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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Civil:
Preliminary objections; replevin action; potential equitable claim to title; no allegation of wrongful taking or possession by defendant
(Wettlaufer042517g)
(Posted: May 6th 2017)
Branch Banking and Trust Company vs. Dibble, Black Bear Holdings, LLC, Mccague, Hill, Rosdev Capital Funding, LP, Barry Isett & Associates, Inc., Phillips, Voneida and Linde Corporation
5.5.2017
Dudley N. Anderson
Civil:
Summary judgment motion; action to quiet title; declaration as to priority of mortgage; unrecorded deed; impeachment of mechanic's lien; standing to challenge court's prior holding on validity of deeds; priority of mechanic's liens; issue of fact as to when work completed; statutory construction of mechanic's lien statute; perfection of lien
(Banch_Banking0505107a)
(Posted: May 6th 2017)
Civil:
Motion to dismiss; prima facie case of drug delivery; constructive possession; prima facie showing of drug possession, criminal use of communication facility and conspiracy
(Ruffin050517bt)
(Posted: May 6th 2017)
Criminal:
Appealability of denial of defense motions in limine; interlocutory order appealable as collateral order
(Parker050417bt)
(Posted: May 4th 2017)
Adoption:
Petition for involuntary termination of parental rights of father; 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
(AdoptionofBGR042117m)
(Posted: May 1st 2017)
Support:
Exception to support order; assessment of earning capacity based on job opportunities or actual income; suspension of spousal support for adultery
(fowler042817a)
(Posted: May 1st 2017)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court; retroactive application of Alleyne case
(Haught050117bt)
(Posted: May 1st 2017)
Criminal:
Appeal; timeliness of post sentence motion; timeliness of appeal; reimbursement for pants of adult probation officer; Crime Victims Act Supervisory Fund; damage by defendant while probation officer detaining defendant
(Confer050117bt)
(Posted: May 1st 2017)
Criminal:
Post conviction relief act petition; timeliness; mens rea to be adjudicated guilty for failure to register; definition of knowingly; defense of intervening stressful life issues
(Geiger050117bt)
(Posted: May 1st 2017)
Civil:
Petition to strike or open judgment; service by registered mail; requirement of restricted delivery; identification of individual signing for the mail; requirements for the return of service
(eurooptics050117-2a)
(Posted: May 1st 2017)
Criminal:
Appeal; mens rea requirement for conviction of possession of a firearm with altered manufacturer's number; possession alone sufficient
(wylie042717a)
(Posted: April 27th 2017)
Criminal:
Motion of Adult Probation Office to include conditions of supervision related to sexual offenses, for retail theft conviction; conditions reasonably related to rehabilitation; nexus between defendant's crime and proposed restrictions
(dishong042717L)
(Posted: April 27th 2017)
Criminal:
Request of Adult Probation Office to include conditions of supervision related to sexual offenses, for simple assault conviction; conditions reasonably related to rehabilitation; nexus between defendant's crime and proposed restrictions.
