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; 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)
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)
Divorce:
Contempt petition; interpretation of QDRO language; distribution of supplemental FERS annuity; ambiguity of agreement
(sk010818m)
(Posted: January 9th 2018)
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value marital home and NASCAR collection; credibility of evidence of cause of damage to vehicle; value assessed to cash withdrawn by husband from marital account before separation; decision to provide wife with percentage of marital portion of Husband's pension rather than an immediate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)
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)
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)
Kutney Insurance Agency, Inc. vs. Winters and Travelers Indemnity Company
12.26.2017
Dudley N. Anderson
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)
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)
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)
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)
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)
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)
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)
Commonwealth vs. Susquehanna House, Inc., McCloy, Moore, Sparkenbaugh, McCloy and Nutt
12.14.2017
Marc F. Lovecchio
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)
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)
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)
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)
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)
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)
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)
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)
Custody:
Appeal
(mdg120117m)
(Posted: December 5th 2017)
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)
Civil:
Complaint to reopen support; calculations
(Hess112917A)
(Posted: December 2nd 2017)
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)
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)
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)
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)
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)
Criminal:
Appeal
(Johnson111617bt)
(Posted: November 16th 2017)
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)
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)
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)
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)
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)
Criminal:
Appeal
(Brown111317bt)
(Posted: November 13th 2017)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
Armson vs. Helsel and Pinnacle Baseball, LLC, d/b/a U.S. Elite Baseball
10.31.2017
Dudley N. Anderson
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)
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)
Criminal:
Appeal
(Shaffer103117bt)
(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)
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)
Criminal:
Post conviction relief act petition; credit for time served; entitlement to duplicate credit
(Foster103017L)
(Posted: October 30th 2017)
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)
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)
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)
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)
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)
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)
Criminal:
Suppression motion; Voluntariness of consent to blood draw; need for Miranda warnings before blood draw
(Houseknecht102317bt)
(Posted: October 23rd 2017)
Criminal:
Post conviction relief act petition; ineffective counsel; expert testimony regarding eyewitness identification; counsel's strategic decision to not request Kloiber instruction; failure to call claimed alibi witness
(Jett102317bt)
(Posted: October 23rd 2017)
Criminal:
Post conviction relief act petition; sufficiency of evidence issues; sentencing issue where no portion of the sentence was pursuant to a mandatory sentencing provision made unconstitutional by Alleyne; sufficiency of uncorroborated testimony of a sexual assault victim to sustain conviction; authentication of Facebook and text messages; racial imbalance of the jury panel; waiver of issues not raised at trial; ineffective counsel for failing to raise on appeal a substantial question on sentencing
(Williams101917bt)
(Posted: October 19th 2017)
Criminal:
Motion for individual voir dire; homicide case; identifying prospective jurors who have racially biased views; general inquiry of panel with respect to racial prejudice and related matters; limited individual voir dire
(Boone101817L)
(Posted: October 18th 2017)
Criminal:
Suppression motion; vehicle stop; conformity of blacked out DL26 form to Birchfield v. North Dakota; use of deceit, misrepresentation, or coercion in seeking consent for blood draw and testing; threat of civil penalties alone; knowing, voluntary, and intelligent consent; right to be advised of a constitutional right to refuse blood test
(Wilt101817bt)
(Posted: October 18th 2017)
Criminal:
Appeal; waiver of issues raised for the first time on appeal; imposing sentence of total confinement upon revocation of supervision; failure to complete SIP program due to disobeying the program's rules and using controlled substances; consideration of record of original sentencing proceeding; excessiveness of sentence
(Stidfole101317L)
(Posted: October 13th 2017)
Criminal:
Suppression motion; reasonable belief that parole absconder was in residence; anonymous tip and personal observation
(Mullen101217L)
(Posted: October 12th 2017)
Civil:
Non-jury trial; counterclaim for damages and injunctive relief based on allegations that road construction activities approved by plaintiff caused harm to property; claimed violations of statutes and code sections; causation; speculative arguments
(coganhouseverdict101217a)
(Posted: October 12th 2017)
Criminal:
Suppression motion; vehicle stop based on tip that vehicle carried passenger who is alleged to have committed a crime
(InReJZ101217m)
(Posted: October 12th 2017)
Criminal:
Amended petition for post-conviction relief; ineffective assistance of counsel which resulted in the entry of a guilty plea that was involuntary, unintelligent and unknowing; Alford plea, where defendant wants to plead guilty while still protesting her innocence; counsel not offering a factual basis for plea
(bailey100917L)
(Posted: October 9th 2017)
Criminal:
Post conviction relief act petition; eligibility for RRRI minimum; personal injury crimes and crimes requiring sexual offender registration
