518bt)
(Posted: February 5th 2018)
Commonwealth vs. Dishong
2.2.2018
Marc F. Lovecchio
Criminal:
Commonwealth appeal; retroactive application of SORNA; applicability of binding appellate precedent; frivolous appeal
(Dishong020218L)
(Posted: February 3rd 2018)
Commonwealth vs. Neidigh
2.1.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; unlawfully induced guilty plea; knowing, voluntary, and intelligent guilty plea; eligibility for state intermediate punishment program for conviction for drug trafficking; challenge to the discretionary aspects of negotiated sentence
(Neidigh020118bt)
(Posted: February 1st 2018)
Commonwealth vs. Miller
2.1.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; claim of actual innocence; timeliness
(Miller020118bt)
(Posted: February 1st 2018)
In the interest of VMS
1.31.2018
Joy Reynolds McCoy
Criminal:
Juvenile adjudication; aggravated assault charge; kick in anger to sensitive area of officer's body as showing attempt to cause bodily injury; disorderly conduct charge where no public disturbance is caused or risked; resisting arrest charge where defendant was not to be arrested, but where she fights off officers who were attempting to restrain her
(vms013118m)
(Posted: February 1st 2018)
Commonwealth vs. Boatman
1.31.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; claimed ineffective assistance of counsel; unlawfully induced guilty plea; knowing, voluntary, and intelligent guilty plea; relief claimed under Alleyne where defendant not sentenced under mandatory minimum sentence statute; challenge to the discretionary aspects sentence; prejudice
(Boatman013118bt)
(Posted: February 1st 2018)
Commonwealth vs. Sailor
1.26.2018
Marc F. Lovecchio
Criminal:
Motion to withdraw as counsel; financial eligibility for public defender; interests of justice in compelling public defender to represent a party; means to pay for necessary experts; lack of alternate counsel; waste of judicial time and resources
(Sailor01262018)
(Posted: January 29th 2018)
Commonwealth vs. Smith
1.29.2018
Marc F. Lovecchio
Criminal:
Commonwealth appeal of finding that SORNA violated constitutional ex post facto clauses
(Smith012918L)
(Posted: January 29th 2018)
Commonwealth vs. Faison
1.29.2018
Nancy L. Butts
Adoption:
Post-conviction relief act petition; ineffective counsel; failure to present exculpatory evidence at trial;_x000d_
probative value of GPS location evidence, where evidence at trial was obtained in a reasonable suspicion detention; suppression motion for material and intentional false statements in affidavit of probable cause; waiver of previously litigated issues; failure to call confidential informant to testify that defendant was not present for drug transaction
(Faison012917bt)
(Posted: January 29th 2018)
Commonwealth vs. Burkins
1.29.2018
Nancy L. Butts
Criminal:
Suppression motion; probable cause for traffic stop; personal observation of traffic violation; failure to stop at second of confusing set of flashing red traffic signals
(Burkins012918bt)
(Posted: January 29th 2018)
Commonwealth vs. Coleman
1.23.2018
Nancy L. Butts
Criminal:
Suppression motion relating to search of property left in hotel room; audio recording of interaction with police; wiretap act; abandonment.
(Coleman012318bt)
(Posted: January 27th 2018)
J.K. vs. C. S-C.
1.26.2018
Richard A. Gray
Custody:
Appeal; waiver by failure to file rule 1925 statement
(CSC012618g)
(Posted: January 26th 2018)
J.K. vs. C. S-C.
1.26.2018
Richard A. Gray
Custody:
Appeal; waiver by failure to file rule 1925 statement; interlocutory and non-appealable order; jurisdiction and venue of custody proceeding
(CSC0126182g)
(Posted: January 26th 2018)
Civil:
Non-jury trial; credibility of plaintiff; failure to prove negligence or injury; contributory negligence
(COOK012618g)
(Posted: January 26th 2018)
Commonwealth vs. Campbell
1.18.2018
Nancy L. Butts
Criminal:
Reinstatement of appeal rights; constitutionality of obligation to register under SORNA; ex post facto law; jurisdiction of court to vacate conviction for violation of SORNA.