(Pepperman042717L)
(Posted: April 27th 2017)
Criminal:
Motion to withdraw nolo contendere plea; fair and just reason; sufficiency of mere assertion of innocence to warrant second plea withdrawal
(Wodrig041317bt)
(Posted: April 26th 2017)
Criminal:
Motion to dismiss; rule 600 speedy trial requirements; due diligence of Commonwealth
(Pinkney041917bt)
(Posted: April 22nd 2017)
Civil:
Summary judgment motion; slip and fall; sidewalk exception to governmental immunity; defect or dangerous condition of the sidewalk; speculative testimony
(Grady042017a)
(Posted: April 22nd 2017)
Criminal:
Motion to dismiss; timeliness; appearance of new counsel; lack of prejudice; dismissal motion characterized as motion in limine; waiver of preliminary hearing as waiver of ability to challenge the sufficiency of the evidence in habeas corpus motion
(Kennedy042117L)
(Posted: April 22nd 2017)
Criminal:
Appeal; sentencing discretion; unduly harsh and manifestly excessive sentence following violation of probation; consideration of mental health issues; substance abuse; failure to take advantage of treatment options offered
(marchese042117L)
(Posted: April 22nd 2017)
Civil:
Motion in limine; motor vehicle accident; admissibility of point of impact testimony by non-experts; reliance on physical evidence at the scene of accident; eye-witness account of the point of impact; admissibility of criminal convictions that do not involve dishonesty or false statements
(maxson041117g)
(Posted: April 22nd 2017)
Criminal:
Habeas corpus petition; probable cause for vehicle stop; flashing high beams once for a second while within 100 feet of troopers' oncoming vehicle; objective belief that violation of the Vehicle Code occurred
(Kostishak041817L)
(Posted: April 18th 2017)
Criminal:
Suppression motion; probable cause to stop vehicle; observation of Vehicle Code violation
(kostishak041317L)
(Posted: April 14th 2017)
Criminal:
Severance motion; sexual assault crimes against two victims; common plan, scheme or design; lack of similarity of offenses; undue prejudice
(vassallo041217L)
(Posted: April 12th 2017)
Criminal:
Suppression motion; reasonable suspicion for vehicle stop; observation of apparent drug transactions at location identified by known informant; automobile exception to the warrant requirement where there is probable cause to search
(Hartsfield041117bt)
(Posted: April 11th 2017)
Criminal:
Suppression motion; probable cause to search stopped vehicle; odor of marijuana; probable cause to obtain warrant to search cell phone based on totality of circumstances of drug dealing
(mclaurin041117L)
(Posted: April 11th 2017)
Criminal:
Petition for writ of coram nobis treated as seventh petition for post conviction relief; timeliness
(Knight041017bt)
(Posted: April 10th 2017)
Criminal:
Appeal; admissibility of photographs of victim's injuries and of crime scene; photographs inflammatory, or relevant, probative and not misleading; sufficiency of evidence as to intent to cause serious bodily injury; request for continuance/mistrial due to unavailability of his witness who came under investigation for witness intimidation related to all three prosecution witnesses; likely cumulative evidence; no specific proffer as to how testimony would have advanced defense
(coleman040517g)
(Posted: April 8th 2017)
Criminal:
Habeas corpus petition; waiver of preliminary hearing causing loss of right to object to sufficiency of Commonwealth's evidence; suppression motion; unannounced home visit of probationer's home by probation officers; drug contraband in plain view; probable cause to search
(Rogers033117bt)
(Posted: April 6th 2017)
Wills and Estates:
Appeal; credibility of testimony regarding verba in praesenti, to establish common law marriage
(Smith032917bt)
(Posted: April 5th 2017)
Criminal:
Suppression motions; standing to object to search of wife's cell phone where wife copied sexually explicit video from defendant's phone to her phone; defendant's reasonable expectation of privacy in his wife's phone; consensual review of phone without warrant; vicarious assertion of constitutional rights of another person
(Best040517L)
(Posted: April 5th 2017)
Criminal:
Suppression motion; warrantless search of home without seizure of evidence; seizure of rifle stored in plain view outside of the house, after complaint that defendant was threatening to use it against a person
(Coffey040517L)
(Posted: April 5th 2017)
Criminal:
Suppression motion; search of cell phone; standing; voluntary abandonment; disavowal of a possessory interest; reasonable expectation of privacy
(Johnson033117bt)
(Posted: April 1st 2017)
Criminal:
Habeas corpus petition; prima facie case of criminal homicide; receiving stolen property tampering with evidence and robbery
(Frierson033117bt)
(Posted: April 1st 2017)
Criminal:
Post sentence motion; amending criminal information to add additional theft offense with similar elements; prejudice; admissibility of defendant's statements to police; corpus delecti rule; admissibility of text messages; authentication by circumstantial evidence; hearsay objection where text messages not offered for the truth of the matters asserted; sufficiency and weight of the evidence; grading of offense in light of testimony at trial; excessive sentence; theft among drug dealers
(Tubbs032217a)
(Posted: March 25th 2017)
Civil:
Summary judgment motion; slip and fall case; hills and ridges doctrine; issues of fact; defective property condition; constructive notice that defect existed for such a period of time that it could have been discovered
(Holtzapple031517g)
(Posted: March 21st 2017)
Criminal:
Post-conviction relief act petition; claim of ineffective assistance of counsel; claim lacking arguable merit; failure to call character witnesses; relevance of evidence of defendant's reputation for truthfulness or honesty; evidence of reputation for being nonviolent; subjecting witnesses to cross-examination about specific incidents of violent conduct; reasonable basis for not calling character witnesses; prejudice; opening the door to unfavorable rebuttal evidence; strategic basis for use of evidence
(Kemp031717L)
(Posted: March 17th 2017)
Divorce:
Contempt petition; validity of attempt by court to order alimony before entry of divorce decree; clear and unambiguous contract provision; payments made to spouse during the course of separation, and prior to award of APL
(Purcell031517m)
(Posted: March 17th 2017)
Criminal:
Appeal
(Garcia031717bt)
(Posted: March 17th 2017)
Civil:
Non-jury trial; property damage claims due to trespassing guinea hens; counter-claim for water drainage damage
(Scott030917)
(Posted: March 15th 2017)
Criminal:
Post-sentence motion; scratching prison guard; sufficiency and weight of evidence; proof of bodily injury; excessive sentence; affect on class of persons intended to be protected by statute; lack of remorse
(Poole031317a)
(Posted: March 13th 2017)
Sacor Financial, Inc.Successor in interest to Wells Fargo Bank vs. Miller
3.13.2017
Dudley N. Anderson
Civil:
Non-jury trial; collection of loan debt; statute of limitations; choice of law; acknowledgement doctrine; clear, distinct and unequivocal acknowledgement of the debt
(Sacor031317a)
(Posted: March 13th 2017)
Civil:
Motion for judgment on the pleadings; contract claim; oral agreement to pay son's rent; statute of frauds; “leading object" or "main purpose" rule, pecuniary or business purpose or benefit
(chituc030217g)
(Posted: March 6th 2017)
McMullin vs. Genesis Healthcare, Inc; 1201 Rural Avenue Operations LLC; Genesis Healthcare, LLC
2.28.2017
Richard A. Gray
Civil:
Preliminary objections; validity and enforceability of an arbitration agreement; authority of husband to act as agent; unconscionability; specificity of complaint; sufficiency of allegations to support punitive damage claim; negligence per se for violation of Neglect of a Care-Dependent Person Statute; scandalous and impertinent allegations
(McMullen022817g)
(Posted: March 6th 2017)
Criminal:
Motion to admit certain statements pursuant to Tender Years Act; hearsay statements made to mother and forensic interviewer; indicia of reliability; motive to fabricate
(pittenger030617L)
(Posted: March 6th 2017)
Criminal:
Petition for expungement of summary charges; factors to consider; recidivist offense; right to be free from harm attendant to the maintenance of a traffic_x000d_
summary record; otherwise clean record; impact on employment
(CMG070512L)
(Posted: March 5th 2017)
Divorce:
Motion to enforce settlement and exclusive possession; contract law; agreement for division of property drafted prior to filing of divorce, that was intended to be binding and was partially implemented; waiver of rights to alimony and support, issues that were not addressed in pre-divorce agreement
(jp040915m)
(Posted: March 5th 2017)
Custody:
Preliminary objections; jurisdiction; child never present in Lycoming County
(jp032116m)
(Posted: March 5th 2017)
Wills and Estates:
Objections to first and final accounting; reasonableness of attorney fees and executor's commission; prima facie fairness of 3% executor fee; ethics of early distribution to executor, reducing interest to the estate, where amount of interest is negligible; compliance of executor with the new Orphan's Court rules
(Dewalt030217bt)
(Posted: March 2nd 2017)
Criminal:
Post-conviction relief act petition; jurisdiction of the court; timeliness
(Koch022817bt)
(Posted: March 1st 2017)
Adoption:
Appeal; timeliness; simultaneous filing of rule 1925 statement in Children's Fast Track appeals
(AdoptionofJHandSM022717m)
(Posted: February 28th 2017)
Criminal:
Appeal; service of order; timing of appeal
(Mitchell022417bt)
(Posted: February 25th 2017)
Wills and Estates:
Appeal from register of wills' grant of letters of administration; abuse of discretion standard of review; cause shown to grant letters to one intestate heir over another who has threatened to destroy the property to which he would be a fiduciary of if granted letters
(Lapp022117bt)
(Posted: February 21st 2017)
Criminal:
Defense motion to admit evidence of victim's past sexual behavior; inappropriate use of a computer as evidence of past sexual behavior; motion in limine to preclude Commonwealth expert testimony concerning victim responses to sexual assaults; statutory authority for expert testimony; duty to provide exculpatory evidence extending to Commonwealth duty to find such evidence; privilege for confidential communications to psychiatrists or psychologists
(Parker020817bt)
(Posted: February 17th 2017)
Criminal:
Appeal before sentencing; premature appeal; failure to file a concise statement pursuant to Pa. R.A.P. 1925
(Nottingham021517g)
(Posted: February 17th 2017)
Criminal:
Suppression motion; confession of 16 year old juvenile after questioning of principal in his office with police officer present; no Miranda warning given; consideration of attending facts and circumstances
(InreSJ021317g)
(Posted: February 17th 2017)
Criminal:
Commonwealth motion to apply non contraband or derivative contraband funds to costs and fines; motion granted without hearing; jurisdiction to reconsider due to expiration of 30 days; inherent authority of court to correct patent and obvious errors; denial of due process of law; court authority to revise defendant's installment payment schedule; consideration of defendant's financial means
(Grady021317L)
(Posted: February 13th 2017)
Criminal:
Post-sentence motion; non-jury trial; sufficiency of evidence of altered firearm charge; obvious attempt to alter a serial number by abrasion; consecutive sentences for possession of a firearm with altered manufacturer's number and firearms not to be carried without a license
(wylie020817a)
(Posted: February 10th 2017)
Criminal:
Post sentence motions; failure of Commonwealth to produce discovery; no discovery violation where no request made; prejudice to the degree that it affected trial strategy or likely affected outcome of proceedings; claimed inflammatory photographs that were the essence of the case; after-discovered evidence relating to the involvement of Commonwealth's investigator in "Porngate" scandal
(Rudinski020917bt)
(Posted: February 9th 2017)
Adoption:
Petition for involuntary termination of parental rights of father; parent evidencing settled purpose of relinquishing parental claim to a child or refusing or failing to perform parental duties; father in arrears on child support obligation; failure to appear at hearing; bond existing between child and parent; adoption by mothers paramour
(AdoptionofMMS020717m)
(Posted: February 8th 2017)
Adoption:
Petition for involuntary termination of parental rights of biological and legal fathers; 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.
