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:
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
(Dishong110917L)
(Posted: September 11th 2017)
Criminal:
Appeal
(Peterson090617bt)
(Posted: September 7th 2017)
Administrative Appeal:
Petition for review of grant of right-to-know request; specificity of request; burdensome request; contracts as "financial records"; applicability of confidential proprietary information and trade secrets exemption to financial records
(lycomingcoheimbaugh090617a)
(Posted: September 7th 2017)
Civil:
Preliminary objections; landlord-tenant claim; jurisdiction of court where no notice to quit is served; requirement for notice to quit where possession is not sought and only money damages are sought; attaching writings to complaint that form basis for claim; excessive and punitive late fees; reasonableness of contract damages; landlord's duty to mitigate damages for unpaid rent after tenants are evicted; landlord's ability to claim damages for inability to re-rent premises
(cohick081017g)
(Posted: September 7th 2017)
Civil:
Motion for partial summary judgment; employment dispute; fraudulent inducement; failure to produce facts essential to establish the cause of action; establishing terms not in written employment agreement
(guenot082917g)
(Posted: September 7th 2017)
Criminal:
Severance motion; prior criminal record admissible for certain claims and not for others; prejudice; defendant's burden of proof
(Hopkins082317g)
(Posted: September 7th 2017)
Criminal:
Motion to dismiss; double jeopardy; charge of possession of weapon on school property following plea to summary charge of harassment for striking student with BB; rule of compulsory joinder
(AM090117g)
(Posted: September 7th 2017)
Criminal:
Suppression motion; warrantless blood test; constitutional right to refuse blood test; knowing and intelligent consent for blood test; right to consult with attorney before making a decision to allow blood draw; duty of police officer to inform arrestee of consent and refusal statute, and that those provisions are no longer enforceable because of recent court decisions; evidence of coerced consent
(littlejohn090817L)
(Posted: September 7th 2017)
Criminal:
Suppression motion; timeliness; discretion of trial judge; length and cause of delay; standard for determining consent to search; totality of circumstances; per se rule requiring police to advise defendant of consequences of refusal to consent
(DeSciscio090117L)
(Posted: September 2nd 2017)
Criminal:
Suppression motion; timeliness; discretion of trial judge; length and cause of delay; standard for determining consent to search; totality of circumstances; per se rule requiring police to advise defendant of consequences of refusal to consent
(kelly090117L)
(Posted: September 2nd 2017)
Criminal:
Suppression motion; timeliness; discretion of trial judge; length and cause of delay; standard for determining consent to search; totality of circumstances; per se rule requiring police to advise defendant of consequences of refusal to consent
(Allen090117L)
(Posted: September 2nd 2017)
Criminal:
Post-conviction relief act petition; timeliness; jurisdiction of the court; retroactive application of Alleyne v. United States
(Robinson083117bt)
(Posted: August 31st 2017)
Criminal:
Post-conviction relief act petition; claim of ineffective assistance of counsel; plea of guilty as waiver of all defects and defenses; manifest injustice to withdraw guilty plea; knowing, intelligent, voluntary, and understanding plea; consideration of mental illness as a mitigating factor in accepting plea; defendant's negligence in attempting to appeal
(Reid083117bt)
(Posted: August 31st 2017)
Criminal:
Habeas corpus petition; prima facie case of drug delivery causing death; hearsay evidence; attempted withdrawal of stipulations as to death certificate and autopsy; suppression motion; knowing and voluntary waiver of Miranda rights; intoxication
(Cavanaugh0824172bt)
(Posted: August 30th 2017)
Criminal:
Nominal bail motion; rule 600; defense counsel's unavailability
(Cavanaugh0824171bt)
(Posted: August 30th 2017)
Criminal:
Response and objection to dismissal of PCRA petition; timeliness; ability to confront and cross examine analysts who performed tests; issue in question at trial; failure to file suppression motion; merit of potential motion; propriety of PCRA counsel investigating reasons why trial counsel chose not to file motion to suppress
