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.
search. Search opinion text using Google's search engine:
Key Word Search. Enter key words or information about an opinion, using the form below:
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; failure to appear at hearing; using every resource available to overcome obstacles that child's custodian put in place; parent's vow to cooperate, after long period of uncooperativeness; bond existing between child and parent
(AdoptionJHandSM122016m)
(Posted: December 20th 2016)
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; failure to appear at hearing; bond existing between child and parent
(AdoptionofNW121916m)
(Posted: December 19th 2016)
Administrative Appeal:
Petition to review an extension of an involuntary mental health commitment; finding of severe mental disability; least restrictive treatment setting
(EZ121916g)
(Posted: December 19th 2016)
Criminal:
post conviction relief act petition; ineffective assistance of counsel; waiver of pretrial motions by guilty plea; probable cause for search; trial counsel meeting the objective standard of reasonableness; release on nominal bail; totality of the circumstance under which Defendant pled guilty
(Mullen121616bt)
(Posted: December 16th 2016)
Civil:
Preliminary injunction motion; use of right of way; unreasonable interference; showing of immediate and irreparable harm
(knorr121616g)
(Posted: December 16th 2016)
Criminal:
Appeal; unduly harsh and excessive sentence; discretion of sentencing court; volume discount for his crimes; crimes with significant impact on victims; lack of genuine remorse; significant juvenile criminal history
(Weaver121516L)
(Posted: December 15th 2016)
Criminal:
Appeal; sufficiency of evidence of sex-offender failing to register new address
(Winters121516L)
(Posted: December 15th 2016)
Criminal:
Habeas corpus petition; prima facie case of receiving stolen property; constructive possession; sufficiency of evidence connecting stolen gun to defendant
(Richardson121416L)
(Posted: December 14th 2016)
Criminal:
Habeas corpus petition; prima facia case of sexual abuse of children where evidence shows that child pornography was downloaded to defendant's computer using a file sharing program; suppression motion; overbreadth of search warrant that sought from computers evidence relating to possession or distribution of child pornography; probable cause to locate offending computer based on IP address
(Bogden121416bt)
(Posted: December 14th 2016)
Civil:
Motion for post trial relief; non-jury decision; findings supported by competent evidence; encroachment on land as a windfall to plaintiff; equities of the whole case; de minimis rule; implied easement from prior use
(koch121316g)
(Posted: December 13th 2016)
Criminal:
Post conviction relief act petition; failure to appeal as per se ineffectiveness of counsel
(Hopson121216bt)
(Posted: December 12th 2016)
Criminal:
Post sentence motions; claimed unduly harsh and manifestly excessive sentence; seriousness of crimes committed against elderly women; criminal history; volume discount for crimes due to defendant's age
(McDowell121216L)
(Posted: December 12th 2016)
Criminal:
Appeal; conviction in absentia; defendant's presence deemed waived when he is given notice of trial and fails to appear; notice of trial date given in open court; forfeiture of right to file post-sentence motions; sentencing discretion; manifestly excessive or unreasonable sentence; protection of the community; sentence within statutory maximum
(Burrell121216L)
(Posted: December 12th 2016)
Criminal:
(O'Day120916bt)
(Posted: December 9th 2016)
Civil:
Application for relief from disability not to possess firearms and for expungement of civil commitment record; applicant not a danger to himself or others; statutory standards for expungement; clear and convincing evidence standard of proof; sufficiency of evidence upon which the involuntary commitment was based
(welshans120916a)
(Posted: December 9th 2016)
Administrative Appeal:
Appeal of conditional use application approval noise conditions; manifest abuse of discretion or an error of law; permitted uses; issues raised on appeal; findings supported by substantial evidence; difficulties with enforcement
(farmonbeeberdrive120916a)
(Posted: December 9th 2016)
Criminal:
Suppression motion; child pornography; search of a wireless phone, pursuant to a warrant; scope of warrant; probable cause to search phone, which might not have been present at defendant's home, based on information locating an IP address at the home address; possibility of network being "tapped into"