(Campbell011818bt)
(Posted: January 25th 2018)
Administrative Appeal:
Petition to set aside a tax sale; required notices; reasonable efforts to find taxpayer whenever certified mailing is unclaimed
(novak012517g)
(Posted: January 25th 2018)
Commonwealth vs. Person
1.24.2018
Marc F. Lovecchio
Criminal:
Commonwealth appeal of decision to vacate conviction for violation of sexual offender registration requirements; constitutionality of obligation to register under SORNA; ex post facto law
(Person012418L)
(Posted: January 24th 2018)
Criminal:
Consolidation motion; participation in the same act or transaction; judicial economy; prejudice; defendants' conflicting versions
(lawrence011918L)
(Posted: January 19th 2018)
Commonwealth vs. McCullough
1.19.2018
Marc F. Lovecchio
Criminal:
Suppression motion; scope of permissible search incident to arrest; validity of search of phone was not substantially contemporaneous with arrest; timing of search
(mccullough011918L)
(Posted: January 19th 2018)
Commonwealth vs. Heddings
1.19.2018
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; mootness; issues for a hearing; burden of proof
(heddings011918L)
(Posted: January 19th 2018)
CWT Adoption
1.18.2018
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; settled purpose to relinquish parental claim to a child or failure to perform parental duties for at least six months; diligent efforts towards the reasonably prompt assumption of full parental responsibilities; question of whether a bond exists between child and parent.
(AdoptionofCWTJr011818m)
(Posted: January 19th 2018)
Commonwealth vs. Hoover
1.11.2018
Nancy L. Butts
Criminal:
Appeal; vacation of order granting early release from supervision within 30 days of entry; circumstances requiring the court to continue supervision
(Hoover011118bt)
(Posted: January 11th 2018)
Commonwealth vs. Najdek
1.11.2018
Nancy L. Butts
Criminal:
Suppression motion; vehicle stop and narcotics investigations outside primary police jurisdiction; probable cause to arrest; nexus between police officer's experience and search, arrest, or seizure of evidence
(Najdek011118bt)
(Posted: January 11th 2018)
Commonwealth vs. McHenry
1.9.2018
Nancy L. Butts
Criminal:
Dismissal motion; SORNA registration offense; retroactive application of registration requirements; revival of previous statute upon invalidation of amended statute
(McHenry010918bt)
(Posted: January 9th 2018)
SK vs. PK
1.8.2018
Joy Reynolds McCoy
Divorce:
Contempt petition; interpretation of QDRO language; distribution of supplemental FERS annuity; ambiguity of agreement
(sk010818m)
(Posted: January 9th 2018)
EDS vs. SS
1.2.2018
Joy Reynolds McCoy
Divorce:
Exceptions to equitable distribution; using liquidation value to value marital home and NASCAR collection; credibility of evidence of cause of damage to vehicle; value assessed to cash withdrawn by husband from marital account before separation; decision to provide wife with percentage of marital portion of Husband's pension rather than an immediate offset; consideration of direct contributions wife made to marital residence during the marriage where increase in value of marital residence was factored into distribution; ordering husband to provide health insurance for wife; speculative testimony about wife's needs; alimony request; pension award through rollover to wife; amount of award in light of wife's underemployment and lack of credibility about her actual income; valuation of vehicle with low mileage; equitable distribution factors; fair rental value of house
(eds010218m)
(Posted: January 2nd 2018)
KH vs. DH
12.29.2017
Joy Reynolds McCoy
Divorce:
Motion to enforce marital separation agreement; factual disputes relating to alleged damage to the marital home during possession of wife; awardability of attorney fees; interpretation of terms of property settlement agreement
(Hill122917m)
(Posted: December 29th 2017)
Commonwealth vs. Geiger
12.28.2017
Richard A. Gray
Criminal:
Post conviction relief act petition; constitutionally barred penalty
(Geiger122817g)
(Posted: December 28th 2017)
Administrative Appeal:
License suspension appeal; 9 month delay of notice; unreasonable delay; prejudice; credibility of belief that license was not to be suspended; detrimental reliance
(Irion122717m)
(Posted: December 27th 2017)
Civil:
Preliminary objections and motion for judgment on the pleadings; striking reply to new matter as untimely; just cause for delay; new matter deemed denied by operation of law; response to conclusions of law
(kutney122617a)
(Posted: December 26th 2017)
Commonwealth vs. Reem
12.19.2017
Marc F. Lovecchio
Criminal:
Reconsideration of refusal to dismiss post conviction relief act petition; need to have criminal information specifically reference growing marijuana plants rather than possession with intent to deliver where both offenses originate in the same section of the act and have the same penalties; issue not pursued by petitioner; claimed conditions not reasonably related to rehabilitation
(Reem121817L)
(Posted: December 19th 2017)
Commonwealth vs. McLaurin
12.19.2017
Marc F. Lovecchio
Criminal:
Commonwealth appeal; grant of defendant's oral motion in limine before commencement of trial; admissibility of prison health records; relevance; prejudice outweighing relevance; evidence inviting speculation by the jury; hearsay; self-authentication of business record; evidence admissible for the truth of its contents
(McLaurin121917L)
(Posted: December 19th 2017)
Commonwealth vs. El Hafiz
12.19.2017
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle stop for suspicious activity in a high narcotics trafficking area; immediate arrest of fleeing defendant; reasonable suspicion to stop vehicle; mere avoidance of the police; probable cause to arrest; unprovoked flight justifying stop of defendant
(ElHafiz121917L)
(Posted: December 19th 2017)
Commonwealth vs. Bradford
12.19.2017
Marc F. Lovecchio
Criminal:
Suppression motion; DUI arrest; voluntariness of consent to submit to blood test; necessity of search warrant for blood test; necessity for defendant to be advised of his rights to refuse or that the results of the test may be used in a criminal prosecution
(Bradford121917L)
(Posted: December 19th 2017)
Commonwealth vs. Gardner
12.15.2017
Nancy L. Butts
Criminal:
Suppression motion; vehicle stop for tinted windshield violation after receiving anonymous tip about drug transaction; requiring occupants to alight from vehicle; Terry frisk; probable cause to search vehicle; consent to search person; probable cause for search warrant to swipe hands for the presence of illegal narcotics
(Gardner121517bt)
(Posted: December 15th 2017)
Criminal:
Appeal
(Gooden-Reid121517bt)
(Posted: December 15th 2017)
Commonwealth vs. Moyer
12.15.2017
Nancy L. Butts
Criminal:
Post conviction relief act petition; sufficiency of the evidence; issues previously litigated; discretionary aspects of sentence as basis for post conviction relief; ineffective assistance of counsel; underlying claim of arguable merit
(Moyer121517bt)
(Posted: December 15th 2017)
Civil:
Summary judgment motion; Commonwealth citation to seek redress and obtain damages for public injuries caused by self-dealing and breach of fiduciary duties in charity; standing to continue case under doctrine of parens patriae where charity involuntarily dissolved; Attorney General's obligation to enforce the public's interest in restoring charitable property that has been unlawfully diverted; double jeopardy claim where restitution previously ordered in criminal prosecution; pleading exact amount claimed in action for accounting and surcharge; statute of limitations; doctrine of nullum tempus; issues of material fact; indemnification for charity's payment of criminal defense attorney legal fees; claimed abuse of fair discovery protections; pro se representation
(susquehanna121417L)
(Posted: December 14th 2017)
Commonwealth vs. Sabur
12.14.2017
Marc F. Lovecchio
Criminal:
Appeal; waiver of issues not first raised in the trial court; ineffective counsel claim; failure to raise fabrication defense in light of clear evidence of resistance of crime; vague claims; failure to call alibi witness where defendant admitted presence at scene of crime; failure to request jury instruction on misidentification where victim admitted he did not see who shot him; failure to object to evidence regarding prior firearms convictions where prosecutor may still have been able to introduce evidence in rebuttal; suggestive identification violation; intoxication alone to preclude valid waiver of one's Miranda rights; claimed discovery violation that was previously litigated; failure to hire ballistics expert were gun issues not pertinent to issues at trial; failure of appellate counsel to assert claims of trial counsel ineffectiveness on direct appeal
(Sabur121417L)
(Posted: December 14th 2017)
Commonwealth vs. Hoffman
12.14.2017
Marc F. Lovecchio
Criminal:
Nunc pro tunc post-trial motion; post conviction relief act petition; timeliness issues; retroactive application of a new constitutional right; constitutionality of SORNA as applied retroactively
(Hoffman121417L)
(Posted: December 14th 2017)
Commonwealth vs. Keefer
12.8.2017
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; timeliness
(Keefer120817L)
(Posted: December 8th 2017)
Administrative Appeal:
Appeals from the grant of change of nonconforming uses; abandonment; remand for factual determinations
(abdul-nabi120817g)
(Posted: December 8th 2017)
Commonwealth vs. Alford
12.7.2017
Marc F. Lovecchio
Criminal:
Appeal; role professional ethics tenant of candor to the tribunal plays in pursuing an appeal; sufficiency of evidence of heroin possession, intent to deliver and delivery
(Alford120717L)
(Posted: December 7th 2017)
Commonwealth vs. Womer
12.6.2017
Marc F. Lovecchio
Criminal:
Post conviction hearing act petition; ineffective counsel for failing to advise defendant of collateral civil consequence of guilty plea to DUI
(Womer120717L)
(Posted: December 6th 2017)
Commonwealth vs. Maneval
12.5.2017
Marc F. Lovecchio
Criminal:
Appeal; sexually violent predator status; constitutionally of Sexual Offender Registration and Notification Act; waiver of issues not raised at trial; illegal sentence; sentence at the top of the aggravated range constituting manifest abuse of discretion; sentencing factors
(maneval120517L)
(Posted: December 5th 2017)
Kuntz Estate
12.5.2017
Nancy L. Butts
Wills and Estates:
Discovery motions for sanctions, to compel and for contempt; intentional failure of estate's attorney to appear at deposition in response to subpoena; attorney fee and cost award for civil contempt
(Kuntz120517bt)
(Posted: December 5th 2017)
MDG, Jr. vs. KW
12.1.2017
Joy Reynolds McCoy
Custody:
Appeal
(mdg120117m)
(Posted: December 5th 2017)
Commonwealth vs. Whitmoyer
11.30.2017
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle stop; validity of consent to blood test; Birchfield issue; consent a product of an essentially free and unconstrained choice and not the result of duress or coercion; defendant's testimony contradictory, vague and confused
(whitmoyer113017L)
(Posted: December 2nd 2017)
MRH vs. KLH; MEK vs. KLH
11.29.2017
Dudley N. Anderson
Civil:
Complaint to reopen support; calculations
(Hess112917A)
(Posted: December 2nd 2017)
Commonwealth vs. Geist
11.29.2017
Marc F. Lovecchio
Criminal:
Appeal; voluntary or understanding nature of guilty plea of person subsequently claiming to have been intoxicated during the hearing; waiver by failing to raise issue during hearing; manifest injustice; voluntariness demonstrated by testimony at hearing
(Geist112917L)
(Posted: November 29th 2017)
WS vs. CH
11.28.2017
Nancy L. Butts
Criminal, Family:
Appeal; indirect criminal contempt for a violation of PFA order; access to weapon in pole-barn on property of grandmother in law; sufficiency of evidence
(WS112817bt)
(Posted: November 28th 2017)
Commonwealth vs. Aungst
11.27.2017
Marc F. Lovecchio
Criminal:
Appeal; post-conviction relief act petition denial; claimed manifestly excessive sentence; responsibility of counsel of candor to the appellate tribunal; resentencing for repeated violations of probation including continued use of heroin over 16 months in spite of multiple treatment efforts and an overdose and then absconding completely from supervision
(aunkst112717L)
(Posted: November 27th 2017)
Commonwealth vs. Hunter
11.22.2017
Marc F. Lovecchio
Criminal:
Post-sentence motion for judgment of acquittal; ineffective trial counsel; discretion to address claim of ineffectiveness in post trial stage; corpus delicti rule; waiver by failure to object; viability of conviction where there is no eyewitness to an assault; crimes proven by wholly circumstantial evidence; motion for new trial due to new evidence; sentencing discretion; sentence within standard range of guidelines; addressing the relevant sentencing factors
(hunter112217L)
(Posted: November 22nd 2017)
In the interest of JSZ
11.22.2017
Joy Reynolds McCoy
Criminal:
Commonwealth appeal; waiver of issues by failure to file concise statement of matters complained of on appeal
(InReJSZ112217m)
(Posted: November 22nd 2017)
Civil:
Preliminary objections; declaratory judgment regarding enforceability of subdivision approval condition; relief available for any proceeding within the exclusive jurisdiction of a tribunal other than a court; advisory opinion
(Winner112017a)
(Posted: November 20th 2017)
Administrative Appeal:
Land use appeal; request for relief that exceeds the scope of the original permit application; standing of prevailing party to appeal
(Winder111717g)
(Posted: November 17th 2017)
Commonwealth vs. Masker
11.16.2017
Nancy L. Butts
Criminal:
Suppression motion; vehicle stop; validity of consent to blood test; Birchfield issue; need for police to inform driver of increased criminal penalties that will result depending on blood alcohol concentration; consent as product of an essentially free and unconstrained choice-not the result of duress or coercion; knowledge of right to refuse test
(Masker111617bt)
(Posted: November 16th 2017)
Commonwealth vs. Portanova
11.16.2017
Nancy L. Butts
Criminal:
Suppression motion; vehicle stop; validity of consent for blood draw; totality of the circumstances; voluntariness; requirement of Miranda warnings at the time of the blood draw
(Portanova111617bt)
(Posted: November 16th 2017)
Commonwealth vs. Daniels
11.16.2017
Marc F. Lovecchio
Criminal:
Appeal; timeliness of petition for return of property
(Daniels111617L)
(Posted: November 16th 2017)
Civil:
Appeal; summary judgment; slip and fall; Restatement (2nd) of Torts section 323; imposing duty on government entity from an assumption of an undertaking, such as snow removal; hills and ridges doctrine;
(newvine111617g)
(Posted: November 16th 2017)
Commonwealth vs. Repella
11.15.2017
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel on guilty plea; waiver of issues by withdrawal of guilty plea withdrawal motion and on record claim that this attorney was not ineffective; claims belied by transcript of guilty plea hearing; accomplice liability for theft offenses
(Repella111517L)
(Posted: November 15th 2017)
Commonwealth vs. Ergott
11.15.2017
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; request to modify and reconsider sentence; knowingly, voluntarily and intelligently entered guilty plea with plea agreement
(Ergott111517L)
(Posted: November 15th 2017)
Commonwealth vs. Brown
11.13.2017
Nancy L. Butts
Criminal:
Appeal
(Brown111317bt)
(Posted: November 13th 2017)
Commonwealth vs. Smith
11.13.2017
Marc F. Lovecchio
Criminal:
Motion to dismiss; retroactive application of SORNA's registration provisions; affect of Pennsylvania Supreme Court decision for which a petition for writ of certiorari to the United States Supreme Court has been filed; request for increased bail pending Commonwealth appeal; meritorious reasons to increase defendant's bail
(Smith111317L)
(Posted: November 13th 2017)
Commonwealth vs. Sailor
11.13.2017
Marc F. Lovecchio
Criminal:
Motion in limine; proposed expert testimony on the impact of use of marijuana on drivers, to counter police testimony that defendant was unable to drive safely based on observations of a “strong” odor of marijuana, red or bloodshot eyes, his lethargy, and his poor balance; testimony for jury to consider
(Sailor111317L)
(Posted: November 13th 2017)
TS Adoption
11.13.2017