(Cooley082917bt)
(Posted: August 30th 2017)
Criminal:
Post conviction relief act petition; ineffective counsel for failure to file rule 600 motion; Commonwealth's due diligence; waiver of all defects and defenses by pleading guilty; knowing, voluntary, and intelligent guilty plea; legality of sentence
(Hersh082917bt)
(Posted: August 30th 2017)
Administrative Appeal:
Petition for review of decision of mental health hearing examiner; severe mental disability; involuntary commitment; clear and convincing evidence; unable to provide for self-protection and a danger to self and others
(mb081717L)
(Posted: August 26th 2017)
Criminal:
Suppression motion; claimed unlawful arrest on bench warrant; issuance of bench warrant for failure to pay fines and costs; proper notice that failure to pay would result in bench warrant
(Henderson081617bt)
(Posted: August 26th 2017)
Criminal:
Habeas corpus petition; prima facie case of homicide; accomplice theory; evidence of conspiracy and robbery
(Coleman081617bt)
(Posted: August 26th 2017)
Criminal:
Motion to dismiss; prima facie case of possession with intent to deliver and paraphernalia; suppression motion; probable cause for vehicle stop; vehicle code violation
(Strickland082317bt)
(Posted: August 23rd 2017)
Adoption:
Agency petition for involuntary termination of parental rights; mental disability; ability of mother to care for self and children; concerns for the children's safety; parent refusing or failing to perform parental duties; cooperation with agency to obtain rehabilitative services necessary for parent to be capable of performing parental duties and responsibilities; needs and welfare of children; bond existing between children and parent.
(AdoptionofAand JW081817m)
(Posted: August 21st 2017)
Criminal:
Suppression motion; credibility question about whether defendant waived his Miranda rights before or after being questioned
(Kennedy081017L)
(Posted: August 17th 2017)
Criminal:
Appeal; manifestly excessive and unreasonable sentence claim; revocation of sentence of intermediate punishment; consideration of the protection of the public and defendant's rehabilitative needs; sentence within the standard guideline range
(Johnson081117L)
(Posted: August 17th 2017)
Criminal:
Post-sentence motion; severance; claim of prejudice related to defense of consent for sex with two victims; proof of identity of defendant sufficient to defeat motion for judgment of acquittal; gaps in chain of custody of evidence affecting only weight and not admissibility of evidence; admissibility of evidence of claimed false sexual assault allegations previously made by complainant against someone else; sufficiency of evidence to establish obscene and other sexual materials and performances charges where definition of performance is not met; excessive sentence claim; public interest in protecting even those who make bad choices, such as prostitutes and heroin addicts
(Bean081417a)
(Posted: August 14th 2017)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction to consider petitions to challenge the discretionary_x000d_
aspects of the sentence after the sentencing order becomes final; waiver for failure to raise an issue that could have been previously raised; eligibility for boot camp; retroactive application of Alleyne decision
(Jones081017bt)
(Posted: August 10th 2017)
Custody:
Venue change petition; custody case; inconvenient forum under the circumstances; young child who splits time between Williamsport and South Dakota
(LH071417g)
(Posted: August 10th 2017)
Support:
Exceptions to spousal support order; consideration of new evidence not heard by the hearing officer; relevancy of false testimony of inability to work where earning capacity assigned; rebuttable presumption of correctness of support guidelines; consideration of veteran's disability compensation
(TJG062717g)
(Posted: August 10th 2017)
Nye vs. Shipman; Nye vs. Shipman, Neff, Shipman and Range Resources-Appalachia, LLC
6.30.2017
Richard A. Gray
Civil:
Non-jury trial verdict; quiet title and ejectment action; correct location of boundary line
(nye063017g)
(Posted: August 10th 2017)
Administrative Appeal:
Appeal from Pa. Office of Open Records determination; applicability of Right to Know Laws to a volunteer fire company; de novo standard of review; collateral estoppel; standing to appeal a favorable determination; claim for attorney's fees
(pysher080917g)
(Posted: August 10th 2017)
Criminal:
Suppression motion; trooper's comments to which defendant agreed; custodial interrogation
(Barasky080717L)
(Posted: August 7th 2017)
Criminal:
Post conviction relief act petition; credit for time spent in custody prior to guilty plea and sentencing; state “parole hit” or “back time” on a prior case as a result of current conviction
(Policastro080317L)
(Posted: August 7th 2017)
Criminal:
Motion for extraordinary relief; propriety of written motion; request for judgment of acquittal; consistency of guilty verdict on firearms charge with failure to reach verdict on homicide and assault charges
(Hall080417L)
(Posted: August 5th 2017)
Criminal:
Post conviction relief act petition; eligibility for relief; serving a term of sentence for conviction; defendant's mental health as after discovered exculpatory evidence
(Cook080417bt)
(Posted: August 4th 2017)
Criminal:
Habeas corpus petition; witness intimidation charges; no testimony from witnesses allegedly intimidated by defendant's comments; prima facie case; evidence of an effort upon the part of defendant to encourage witnesses to give false and or misleading testimony
(Dimarco080217bt)
(Posted: August 2nd 2017)
Criminal:
Post sentence motion; unreasonable and excessive sentence; sentence at the bottom of the guideline range, and far below the maximum sentence available; sentencing discretion
(Peterson080217bt)
(Posted: August 2nd 2017)
Southwestern Energy Production Company vs. Andarko E&P Onshore LLC, et. al.
7.31.2017
Dudley N. Anderson
Civil:
Summary judgment motion; quiet title action; tax sale; divestment of subsurface rights where the subsurface rights have been severed from the surface, but there has been no separate tax assessment of the subsurface rights; failure to report subsurface severance to taxing authorities; presumption that all actions, such as recording and assessing severed rights, that were required to be taken were taken; challenge to tax sale within initial two-year redemption period
(Southwestern073117a)
(Posted: July 31st 2017)
Criminal:
Suppression motion; homicide case; request for an attorney in non custodial questioning situation extending to later custodial interrogation; knowing and voluntary waiver of Miranda rights; admissibility of voluntary statements not made in response to police questioning
(Frierson072817bt)
(Posted: July 30th 2017)
Divorce:
Appeal; enforcement of property settlement agreement; exception to the general rule that mediation documents are privileged; intent of parties to consider document labeled "draft" as binding, final agreement; ambiguity; look beyond four corners of the document; admissibility of testimony of mediator
(cp072617m)
(Posted: July 27th 2017)
Criminal:
Habeas corpus motion; sufficiency of the evidence of conspiracy to distribute marijuana; agreement; prima facie case of criminal use of a communications where phone was in defendant's vehicle where he had access to it; constructive possession of drugs; intent to distribute inferred from cash, drugs and phones in vehicle
(West072417L)
(Posted: July 24th 2017)
Criminal:
Motion to admit certain statements; Tender Years Act; 4 year old victim unavailable for purposes of testimony; admissibility of testimonial hearsay statements; child's testimony at trial; nontestimonial hearsay; testimony by contemporaneous alternative methods
(carpenter072417L)
(Posted: July 24th 2017)
Criminal:
Post conviction hearing act petition; excessive sentence claim; waiver; plea agreement; applicability of guidelines to maximum sentence; discretionary review of negotiated sentence; calculation of prior record score
(Green072017L)
(Posted: July 20th 2017)
Criminal:
Post conviction relief act petition; waiver of claims by pleading guilty; knowing, voluntary and intelligent plea
(Bennett071417L)
(Posted: July 20th 2017)
Criminal:
Appeal; sufficiency and weight of evidence of hindering apprehension; evidence of knowledge of an underlying crime; lies evidencing consciousness of guilt; boilerplate allegations of error
(Lambert071417L)
(Posted: July 20th 2017)
Criminal:
Motion to quash treated as a habeas corpus petition; prima facie case; actual or constructive evidence of possession; close proximity to item; motion for funds for private investigator; articulated substantial basis for_x000d_
appointing an investigator
(jacobs072017L)
(Posted: July 20th 2017)
Criminal:
Motion to reconsider sentence; credit for only time spent incarcerated; discretion to make sentences for two crimes consecutive; significant prior criminal history
(Bradshaw072017L)
(Posted: July 20th 2017)
Criminal:
Suppression motion; vehicle stop for window tint violation; timeframe for vehicle stop; reasonable suspicion; validity of the consent search; burden of establishing that a consent is the product of an essentially free and unconstrained choice; probable cause for search
(Kellam071817bt)
(Posted: July 18th 2017)
Criminal:
Nunc pro tunc post-conviction relief act petition; doctrine of equitable tolling; appeal rights; ineffective assistance of counsel for failing to call a witness; prejudice
(Johnson071817bt)
(Posted: July 18th 2017)
Criminal:
Appeal
(Koch071117bt)
(Posted: July 15th 2017)
Criminal:
Habeas corpus petition; involuntary manslaughter and reckless endangerment charges related to leaving a child in a hot car; prima facie case; disregarding a substantial and unjustifiable risk that death would result from behavior; allowing oneself to forget where consequences would be grave
(Borgess071217bt)
(Posted: July 15th 2017)
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; merit of potential suppression motion; search of defendant parolee's home based on money orders for large sums made out to defendant found in another parolee's home; prejudice to defendant; rational decision by counsel
(Cooley071317bt)
(Posted: July 15th 2017)
Criminal:
Habeas corpus petition; prima facie case of burglary and criminal trespass where defendant was in possession of stolen gun and a door had been jimmied; corpus delecti of crime where stolen gun had not been found; hearsay statements establishing prima facie case; suppression motion; probable cause for phone record search warrant; information from confidential informant; informant coerced into wearing a wire; validity of waiver of Miranda rights were defendant is not told of an open arrest warrant for the crime; knowledge of nature of criminal investigation
(Girardi071317bt)
(Posted: July 15th 2017)
Criminal:
Suppression motion; vehicle stop for window tint violation; driving on a suspended license violation; reasonable suspicion for dog sniff search; objective nexus between actual drug activity and the officer's suspicion of that activity
(West071417bt)
(Posted: July 15th 2017)
Criminal:
Post-conviction relief act petition; claim of ineffective counsel; second round of collateral attack focusing upon the performance of PCRA Counsel; timeliness; jurisdiction of the court
(Shaffer063017bt)
(Posted: July 3rd 2017)
Criminal:
Appeal; weight and sufficiency of the evidence; falsely accusing correctional officer of voyeurism; criminal prosecution for report of sexual abuse not based on good faith under Prison Rape Elimination Act; sentencing discretion
(Poole063017bt)
(Posted: July 3rd 2017)
Adoption:
Petition for involuntary termination of parental rights of father; service by publication; parent evidencing settled purpose of relinquishing parental claim to a child or refusing or failing to perform parental duties; failure to appear at hearing; bond existing between child and parent
(AdoptionofJD070317m)
(Posted: July 3rd 2017)
Criminal:
Appeal; post conviction relief act petition; admissibility of testimony regarding defendant's reputation in the community for truthfulness where the Commonwealth did not attack defendant's reputation for truthfulness and honesty; strategic purpose for claim of trial counsel's ineffectiveness in failing to call_x000d_
character witnesses and opening the door to rebuttal testimony concerning statements made during a dependency hearing; defense decision not to call character witnesses on defendant's reputation for being non-violent and peaceful; prejudice; reasonable probability that the outcome of appeal upon reinstatement would have been different; allowing questions of defendant designed to defeat his self-defense claim; strategic decision to ask questions later deemed to open to door to adverse testimony