(Green12081bt)
(Posted: December 8th 2016)
Civil:
Motion to determine the necessity to file a certificate of merit; psychological malpractice claim against court appointed doctor; judicial notice; immunity for communications made in the regular course of judicial_x000d_
proceedings that are material to relief sought; privilege; judicial power to adjudicate plaintiffs' claim; standing; lack of doctor/patient relationship; privity of contract; duty; collateral attack attempting to circumvent lack of direct appeal of family law order; paralysis of court's ability to best perform its work
(woodring120816minora)
(Posted: December 8th 2016)
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; failure to appear at hearing; lack of any contact with the child; bond existing between child and parent;
(AdoptionofKR120216M)
(Posted: December 6th 2016)
Parmer vs. Fairfield Ford, Toyota Motor North America, Inc,.Mather and Pennsylvania State Employees Credit Union
12.6.2016
Richard A. Gray
Civil:
Preliminary objections; claimed fraudulent representations about history and condition of used car; gist of the action doctrine; tort claims arising solely from contractual relationship between the parties; misrepresentations falling outside obligations of contract itself; scandalous and impertinent matter; deposition transcript in unrelated case; factual basis for allegation of intentional, reckless or wanton conduct; emotional damages arising from breach of contract; specificity of allegations of fraud; recovery in negligence actions for injuries which are solely economic; exception to economic loss doctrine; sufficiency of facts to support count for breach of warranty; holder in due course of installment contract for purchase of vehicle; recovery limited to amount paid; specificity of allegations or violation of professions and occupations act; holder of the consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller
(Parmer120616g)
(Posted: December 6th 2016)
Civil:
Motions related to attempted execution on foreign judgment; interpretation of Uniform Enforcement of_x000d_
Foreign Judgments Act; filing of transcript of judgment rather than authenticated copy of judgment; striking of improperly entered judgment
(Dorsey120216a)
(Posted: December 3rd 2016)
Civil:
Petition to set aside settlement; claimed mutual mistake of fact; settlement involving mistake as to the expected development of a present condition; bad public policy; previous order enforcing the settlement; delay in raising issue
(Figured120216g)
(Posted: December 2nd 2016)
Criminal:
Commonwealth's motion to admit certain statements made by minor child under the Tender Years Act; child testifying at trial; inability to cross-examine child about testimonial statements made during interview; Confrontation Clause issue; hearsay; exception to the hearsay rule for present sense impression or then existing physical condition; sufficiency of notice in motion; determining the reliability of a statement
(Ross120116L)
(Posted: December 1st 2016)
Criminal:
Application for order of a bill of particulars; notice to the accused of the offenses charged; adequacy of information provided to defendant; failure to explain how additional information would aid in defense
(Frederick113016bt)
(Posted: November 30th 2016)
Criminal:
Motion to amend restitution order; theft of Unemployment Compensation benefits; failure to make bankruptcy claim for full amount of overpayment; affordable monthly payments of restitution
(White112916L)
(Posted: November 29th 2016)
Criminal:
Murder case pretrial motions; motion to suppress evidence of defendant being in possession of another gun; prejudice; motion in limine to preclude portions of defendant's expert report; required degree of certainty; speculative opinion; motion for Brady Colloquy; motion to suppress recordings of prison visitations; possible Wiretap Act violations; oral communications not protected by the Act; consensual interception of communications; expectation of privacy in prison; motion to preclude letters and visitation recordings from evidence; evidence of prior bad acts; waiver of attorney client privilege by sharing contents of conversations with third party; relevance objections
(Perez112916bt)
(Posted: November 29th 2016)
Criminal:
Action required by court where appeal is filed by someone with no standing or legal capacity to file such an_x000d_
on behalf Defendant
(Poole112816bt)
(Posted: November 28th 2016)
Criminal:
Habeas corpus motion; prima facie case; concealment of firearm on person outside home or place of abode; residence of defendant; warrantless entry; standing; reasonable suspicion to conduct pat-down search
(Watkins112316L)
(Posted: November 23rd 2016)
Criminal:
Juvenile adjudication; sufficiency of evidence of theft by unlawful taking and receiving stolen property; juvenile as passenger in vehicle he knew to be stolen; question of possession or exercise of control over vehicle; juvenile not present when vehicle was stolen; conviction of offenses for which juvenile was not charged
(InReEC112316m)
(Posted: November 23rd 2016)
Criminal:
Habeas corpus petition; prima facie evidence of possession of drugs and paraphernalia, and DUI; constructive possession; proximity to contraband, supported by other circumstantial evidence; odor of burnt marijuana emanating from vehicle; suppression motion; probable cause to stop vehicle for Vehicle Code violation; probable cause to arrest for failure to properly perform filed sobriety tests; motion in limine to preclude police officer testimony as expert that defendant was driving under the influence of marijuana; stipulated suppression of evidence of refusal to submit to blood test
(Marchese111816bt)
(Posted: November 18th 2016)
Criminal:
Habeas corpus petition; prima facia case of retaliation against a witness or victim; lack of evidence that person was a witness or victim or that she was harmed
(Short111516bt)
(Posted: November 15th 2016)
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parental claim for 6 months; failure to perform parental duties; complete lack of contact with child; failure to appear at termination hearing; lack of parental bond
(AdoptionofJN111416m)
(Posted: November 14th 2016)
Criminal:
Amended post-conviction relief act petition; claims that do not go to the truth determining process; claims cognizable under the act
(Weller111016bt)
(Posted: November 10th 2016)
Criminal:
Post-conviction relief act petition; timeliness; waiver of issues previously litigated or waived; requirements for eligibility for post-conviction relief; ineffective assistance of counsel; lack of prejudice
(bodle1110316g)
(Posted: November 10th 2016)
Criminal:
Motion in limine to preclude Trooper as expert witness; weight and credibility of the testimony
(Coleman111016g)
(Posted: November 10th 2016)
Civil:
Non-jury verdict; security measures imposed on holders of right of way during Little League World Series; ownership by adverse possession; adverse, open, continuous, notorious and uninterrupted use; clear and convincing evidence; unreasonable interfere with use of an easement by landowner
(littleleague111016g)
(Posted: November 10th 2016)
Administrative Appeal:
License suspension appeal; arrest for DUI; refusal to submit to chemical testing; constitutionality of implied consent law in light of Birchfield vs. North Dakota; authority to impose civil penalties
(Marchese111016m)
(Posted: November 10th 2016)
Civil:
Summary judgment motion; punitive damages; evidence of defendants' state of mind
(englert111016g)
(Posted: November 10th 2016)
Criminal:
Appeal; probation violation sentence; failure of court to account rehabilitative where defendant had already served a ten-year sentence; need for sexual offender treatment program offered in state prison; deterrent effect of threat of future incarceration
(Bortz110816L)
(Posted: November 9th 2016)
Criminal:
Post-sentence motion; forfeiture by wrongdoing exception to the hearsay rule; availability for trial; declaration of unavailable witness introduced against party who made witness unavailable; witness concerned for his safety and the safety of his family; witness considered unavailable if the witness testified to not remembering the subject matter; prosecutorial misconduct claim relating to ex parte judge shopping; admission by district attorney of request for reassignment of senior judge; prejudice; sufficiency of the evidence; waiver of arguments; admissibility of lay opinion; accomplice liability charge; admission of photographs that were posted on Instagram; authenticity of documents; disparity in sentences between defendant and his co-defendants who were not similarly situated
(Martin110816L)
(Posted: November 9th 2016)
Criminal:
Post conviction relief act petition; fully satisfied sentence; timeliness of petition; due diligence; jurisdiction of the court
(Probst110816bt)
(Posted: November 9th 2016)
Criminal:
Appeal
(Hoskins110716bt)
(Posted: November 7th 2016)
Criminal:
Habeas corpus petition; prima facie case of conspiracy with respect to drug offences
(brown110416L)
(Posted: November 4th 2016)
Criminal:
Motion for new trial; impact of Birchfield vs. North Dakota; failure to preserve; diminished record argument; strength of case without BAC results; prejudice to defendant
(Hays101416g)
(Posted: November 2nd 2016)
Criminal:
Motion in limine to preclude or limit admissibility of photographs of the victim and the crime scene; discretion of the court; inflammatory nature of photographs; evidentiary value outweighs likelihood of prejudice or misleading jury; cumulative photographs
(Coleman102616g)
(Posted: November 2nd 2016)
Criminal:
Motion to withdraw guilty plea; fair and just reason; claimed waiver of Birchfield v. North Dakota issue; changed dynamic of the case after guilty plea but before sentencing
(Saar110216L)
(Posted: November 2nd 2016)
Criminal:
Summary appeal; citation for allowing occupancy of a condemned and placarded structure; validity of city ordinance; specific adoption of 2015 ICC International Property Maintenance Code; relevance of copyright law and ICC list of jurisdictions to question of whether the city properly complied with Pennsylvania law; validity of order quashing subpoenas of the mayor and chief codes officer where those individuals were not involved with passage of the original ordinance; compliance with procedural rules governing issuance of subpoenas; sufficient opportunity to defend case; sufficiency and weight of evidence
(DeRaffele110116L)
(Posted: November 1st 2016)
Criminal:
Post-conviction relief act petition; timeliness; jurisdiction of the court; retroactive application of Alleyne decision
(Rhines103116bt)
(Posted: October 31st 2016)
Criminal:
Suppression motion; reasonable suspicion to stop vehicle;' stop based on information received in police dispatch; probable cause to arrest for DUI; suppression of blood alcohol test under Birchfield vs. North Dakota rule
(Swarthout102516bt)
(Posted: October 25th 2016)
Criminal:
Post conviction relief act petition; ineffective counsel; failing to call character witnesses; counsel's questioning that opened door to admission of unfavorable admissions by defendant; need for evidentiary hearing to hear testimony of counsel; evidence on issues that lack arguable merit; choosing issues to be raised on appeal
(Kemp102416L)
(Posted: October 24th 2016)
Criminal:
Appeal
(Stone102416bt)
(Posted: October 24th 2016)
Civil:
Motion for peremptory writ in mandamus action seeking reinstatement to teaching position; required school board action to terminate teacher; election of arbitration remedy by teacher; arbitration of grievance delayed by appeal; exhaustion of administrative remedies; availability of mandamus action to professional employees seeking relief for a violation of the School Code
(Girardi102116a)
(Posted: October 21st 2016)
Criminal:
Suppression motion; search of home; reasonable expectation of privacy; third party residence subject to higher a quantum of suspicion; form over substance; verbal but not written permission for parolee to reside in apartment; reasonable suspicion to do a walk through of home given the odor of marijuana and defendant's admission that he would test positive for marijuana
(Akins102116bt)
(Posted: October 21st 2016)
Adoption:
Involuntary termination of paternal rights; parent evidencing settled purpose of relinquishing parental claim to child or refusing or failing to perform parental duties; definition of parental duties; repeated incapacity and/or refusal to act resulting in the children being without essential parental care, control or subsistence necessary for their physical or mental well-being; sporadic visits and drug abuse; child removed from parental care and conditions leading to removal continuing to exist; needs and welfare of the child; failure of parents to obtain housing; bond between parents and children; premature petition where the children have no available permanent placement and a parental bond still exists
(AdoptionofHGandJG102016m)
(Posted: October 20th 2016)
Criminal:
Habeas corpus petition; escape charge; inmate of pre-release center running from correctional officers at worksite; amendment of information to increase grade of offense; prejudice; no new facts; changed defense strategy