(AdoptionofMD020617m)
(Posted: February 7th 2017)
Criminal:
Appeal of murder conviction; compliance with procedure to obtain out-of-state records by subpoena; HIPAA applicability in criminal case; law enforcement exception; evidence of flight and conduct during apprehension relevant to the charge flight to avoid apprehension, trial or punishment and to show consciousness of guilt; appropriateness of suppression for HIPAA violation; exclusion of defense expert testimony not sufficiently definite and not meeting expert testimony standard; expert discussion of conceivability or possibility; admissibility of remote evidence of the victim's prior convictions for aggression; awareness of defendant of victim's previous aggressive behavior; evidence of alcohol or drug consumption by victim without testimony that the amount in the victim's system caused intoxication; court's discretion in admitting evidence claimed to be prejudicial; admissibility of prison recordings that were relevant and showed consciousness of guilt; hearsay testimony; admissibility of rebuttal exhibits; proposed non-specific testimony in sur rebuttal that it is not uncommon for witnesses to be uncooperative; applicability of heat of passion voluntary manslaughter jury instruction in self-defense case; weight of the evidence of first decree murder; insufficient evidence to prove specific intent to kill or malice; inference from the use of a deadly weapon on a vital organ; Commonwealth disproving self-defense beyond a reasonable doubt; use of deadly force where weapon illegally possessed; duty to retreat; verdict based on speculation
(Williams020617L)
(Posted: February 6th 2017)
Administrative Appeal:
Preliminary objections to amended affidavit of defense and counterclaim; municipal lien claim for overdue sewer rental payments; due process protections to require payment of bills incurred by previous owner; property purchased at tax sale; failure to make inquiry of utility providers; equal protection argument where happenstance creates two classes of payers and not the municipality
(westbranchregionalauthority020617a)
(Posted: February 6th 2017)
Civil:
Landlord tenant proceeding; request for order of possession; request for enforcement of alleged agreement of sale of property; Statute of Frauds; unsigned agreement of sale; evidence of an authentication; part performance
(supple020317a)
(Posted: February 3rd 2017)
Criminal:
Petition for writ of habeas corpus ad subjiciendum; court's jurisdiction over any challenges to parole revocation/recalculation; decisions; exhaustion of remedies; statutory power of board to extend maximum sentence date based upon recommitment for parole violation
(Deeks02022017L)
(Posted: February 2nd 2017)
Criminal:
Post conviction relief act petition; ineffective counsel as to guilty plea advice; different Judge accepting plea and sentence knowing, voluntary and intelligent plea; waiver of guilty plea coercion claim
(Brown013117bt)
(Posted: February 2nd 2017)
Support:
Exceptions to child support; assessment of full-time job capacity; need to support claim of medical condition affecting ability to work with medical evidence; need to show a change of circumstances for petition to reopen support
(sls013117a)
(Posted: February 1st 2017)
Twigg vs Susquehanna Supply Company and Susquehanna Supply & Construction Company
1.27.2017
Richard A. Gray
Civil:
Appeal; employment contract claim; statute of limitations issue; date of breach; continuing contract for employment
(twigg012717g)
(Posted: February 1st 2017)
Civil:
Preliminary objections; sexual harassment and retaliation claim; failure to name individual defendant in EEOC claim; individual named in the body of the charge, notice of charge; individual liability of supervisor for termination by company; unemployment compensation decision as res judicata
(Phillips020117a)
(Posted: February 1st 2017)
Criminal:
Post-sentence motion; admissibility of defendant's statement of willingness to plead guilty to uncle as evidence of consciousness of guilt; waiver of objections; sentencing discretion; concurrent or consecutive sentences; excessive sentence; sentencing factors; boilerplate claim of insufficiency of the evidence
(Spencer013017L)
(Posted: January 31st 2017)
Criminal:
Petition for writ of habeas corpus ad subjiciendum treated as post conviction relief act petition; timeliness
(Fudge013017a)
(Posted: January 31st 2017)
Criminal:
Petition for ROR bail; rule 600; excludable time due to delays caused by defendant and his counsel
(Ceasear013017L)
(Posted: January 31st 2017)
Criminal:
Appeal
(Burden013017L)
(Posted: January 31st 2017)
Criminal:
Jury view motion; compelling reasons for jury to view the scene of the crime
(paulhamus013117L)
(Posted: January 31st 2017)
Criminal:
Commonwealth's motion to strike jury panel due to gender discrimination; specific reasons secondary to the gender-based reasons
(Hines012717L)
(Posted: January 28th 2017)
Criminal:
Post-sentence motion; weight of the evidence; burden of disproving self-defense; objective test on evaluating an actor's belief that he was in imminent danger of serious bodily harm; verdict shocking to the judicial conscience; sufficiency of the evidence