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; incarcerated parent; failure of parent to perform parental duties for a period of time in excess of six months; performance of bare minimum parental duties, before incarceration; minimal efforts to maintain relationship with child, after incarceration, mostly occurring after filing of petition; parent content to allow custodians of child to maintain primary custody of the child and provide her with the financial and emotional support she required; bond between the child and parent
(AdoptionofTS111317m)
(Posted: November 13th 2017)
Kuntz Estate
11.9.2017
Nancy L. Butts
Wills and Estates:
Appeal; exercising equitable powers to benefit innocent party; waiver; information about potential controversy known to party seeking equitable relief
(Kuntz110917bt)
(Posted: November 9th 2017)
Commonwealth vs. Coleman
11.9.2017
Nancy L. Butts
Criminal:
Suppression motion; false statement included by an affiant in affidavit for a search warrant; materiality of omission from affidavit; totality of the circumstances to find probable cause exists for a warrant to issue; reliability of admissions made against penal interest; sufficiency of information for the issuing authority to find probable cause to issue arrest warrant; relevance of crimen falsi information to the probable cause determination; de minimis discrepancies between what was reported to police and what was reported in affidavit of probable cause
(Coleman110907bt)
(Posted: November 9th 2017)
Commonwealth vs. Best
10.31.2017
Marc F. Lovecchio
Criminal:
Omnibus pretrial motion, nunc pro tunc; timeliness; discretion to hear an untimely motion; interests of_x000d_
justice; absconding as waiver of any right to assert the protection of the law; merits of the suppression motion
(Best103117L)
(Posted: November 5th 2017)
In the interest of BNK
11.2.2017
Joy Reynolds McCoy
Criminal:
Motion to vacate nolle prosequi; compliance with the juvenile court rules; proper recourse of re-filing the delinquency petition; action taken by assistant district attorney without any request or influence from the court; lack of communication and internal policy violation within district attorney's office; prejudice
(InREBNK110217m)
(Posted: November 5th 2017)
Commonwealth vs. Sailor
11.5.2017
Marc F. Lovecchio
Criminal:
Petition to withdraw as counsel and continuance for trial; irreconcilable conflict between counsel and defendant that has caused a breakdown in the attorney/client relationship; testimony to facts that counsel knows are false; substitution of co-counsel to handle the examination of defendant and closing arguments
(Sailor110517L)
(Posted: November 5th 2017)
Commonwealth vs. DeSciscio
11.3.2017
Marc F. Lovecchio
Criminal:
Motion to establish number of prior offenses; Florida convictions for DUI; substantially similar offenses; lesser degree of impairment; exactitude or equivalency
(DeSciscio110317L)
(Posted: November 4th 2017)
Civil:
Appeal of non-jury verdict; deed interpretation; credibility of expert opinion; significance of man-made monuments and acreage amounts specified in the deed in the absence of course, distances, metes and bounds or natural monuments; weight given to typeover in article of agreement; unambiguous deed description
(Nye110217g)
(Posted: November 4th 2017)
Commonwealth vs. Faison
10.20.2017
Richard A. Gray
Criminal:
Appeal; post conviction relief act petition; waiver of issues by decision of defendant not to pursue pretrial motion; reasonable basis to not file suppression motion; probable cause to authorize pen register; contraband in plain view
(Faison102017g)
(Posted: November 4th 2017)
Civil:
Summary judgment motion; snow plow damaged curb; applicability of streets exception to municipal immunity; secondary liability under the sidewalk exception
(weiser101317g)
(Posted: November 4th 2017)
Administrative Appeal:
Review petition; patient suffering from delusional thinking who, without inpatient treatment, was a danger to himself and others
(In re RB101217g)
(Posted: November 4th 2017)
Civil:
Preliminary factual determination; contract interpretation; plain meaning; evidentiary support for factual determinations
(armson103117a)
(Posted: November 1st 2017)
Criminal:
Post conviction relief act petition; patently untimely filing; legality of sentence; jurisdiction of the court
(Satterfield103117bt)
(Posted: October 31st 2017)
Criminal:
Appeal; defendant's request to bar use of blood evidence or to have it tested, where Commonwealth chose not to use the evidence to prove any crimes; propriety of trial judge overruling an interlocutory order by another judge of the same court; sufficiency of evidence of convictions for multiple assault related crimes
(Nottingham103117bt)
(Posted: October 31st 2017)
Commonwealth vs. Heddings
10.31.2017
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; eligibility for a Recidivism Risk Reduction Incentive; legality of sentence; after-discovered evidence; burglary conviction not disqualifying an individual from a RRRI sentence; need to file amended petition
(Heddings103117L)
(Posted: October 31st 2017)
Administrative Appeal:
Petition for expungement of mental health records and/or a petition to restore civil rights; firearm purchase prohibition; involuntary commitment due to use of drugs; review of sufficiency of the evidence upon which commitment was based; patient truly in need of mental health services provided at the time of commitment; due process protections; acts and statements solely the result of controlled substance use
(InreCJK103117bt)
(Posted: October 31st 2017)
Commonwealth vs. Reem
10.30.2017
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; knowing, intelligent, and voluntary guilty plea to possession with intent to deliver; denial of offense during guilty plea hearing; requirement that his conditions of supervision relate to rehabilitation or sentence; collateral consequences of guilty plea such as driver's license suspension
(reem102017L)
(Posted: October 30th 2017)
Commonwealth vs. Foster
10.30.2017
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; credit for time served; entitlement to duplicate credit
(Foster103017L)
(Posted: October 30th 2017)
Commonwealth vs. Brown
10.30.2017
Marc F. Lovecchio
Criminal:
Request of defendant to plead guilty to some charges in a criminal Information and demand for a trial on remaining charges; inherent authority of the court to ensure fairness in the legal proceedings, promote judicial efficacy and protect against abuse
(Brown103017L)
(Posted: October 30th 2017)
Commonwealth vs. Boone
10.30.2017
Marc F. Lovecchio
Criminal:
Commonwealth's motions in limine and to admit statements; evidence of victim's prior convictions for assault related offenses; admissibility of pertinent character that is relevant to the crime or defense; self-defense claim; knowledge of victim's violent character; evidence of actual conviction of a crime of a violent nature; hearsay rule; admissibility of statement by unavailable declarant made against interest; factors bearing on the reliability of the statements; statements against the declarant's penal interest
(Boone103017L)
(Posted: October 30th 2017)
WCR, Jr. vs. JGR
10.27.2017
Dudley N. Anderson
Civil:
Petitions to enforce property settlement agreement and for contempt; failure to prepare and submit an Approved Domestic Relations Order; reversion of pension benefit after death of spouse; insufficient evidence of such mal-intent as would support a finding of contempt
(reighard102717a)
(Posted: October 27th 2017)
Cohick vs. Carr
10.26.2017
Dudley N. Anderson
Civil:
Petition to reinstate appeal; failure of plaintiff to file complaint within 20 days of appeal of decision of magisterial district judge; plaintiff's intent to appeal decision awarding damages on counterclaim, on notice listing incorrect docket number; opening judgment entered on the counterclaim
(cohick102617a)
(Posted: October 26th 2017)
RJA Name Change Petition
10.24.2017
Dudley N. Anderson
Family:
Petition to change name of minor; child's best interests; social stigma associated with either name; lack of stability of Mother's relationship with her husband; father's concerns of alienation/minimization; emphasizing father's role in child's life
(RJA102417a)
(Posted: October 24th 2017)
Commonwealth vs. Liberti
10.23.2017
Nancy L. Butts
Criminal:
Reconsideration motion; conditioning a privilege (driving) on surrendering a constitutional right (right to be free from unreasonable searches); voluntary consent to the blood draw
(Liberti102317bt)
(Posted: October 23rd 2017)