(Guthrie102016bt)
(Posted: October 20th 2016)
Administrative Appeal:
Land use appeal; timeliness of appeal notice; weekend deadline; additional issues raised in amended appeal notice
(farmonbeeberdrive102016a)
(Posted: October 20th 2016)
Criminal:
Motion to dismiss on speedy trial grounds; prejudice; defendant's failure to object to trial continuance requests; general discomfort of having an outstanding criminal matter
(Hopkins101916bt)
(Posted: October 19th 2016)
Pennlyco, Ltd. vs. Southwestern Energy Production Company; Pennlyco, Ltd. vs. International Development Corporation
10.18.2016
Dudley N. Anderson
Civil:
Petition for reinstatement of appellate rights; claimed breakdown in the court's operations; reliance on dissent to order quashing appeal
(pennlyco101816a)
(Posted: October 18th 2016)
Civil:
Non-jury verdict; breach of contract claim; nursing home admission; liability of patient for care where Medicaid denies coverage; mitigation of damages; course of dealing; failure to use reasonable care to obtain alternate sources of funding or to timely inform patient of non-payment; proof of damages
(Presbyterian101416g)
(Posted: October 14th 2016)
Civil:
Non-jury verdict; parent breach of contract suit on payment made due to co-signing student loan; statute of limitations; continuing contract; fraudulent concealment; acknowledgement or reaffirmation of debt; unjust enrichment claim where matter governed by express oral contract
(Reese101416g)
(Posted: October 14th 2016)
Criminal:
Appeal; denial of motion to withdraw guilty plea; expectation of receiving a county sentence; disappointment in sentence constituting manifest injustice
(Gehr101316L)
(Posted: October 13th 2016)
Criminal:
Appeal; waiver of objection to defense argument.
(Banks101216L)
(Posted: October 12th 2016)
Criminal:
Appeal.
(Showers101216L)
(Posted: October 12th 2016)
Criminal:
Appeal.
(Wilson101216L)
(Posted: October 12th 2016)
Civil:
Non-jury verdict; remedy for encroachment; encroachment de minimis in light of circumstances and equities; implied easement from prior use; irreparable harm by removal of encroachment
(koch101116g)
(Posted: October 11th 2016)
Criminal:
Post sentence motion; first degree murder conviction; evidence of the victim's prior convictions for aggression where a claim of self-defense is at issue; remoteness of prior conviction; defendant's awareness of prior conviction; evidence of drugs in victim's system where there was no testimony that drugs caused him to be intoxicated or to act in a certain way; defense opening the door to testimony of defendant being kicked out of a bar where the evidence became relevant and admissible to rebut arguments and inferences of defense counsel; admissibility of intercepted phone calls/visits for impeachment; testimony claimed to be hearsay; rebuttal evidence of victim's shorts; need for heat of passion voluntary manslaughter jury instruction where case was purely self-defense; weight and sufficiency of evidence of specific intent to kill; evidence of malice; illegal possession of firearm negating right to stand ground and use deadly force; duty to retreat; sufficiency of evidence to disprove the self-defense claim
(Williams101016L)
(Posted: October 10th 2016)
Criminal:
Post conviction relief act petition; claimed ineffective assistance of counsel; failing to explore opportunities for a plea agreement; legal obligation of Commonwealth to plea bargain; no claim of willingness to plead guilty; prosecutor's comparison of robbery of the Rite-Aid of $149 to Dillinger bank robberies as oratorical flair; prejudice in light of the overwhelming evidence against defendant; claim not of arguable merit; failure to use video evidence that was not exculpatory, in light of strong evidence of guilt
(Burden101016L)
(Posted: October 10th 2016)
Criminal:
Appeal; resentencing and recusal motion; claimed personal bias and ill-will of judge in light of "special place in hell" comment; sentencing discretion; sentencing within the guidelines; sufficiency of the evidence of possession with intent to deliver a controlled substance; circumstantial evidence; need for cellular records to prove criminal use of a communication facility in light of witness testimony that the phone was used to arrange drug transaction
(Williams101016bt)
(Posted: October 10th 2016)
Criminal:
Appeal; sufficiency of evidence of aggravated assault and robbery; issues not raised at trial; waiver; claimed prosecutorial misconduct for representations of plea negotiations with witness before trial; prejudice
(Kinney100316L)
(Posted: October 5th 2016)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court; retroactive application of Alleyne decision
(Mitchell100316bt)
(Posted: October 3rd 2016)
Criminal:
Commonwealth's motion for reconsideration of suppression order; custodial interrogation
(Stone093016bt)
(Posted: October 1st 2016)
Criminal:
Post-conviction relief act petition; timeliness; jurisdiction of the court; retroactive application of Alleyne decision
(Dacenzo093016bt)
(Posted: October 1st 2016)
Criminal:
Suppression motion; DUI case; vehicle stop; reasonable suspicion or probable cause to believe that a traffic violation had occurred
(Easter092916L)
(Posted: September 29th 2016)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court; retroactive application of Alleyne case
(Monroe092916bt)
(Posted: September 29th 2016)
Criminal:
Post conviction relief act petition; timeliness; retroactive application of Supreme Court case applying a prior standing constitutional right to new factual scenario
(Cruz092916bt)
(Posted: September 29th 2016)
Civil:
Non-jury verdict; real estate purchase;; lack of enforceable contract; terms of agreement not met by buyer
(Wyland092916g)
(Posted: September 29th 2016)
Criminal:
Appeal; appropriateness of sentence; consideration of relevant factors; consideration of demeanor and lack of remorse; sufficiency of evidence constructive possession of a firearm by person not to possess
(carter092016g)
(Posted: September 26th 2016)
Renard vs Stea, Adams, Williamsport Regional Medical Center, The Williamsport Hospital and Susquehanna Regional Healthcare Alliance
9.26.2016
Dudley N. Anderson
Civil:
Motion for summary judgement; need for expert testimony in complex medical malpractice case; timeliness of production of expert report after expiration of deadline; significant, unexplained delay in expert report production; prejudice to defendants and waste of court's time; significance of case management deadlines
(Renard092616a)
(Posted: September 26th 2016)
Criminal:
Habeas corpus petition; endangering the welfare of child; failure of health care providers to report child abuse where abuser and victim are in providers' household; sufficiency of evidence
(tp092616bt)
(Posted: September 26th 2016)
Criminal:
Suppression motion; vehicle stop; right to ask occupants of vehicle to exit for the duration of the traffic stop; determination of when traffic stop has concluded; reasonable suspicion of criminal activity; nervous and fidgety vehicle occupants
(Reddick092116L)
(Posted: September 21st 2016)
Criminal:
Habeas corpus petition; establishing prima facie case entirely through hearsay where assault victim is uncooperative; opportunity to confront alleged victim at habeas corpus hearing; good faith certification that victim will be available at trial; bail or dismissal of charges when Commonwealth cannot certify that it will be able to connect defendant to the crime, at trial
(blackwell091516L)
(Posted: September 17th 2016)
Criminal:
Objection to the intention to dismiss post conviction relief act petition; prisoner mailbox rule; credit for time spent on intensive supervised bail
(Drummond091316bt)
(Posted: September 13th 2016)
Criminal:
Motion to suppress; institutional sexual assault by prison physician; failure of supervisor to give Miranda warning prior to obtaining statements; custodial interrogation or mandatory employment incident reporting process; statements after arrival of police officer; voluntariness of custodial consent to search vehicle
(Stone091316bt)
(Posted: September 13th 2016)
Criminal:
Post-sentence motion; non-jury trial; sufficiency of evidence of firearms not to be carried without license
(Eiland090916a)
(Posted: September 9th 2016)
Adoption:
Petition for involuntary termination of parental rights; grandparent adoption; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; parent posting messages on Facebook page rather than contacting the people who were entrusted to care for child; credibility; bonding analysis
(AdoptionofADP090916m)
(Posted: September 9th 2016)
Support:
Petition for modification of support obligation; missed shared custody time as affecting support obligation; earning capacity calculation; income included in calculation; including tax refund in income calculation; calculation based on 40 hour work week
(sck090716a)
