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:
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)
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)
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