(Larochelle012717L)
(Posted: January 28th 2017)
Criminal:
Amended motion to admit evidence; sexual abuse of child; admission of out of court statements made by three year old victim; Tender Years Statute; evidence to show that it was less probable that Defendant committed abuse because there is evidence that victim's mother also abused her; reliability of hearsay statements
(Brown012717bt)
(Posted: January 28th 2017)
Civil:
Summary judgment motion; insurance cancellation notice issue; rebuttable presumption raised by the “mailbox rule”; superseding event; policy expiration before liability loss arose, due to failure to pay premium; claim barred by contributory negligence; need to respond to summary judgment motion to raise fact issues; duty to procure the replacement coverage
(Chestnut012717a)
(Posted: January 26th 2017)
Criminal:
Motion to reconsider habeas corpus petition for failure to report or refer; an employee of a health care facility as mandated reporter
(Poust012617bt)
(Posted: January 26th 2017)
Criminal:
Habeas corpus petition; escape charges relating to electronic monitoring; illegal sentence; “official detention” definition; proper remedy from an illegal sentence; charges precluded by rule 110; offenses occurring on the same day, that are not logically related and that do not involve a substantial duplication of factual or legal issues
(Weaver012717L)
(Posted: January 26th 2017)
Criminal:
Post sentence motion; weight of the evidence of harassment; credibility of self-defense argument
(wolf012417a)
(Posted: January 25th 2017)
Administrative Appeal:
License suspension appeal; refusal to submit to blood test; constitutionality of license suspension in light of Birchfield v. North Dakota; collateral civil consequences; waiver of arguments; due process violation
(Marchese012417m)
(Posted: January 25th 2017)
Family:
Petition change child's surname to include both parents' names; divorced parents; best interests of the child
(casale012317br)
(Posted: January 24th 2017)
Criminal:
Motion to consolidate; joint participation in robbery; prejudice; conflicting versions of two defendants of what took place or their involvement
(Ponds012417L)
(Posted: January 24th 2017)
Reighard and Moore vs. Lycoming County Tax Claim Bureau and Saratoga Partners LP
1.19.2017
Richard A. Gray
Administrative Appeal:
Exceptions/objections to a tax claim bureau's consolidated return and petition to upset tax sale; compliance with notice requirements; claim of no knowledge of sale
(reighard011917g)
(Posted: January 23rd 2017)
Eck vs. Williamsport, Williamsport Bureau of Police, Deprenda and Westbrooks
1.12.2017
Specially Presiding
Civil:
Motion in limine; Williamsport's reliance on $500,000 statutory cap for damages; attributing amount paid by insurance company to settle civil rights action, to negligence claim subject to cap; evidence in settlement that insurance covered only negligence and not civil rights violations; liability for separate property damage claim
(eck011217w)
(Posted: January 23rd 2017)
Criminal:
Commonwealth appeal; new trial in light of Birchfield v. North Dakota; failure to preserve issue for appeal; prejudice at trial on jury's determination of impairment count by evidence of blood alcohol results; waiver of preservation issue by acknowledgement by Commonwealth on the record that defendant couldn't be sentenced on BAC result dependent count; opportunity to raise suppression issue before trial; retroactive effect of decision where issue not preserved; interest of justice
(hays011917g)
(Posted: January 23rd 2017)
Criminal:
Motion in limine to exclude evidence of prion bad acts, official oppression case against prison guard; evidence to show defendant acted in conformity with his character; common scheme evidence; res gestae exception; probative value of evidence outweighing its potential prejudicial impact
(porter011717bt)
(Posted: January 17th 2017)
Divorce:
Appeal; denial of alimony pendente lite; waiver for failure to serve rule 1925 statement
(Larka103006bt)
(Posted: January 15th 2017)
Criminal:
Post conviction relief act petition; eligibility for recidivism risk reduction incentive with a prior robbery conviction; applicability of evidence rules that limit use of old convictions to impeach credibility at trial, to RRRI eligibility
(Perry091113L)
(Posted: January 15th 2017)
Criminal:
Suppression motion, nunc pro tunc; interests of justice allowing late filing of motion; delay caused by indecisiveness and delay by defendant
(pinkerton011117L)
(Posted: January 11th 2017)
Wills and Estates:
Petition for grant of letters of administration; claim of common law marriage; intestate death; proof of exchange of verba in praesenti; heavy burden; reputation of marriage
(Smith011017bt)
(Posted: January 10th 2017)
Adoption:
Petition for involuntary termination of parental rights; parent evidencing settled purpose of relinquishing parental claim to a child or refusing or failing to perform parental duties; parent in arrears in child support; failure to appear at hearing; bond existing between child and parent; adoption by mother's paramour.