(Posted: September 7th 2016)
Civil:
Appeal from arbitration; standard of review; presumption of common law arbitration; requirements to modify a common law arbitration award; claimed irregularity that renders an inequitable and unconscionable award where irregularity claimed to be the result itself and not relating to the process employed
(mirapoint080116g)
(Posted: September 6th 2016)
Linde Corporation vs. Black Bear Holdings, LLC, Black Bear Waters, LLC, Epp, Dinaso, Dibble & Phillips
9.1.2016
Richard A. Gray
Civil:
Motions for summary judgment; piercing the corporate veil; presumption; using control of corporation or corporate assets to further personal interests; relitigating amounts determined in judgment on mechanic's lien
(Linde090116g)
(Posted: September 6th 2016)
Criminal:
Post-sentence motion; sentencing discretion; defendant deprived of an individualized sentence; harsh and_x000d_
unreasonable sentence; challenge to sentence as challenge to entire sentencing plan; drug activities creating substantial hazard to community
(Coleman090216L)
(Posted: September 2nd 2016)
Civil:
Petition to open judgment; mortgage foreclosure; negotiations as legitimate excuse for failure to file answer; meritorious defense; standing to bring action; succession to ownership; subject matter jurisdiction; evaluation for HAMP eligibility; lack of legislative mandate to decrease the jurisdiction of court
(capitalone090116a)
(Posted: September 1st 2016)
Adoption:
Petition for involuntary termination of parental rights; settled purpose to relinquish parental claim to a child or_x000d_
failure to perform parental duties for at least six months; question of whether a bond exists between child_x000d_
and parent
(AdoptionofAC090116m)
(Posted: September 1st 2016)
Criminal:
Appeal; denial of request for new trial after hearing on post conviction relief act petition; ineffective assistance of counsel; failure to call character witnesses; awareness of counsel of possible witnesses at time of trial; ability of witness to provide reputation evidence rather than personal opinion; potential credibility of character witnesses due to lack of knowledge of defendant's unfavorable admissions; opening door to witnesses to testify about defendant's bad reputation; lack of prejudice; admissibility of reputation for truthfulness in child pornography case; strategic reasons for refusing to subpoena records that may have corroborated a witnesses testimony
(Bodle083116L)
(Posted: August 31st 2016)
Criminal:
Post-sentence motion; trial in absentia due to non-appearance of defendant; consideration of motions filed while defendant was a fugitive; burden of Commonwealth to prove that defendant's absence was without cause; proof that defendant received notice of trial date in open court; forfeiture of right to file post-sentence motions
(Burrell083116L)
(Posted: August 31st 2016)
Criminal:
Motion to dismiss under rule 600; computing delay caused by Commonwealth's lack of due diligence; delays related to discretionary discovery request
(Jennings083116L)
(Posted: August 31st 2016)
Criminal:
Timeliness of post-conviction relief act petition; extension of time due to re-sentencing; illegal sentence
(Andrews083016bt)
(Posted: August 30th 2016)
Criminal:
Post-conviction relief act petition; voluntariness of guilty plea; guilty plea colloquy; defendant understands nature of charges against him; ineffective counsel for failure to file suppression motion; waiver of pre-trial motions
(Young083016bt)
(Posted: August 30th 2016)
Criminal:
Post-conviction relief act petition; timeliness; newly discovered evidence exception claim pertaining to witness who previously testified
(Ford083016bt)
(Posted: August 30th 2016)
Criminal:
Suppression motion; timeliness; probable cause to stop and search; mere encounter; permissibility of search of pockets of someone who is being detained during an investigative detention
(Dymeck083016bt)
(Posted: August 30th 2016)
Support:
Appeal of support order; credibility of business financial documentation; use of earning capacity evidence; evidence of manipulation of business opportunities
(LRF082916A)
(Posted: August 29th 2016)
Criminal:
Post-conviction collateral relief motion; timeliness; newly discovered evidence exception to time requirement; victim recanting incriminating statements as newly discovered evidence where defendant admitted to crime
(MAB082916bt)
(Posted: August 27th 2016)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