(Morehart100917L)
(Posted: October 9th 2017)
Criminal:
Post-conviction relief act petition; ineffective counsel; prospective juror's comments during voir dire; failure to argue on appeal that the evidence was insufficient convict of theft by unlawful taking; reasonable basis for not calling witness; failing to try and suppress various items including a partial confession, where waiver of Miranda rights was knowing, intelligent and voluntary; waiver of issue raised_x000d_
earlier on direct appeal and was not; recusal issue; sentencing issue
(Williams100617bt)
(Posted: October 8th 2017)
Criminal:
Suppression motion; vehicle stop; probable cause to stop the juvenile's vehicle only for traffic violation and not for driving under the influence of drugs or alcohol; no indications of impairment; scope and length of seizure
(InREBNK100517m)
(Posted: October 8th 2017)
Criminal:
Second post conviction relief act petition; license suspension as a collateral civil consequence of a criminal conviction; alleged failure to receive notice of decision on first petition; eligibility for relief by currently serving a sentence
(Howell092717L)
(Posted: October 3rd 2017)
Criminal:
Suppression motion; warrantless blood test; voluntary consent for blood test; duty of police officer to inform arrestee of rights to refuse or that the results of the test may be used against them in a criminal prosecution; credibility issues
(Garms092517L)
(Posted: September 27th 2017)
Criminal:
Suppression motion reconsideration; warrant requirement for search of cell phone; voluntarily abandoned property
(Johnson092717bt)
(Posted: September 27th 2017)
Criminal:
Suppression motion; probable cause for issuance of search warrant of cell phone; overbreadth challenge; sufficiently narrow scope of warrant
(Castro092717L)
(Posted: September 27th 2017)
Criminal:
Suppression motion; DUI arrest; voluntariness of consent for blood draw; duty to make defendant aware of all consequences of his consent; right to be informed that enhanced criminal penalties for refusal have been declared unconstitutional
(diehl092717L)
(Posted: September 27th 2017)
Criminal:
Suppression motion; DUI arrest; voluntariness of consent for blood draw; duty to make defendant aware of all consequences of his consent; intoxication as affecting voluntariness of consent; right to speak to an attorney before consent decision; duty to advise of constitutional right to refuse blood test; coercion
(Gordon092617bt)
(Posted: September 26th 2017)
Criminal:
Appeal; revocation of special probation; claimed unawareness that the conditions allegedly violated were in_x000d_
effect at the time; credibility
(Shires092517a)
(Posted: September 25th 2017)
Criminal:
Suppression motion; reasonable suspicion that drug deal was afoot; production of criminal histories of its witnesses and any promises of leniency, immunity, or preferential treatment; disclosure any other crimes, wrongs or bad acts; reservation of right to make additional pre-trial motions
(gibbs092517L)
(Posted: September 25th 2017)
Criminal:
Waiver of right to challenge prima facie case by waiving preliminary hearing; suppression motion; custodial interrogation; requirement for police officers to advise defendant of existence of criminal complaint prior to obtaining waiver of Miranda rights; misstatement of fact in affidavit of probable cause; materiality; rule 600 motion; excludable time
(Love092217bt)
(Posted: September 23rd 2017)
Criminal:
Post sentence motion to withdraw guilty plea; dissatisfaction with the court's sentence; credibility of claim that defendant did not understand the nature of an open plea
(Springer092117L)
(Posted: September 21st 2017)
Criminal:
Suppression motion; reasonable expectation of privacy for automobile and cell phone inside car left running with its back end in a lane of traffic, the sidewalk blocked; search vehicle to determine whether vehicle was stolen and identity of driver committing motor vehicle violations; abandoned cellular phone; limited search
(Lonon091117bt)
(Posted: September 18th 2017)
Wills and Estates:
Petition of auctioneer for payment of fees associated with cancelled auction; interpretation of auctioneer's contract; words of contract clear and free from ambiguity; parties' intent determined solely from express_x000d_
language of agreement
(Kuntz091817bt)
(Posted: September 18th 2017)
Criminal:
Petition for habeas corpus; presence of a firearm at a residence of a probationer; constructive possession; intent to maintain a conscious dominion over the gun; firearm in plain view; credibility of testimony of lack of knowledge
(Burkhart103111bt)
(Posted: September 15th 2017)
Civil:
Motion for a writ of seizure; landlord tenant case; personal property remaining after eviction; abandonment; obligation to pay storage costs; seizure bond; in forma pauperis status of plaintiff; purpose of bond provisions; landlord's counterclaim for fees and damages
(hannibal042314br)
(Posted: September 15th 2017)
Criminal:
Appeal
(McCloskey071117bt)
(Posted: September 15th 2017)
Criminal:
Motion to dismiss or suppress; sole basis for vehicle stop to investigate odor of marijuana; reasonable suspicion to stop vehicle; credibility of testimony of police officers; evidence of ulterior motive for vehicle stop or of profiling
(Vickers091517L)
(Posted: September 15th 2017)
Criminal:
Appeal; attempted homicide/robbery case; sufficiency of evidence; propriety of use of photo array; relevancy of proposed expert testimony; exclusion of altered versions of photos from photo array; preclusion of wearing by defense counsel of sunglasses and hoody as demonstrative evidence during closing argument; Commonwealth appeal of allowance of eyewitness identification expert testimony; use of expert testimony to prove that it is more difficult to recognize someone who is wearing a disguise; qualification of expert in particular area of science; limiting expert testimony to matters contained in report; admission of evidence of defendant's possession of gun a week before shooting; probative value outweighing likely prejudice; probative value of statement discussing possible drug use by defendant; use of video to demonstrate prior inconsistent statement made by the witness, to impeach the witness's credibility; speculative evidence that someone else committed the crime; limitations to defense counsel's closing argument to evidence developed in testimony; prejudicial impact of potential juror's statements about possibly knowing defendant professionally and that he worked at a prison
(Washington091417bt)
(Posted: September 15th 2017)
Criminal:
Appeal; sentencing discretion; claimed excessive sentence for endangering welfare of child
(Hoy091517bt)
(Posted: September 15th 2017)
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