(AdoptionofBP010617m)
(Posted: January 9th 2017)
Adoption:
Appeal
(AdoptionofHGandJG122916m)
(Posted: January 3rd 2017)
Criminal:
Motion for post-conviction collateral relief; ineffective counsel for failure to raise issues on appeal; trial attorney stipulation on authenticity of lab report identifying heroin, an issue not relating to defense pursued at trial; issues previously found to have no merit
(Faison123016a)
(Posted: December 30th 2016)
Confer vs. Fairfield Auto Dealership, Inc. and Toyota Motor Sales, USA, Inc. vs. Pennsylvania National Mutual Casualty Insurance
12.27.2016
Dudley N. Anderson
Civil:
Preliminary objections of additional defendant insurance company; breach of insurance policy, bad faith and negligence claims; right to join additional defendants; allegations relating to different harms to be proven with different evidence as to different transactions and occurrences happening at different times
(Confer122716a)
(Posted: December 27th 2016)
Criminal:
Post conviction relief act petition; first petition related to probation revocation; timeliness; re-setting time limits for filing with respect to defendant's underlying conviction or original sentence; motion to modify or reconsider sentence as tolling the time period
(Frankhouser122316L)
(Posted: December 23rd 2016)
Criminal:
Post conviction relief act petition; open plea of guilty not enforceable for particular sentence; ineffective counsel; crimes not defendant's included in prior record score; statutory cap of prior record score; prejudice; previously litigated issues; eligibility for recidivism risk reduction incentive with prior robbery conviction
(Taylor122316L)
(Posted: December 23rd 2016)
Criminal:
Commonwealth's motion in limine to introduce evidence of other crimes, wrongs, or acts; evidence of other burglaries admissible under common scheme exception; similarities relating to insignificant details that would likely be common elements regardless of who committed crimes; limited probative value; prejudice; evidence of admission of heroin use
(vinson122316L)
(Posted: December 23rd 2016)
Civil:
Appeal; statute of limitations; waiver of issues not raised at trial; unjust enrichment claim
(Reese122316g)
(Posted: December 23rd 2016)
Criminal:
Habeas corpus petition; establishing a prima facie case through hearsay evidence alone; suppression motion; probable cause to support issuance of search warrant of home for suspected drug dealing
(Handy122216bt)
(Posted: December 22nd 2016)
Criminal:
Post-conviction relief act petition; ineffectiveness of counsel for failure to request nunc pro tunc reinstatement to file interlocutory appeal; merit of underlying issue; claim that prosecution was barred prior prosecution; duplication of legal issues due to similarity of charges, where legal issues clearly relate to different factual scenarios; bald assertions of a Brady violation; prejudice
(Barto122116L)
(Posted: December 21st 2016)
Lycoming Law Association
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Suite 803
Williamsport, PA 17701