(Kemp062817L)
(Posted: June 30th 2017)
Criminal:
Post conviction relief act petition; claim of ineffective assistance of counsel; failure to file motion on non-meritorious grounds; bad faith of trooper in failing to preserve recording; lack of prejudice; reasonable probability verdict would have been more favorable
(Davis062917bt)
(Posted: June 30th 2017)
Criminal:
Amended post conviction relief act petition; claim of ineffective counsel; admissibility of firearm convictions at trial; failure to produce evidence at hearing
(Sabur062917L)
(Posted: June 30th 2017)
Criminal:
Appeal; homicide case; testimony of police officer to the ultimate issue in the criminal investigation; harmless error; DNA testing necessity; relevance of details of plea negotiations of co-conspirator who testifies at trial, where agreement is disclosed to the jury; applicability of Wiretap Act to prison conversations; prison conversation with mother as admission of a party; use of prior consistent statements; allowing witness to consult with attorney during examination, where 5th amendment rights may be implicated; use of Defendant's statement at trial where officers confronted him about statements of coconspirator who did not testify; cautionary instruction; weight of the evidence where witnesses are claimed to be not credible; sentencing discretion
(Perez062717bt)
(Posted: June 28th 2017)
Criminal:
Post conviction relief act petition; allegations of ineffective assistance of counsel; eligible for RRRI; maximum sentence; sentence exceeding the sentencing guidelines; written guilty plea colloquy as evidence of defendant's knowledge of the factors involved in the plea; prejudice of counsel's failure to explain items in the colloquy
(Suggs062817L)
(Posted: June 28th 2017)
Criminal:
Appeal; sentencing discretion; 3 DUI offences within 3 months; sentence and re-sentence upon receipt of information questioning the credibility of defendant's sentencing hearing testimony on his rehabilitation efforts; protection of the public
(Moyer061917L)
(Posted: June 27th 2017)
Criminal:
Commonwealth's motion for reconsideration of disallowance of evidence; weight rather than an admissibility argument
(Mitchell062317bt)
(Posted: June 26th 2017)
Criminal:
Appeal of discretionary aspects of his sentence; probation violation; mental health and substance abuse issues; protection of the community; multiple criminal convictions
(price062117L)
(Posted: June 23rd 2017)
Criminal:
Appeal; waiver for failure to file rule 1925 statement; sentencing alternatives upon revocation of state intermediate punishment sentence; unduly harsh and excessive sentence; substance dependence; choice not to be rehabilitated
(Hammaker062217L)
(Posted: June 23rd 2017)
Custody:
Petition to intervene; standing to seek custody of child; parties in loco parentis; loss of status of in loco_x000d_
parentis due to the passage of time; best interests of the child
(VG061517g)
(Posted: June 23rd 2017)
Criminal:
Petition for post-conviction relief; ineffective assistance of counsel; failure to file suppression motion; use of pen register to track a fugitive; search of apartment; misstatement of fact in affidavit of probable cause; reasonable basis for trial strategy; waiver of issues not litigated
(Faison062317g)
(Posted: June 23rd 2017)
Criminal:
Post conviction relief act petition; defendant's misconception that he was sentenced under repealed statute
(Shoemaker061917L)
(Posted: June 20th 2017)
Criminal:
Appeal; sufficiency and weight of evidence of defendant's identity in aggravated assault case involving a shooting; waiver of issues not raised with the trial judge; verdict shocking the court's conscience; admissibility of taped conversations of defendant discussing possible guilty plea with members of his family; confessions of guilt
(Spencer061917L)
(Posted: June 20th 2017)
Criminal:
Post conviction relief act petition; claim of ineffective trial counsel due to interference with defendant's right to testify and right to make a knowing, intelligent, and voluntary decision on whether or not to testify; timeliness; arguable merit of claim; reasonably designed strategy; prejudicing right to fair trial
(McCloskey061917bt)
(Posted: June 20th 2017)
Criminal:
Post conviction relief act petition; improper advice by counsel because of no notification of consequences; license suspension as a collateral civil consequence of a criminal conviction
(Howell060817L)
(Posted: June 16th 2017)
Criminal:
Appeal; weight and sufficiency of evidence
(Larochelle060817L)
(Posted: June 16th 2017)
Bausch vs. Orso, Casale & Bonner, PC, Semo, Hinkle and Recla
5.16.2017
J. Michael Williamson, Specially Presiding
Civil:
Motion for compulsory nonsuit; Dragonetti Act claim; favorable termination; case resolved by settlement of co-defendant; complaint filed as a result of significant consideration and supported by probable cause; lack of negligence; abuse of process claim; evidence that suit filed for designed purpose, which purpose was partially achieved; existence of fiduciary relationship
(bausch051617W)
(Posted: June 15th 2017)
Criminal:
Suppression motion; evidence obtained from backpack in the Juvenile's bedroom; revocation of consent to search; probable cause for warrantless search; lack of arrest; exigent circumstances
(InReRK060817m)
(Posted: June 12th 2017)
Civil, Administrative Appeal:
Agency appeal; de novo hearing; false or misleading information on application concerning prior subsidized housing; denial for misrepresentation of information related to eligibility
(ward060517g)
(Posted: June 10th 2017)
Criminal:
Fourth petition for post-conviction relief; timeliness; claims previously litigated or deemed waived; bald claims not linked to any facts; claims waived for lack of development; viability of tender years finding
(bodle060617g)
(Posted: June 10th 2017)
Criminal:
Appeal
(Dacenzo051117bt)
(Posted: June 8th 2017)
Criminal:
Post conviction relief act petition; warrantless breath tests; coerced consent resulting from officer's warnings_x000d_
of enhanced criminal penalties; retroactive effect of Birchfield v. North Dakota; change in constitutional criminal procedure
(Miller060817bt)
(Posted: June 8th 2017)
Criminal:
Appeal; supplemental Pa.R.A.P. 1925(a) opinion setting forth the rationale and basis for incorporating an ancillary matter into the criminal proceedings
(Confer060717bt)
(Posted: June 7th 2017)
Criminal:
Post conviction relief act petition; timeliness; waiver of recusal claim by failing to request recusal at the appropriate time; entitlement to credit for time served on probation; sentencing considerations
(Horn060617L)
(Posted: June 6th 2017)
Criminal:
Suppression motion; cell phone search; consent to use phone; unfortunate timing of incriminating text message
(gusev060217L)
(Posted: June 3rd 2017)
Criminal:
Appeal; due process rights under Brady v. Maryland; preserving issue for appeal; waiver of issues not in the post conviction relief act petition; disclosure of documentation held by other agency; admissible bad acts evidence against investigating officer
(Barto060217L)
(Posted: June 3rd 2017)
Divorce:
Appeal; contempt for failure to comply with periodic equitable distribution payment order; “double-dip” by using same income to calculate child support, APL, and a mortgage contribution; relitigation of previously decided issue; issue properly addressed by motion to modify child support obligation based on changed_x000d_
circumstances; lump sum payment; award of attorney fees on finding of contempt
(sam053017m)
(Posted: May 31st 2017)
Criminal:
Suppression motion; probable cause to search; reasonable suspicion; plain feel doctrine; investigatory detention; non-custodial incriminating statements regarding use of marijuana; habeas corpus petition; prima facie case of possession with intent to deliver
(Bond052917L)
(Posted: May 30th 2017)
Criminal:
Commonwealth's Motion in limine; prior bad acts evidence; evidence of common scheme, plan or design, and intent and absence of mistake or accident; similarity of offenses; potential for unfair prejudice
(Matlosz053017L)
(Posted: May 30th 2017)
Criminal:
Motion to dismiss firearms charges for violating constitutional right to bear arms; waiver for untimely filing; waiver of severance issue; discretion of the court to sever where there is prejudice for the jury to hear evidence on all the counts
(hopkins051017g)
(Posted: May 27th 2017)
Criminal:
Guilty plea withdrawal motion before sentencing; prejudice; bare assertion of innocence as a fair and just reason for withdrawal
(smith051517g)
(Posted: May 27th 2017)
