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; 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)
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)
Lycoming Law Association
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Williamsport, PA 17701