Criminal:
Appeal
(Mullen042617bt)
(Posted: May 25th 2017)
Criminal:
Appeal; forfeiture by wrongdoing of hearsay and confrontation rights; witness appearing at trial pursuant to a material witness warrant; waiver of objection at trial; withdrawal of rights to confront and to assert a hearsay objection; claimed Commonwealth misconduct in the ex parte communication with president judge to have trial judge assigned; required prejudice; motion for judgment of acquittal; sufficiency of evidence of burglary, robbery, aggravated assault, conspiracy and theft and receiving stolen property; Commonwealth's use of the term “pistol-whipped”; lay opinion testimony on how in her experience Instagram was used; relevance of testimony that defendant owned a gun where he was charged with using_x000d_
a gun to assault someone; authenticity of the photographs from Instagram; circumstantial evidence of authenticity; accomplice liability instruction
(Martin052317L)
(Posted: May 24th 2017)
Criminal:
Appeal; probable cause to arrest; totality of the circumstances as seen through the eyes of a trained officer; need for arrest warrant where there is probable cause to believe that a felony has been committed and that arrestee is the felon; suppression motion; unreasonable delay in arraignment; probable cause to seize and search vehicle; “inevitable discovery” rule; Municipal Police Jurisdiction Act; invitation by law enforcement that had jurisdiction; suppression as appropriate remedy; unduly suggestive photographic identification; joinder of informations; prejudice; offense admissible in separate trial for other offense; common scheme or plan; rule 600; delay caused by Commonwealth's lack of due diligence; sentencing discretion; special consideration due to age and rehabilitative needs
(McDowell050817L)
(Posted: May 23rd 2017)
Criminal:
Motion to dismiss based upon discriminatory prosecution; failure of mandatory reporter to report sex abuse claim; purposeful discrimination
(Poust051517bt)
(Posted: May 22nd 2017)
Criminal:
Suppression motion; vehicle search; probable cause to believe a crime had occurred; totality of circumstances
(Tallent051617bt)
(Posted: May 22nd 2017)
Criminal:
Pro se motion for relief nunc pro tunc; constitutionality of sexual offender registration requirement; pending Supreme Court cases on registration statute's violation of the ex post facto clause of the Pennsylvania constitution; decision deferred
(Koch051117bt)
(Posted: May 12th 2017)
Criminal:
Commonwealth's motion in limine; expert testimony regarding eye witness identification; discretion of court; relevancy; timeliness of production of expert report where no discovery request was served; knowledge possessed by average lay person; scope of expert opinion
(Hall051117L)
(Posted: May 12th 2017)
Criminal:
Nunc pro tunc pretrial motion; previous motion dismissed for non-appearance of defendant; excuse for non-appearance
(West051217L)
(Posted: May 12th 2017)
Criminal:
Habeas corpus petition; nunc pro tunc designation for late filing due to recantation of Commonwealth witness; hearsay statements of witnesses; prima facie case
(Johnson050917bt)
(Posted: May 10th 2017)
Criminal:
Motion for release on nominal bail; rule 600; delay attributable to defense
(Ruffin050917bt)
(Posted: May 10th 2017)
Criminal:
Suppression motion; probable cause to stop motor vehicle; knowing voluntary, and intelligent agreement to blood test based upon officer's warnings of loss of license; evidence of coercion
(Liberti050917bt)
(Posted: May 10th 2017)
Civil:
Preliminary objections; claimed water damage due to leaking borough pipes; duty; governmental immunity; utility service facilities exception; dangerous condition of borough's water system; notice; unjust enrichment; unconstitutional application of municipal ordinance where it is unequally applied
(smith042717g)
(Posted: May 6th 2017)
Administrative Appeal:
Appeal of involuntary mental health commitment; patient acting in such manner as to evidence that he would be unable, without care, supervision and the continued assistance of others, to satisfy his need for nourishment, personal or medical care, shelter, or self-protection and safety; non-compliance with medication requirements
(SP050417g)
(Posted: May 6th 2017)
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