Dodson v UPMC
1.9.2023
Eric R. Linhardt
Civil:
Motions for summary judgment; standards applicable to medical malpractice claim; necessity of medical expert opinion to demonstrate elements of cause of action; difference between opinion sufficient to support a certificate of merit and that necessary to withstand summary judgment; sufficiency of evidence that any particular doctor or health care provider caused harm or how that harm arose.
(dodson010923Li)
(Posted: January 10th 2023)
Commonwealth vs. Butler
1.9.2023
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case of endangering welfare of children; knowledge of homeowner that children in his household were being mistreated; sufficiency of evidence of obstruction where investigators were misdirected about the whereabouts of missing children
(Butler1923b)
(Posted: January 10th 2023)
Commonwealth vs. Moore
1.6.2023
Nancy L. Butts
Criminal:
Motion to dismiss pursuant to rule 600; Commonwealth burden to prove that it acted with due diligence; calculation of excludable delay
(Moore010623bt)
(Posted: January 8th 2023)
AH & DH Adoptions
12.13.2022
Ryan M. Tira
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; parent showing, at most, a passive interest in children; no existing bond
(AdoptionAHandDH121322t)
(Posted: January 3rd 2023)
Commonwealth vs. Mincey
12.7.2022
Nancy L. Butts
Criminal:
Motion for reconsideration of denial of post conviction relief act petition; jurisdiction of the court; timeliness of attempt to assert the newly discovered evidence exception, where the evidence should have or was previously known; attempt to assert newly recognized constitutional right exception where case cited does not establish such a right and the case is not to be applied retroactively; previously litigated issues
(Mincy12722b)
(Posted: January 2nd 2023)
Benson Estate
12.30.2022
Eric R. Linhardt
Wills and Estates:
Non-jury trial; petition to return assets to estate; application of the Dead Man's Act; voidable transfers under the uniform act; sufficiency of evidence of decedent's acts to effectuate his intent to transfer assets, prior to death
(Benson123022Li)
(Posted: December 30th 2022)
Civil:
Motion to vacate stay of eviction and dismiss appeal; lack of service of the appeal notice; attempted service after filing of motion to dismiss appeal; good cause shown for reinstatement of appeal from MDJ decision
(Stonekey121222Li)
(Posted: December 29th 2022)
Civil:
Preliminary objections; mandamus action to compel issuance of sewage system permit; compliance with unappealed zoning hearing board decision; failure to exhaust statutory remedies; futility of appeal
(Morgenfruh122822Li)
(Posted: December 29th 2022)
Administrative Appeal:
Land use appeal; standard applicable to interpretation of zoning ordinance; Regulatory Flood Elevation requirements; defining "new construction" in context of addition to building; ambiguous language in ordinance; deference afforded to township interpretation of its ordinance; remedial measures
(Branton122822Li)
(Posted: December 29th 2022)
Civil:
Motion in limine to confirm crossclaim; objection to indemnification claim on the eve of trial; sufficiency of crossclaim to raise the defense of contractual rather than common law indemnification; waiver of objection to defense where contractual indemnity defense is not specifically raised; waiver of failure to state a claim defense; applicability of common law indemnification to party who has active negligence
(cosentine122822Li)
(Posted: December 29th 2022)
Civil:
Preliminary objections; demurrer to contract claim; alleged breach of COVID-19 testing procedures; arbitrary and uneven application of tournament rules, regulations and procedures
(needvile122822Li)
(Posted: December 29th 2022)
Civil:
Motion in limine to prevent expert from testifying; late production of report; prejudice; qualifications of expert established by MCARE Act; expert who is familiar with the specific standard of care at issue; admissibility of surgeon's opinion on who has responsibility to prevent fires in the operating theater; cumulative or corroborative evidence
(Evans12272022C)
(Posted: December 27th 2022)
Callaghan, Kriger, Giampapa, Travis, Probst, Barr vs. Williamsport Area School District, Baer, Penman, Derr, Dixon, Lake; Nibble, Poole, Reeves and Welteroth
12.22.2022
William P. Carlucci
Civil:
Preliminary objections; public nuisance of school playground; individual liability of school board director; interference with the standard of comfort of locality
(Callaghan122222C)
(Posted: December 25th 2022)
Civil:
Preliminary objections; striking new matter that incorporates expert reports rather than retyping contents of expert reports; disregarding any error or defect of procedure which does not affect the substantial rights of the parties
(Evans122122C)
(Posted: December 22nd 2022)
Stroble Estate
12.20.2022
Eric R. Linhardt
Wills and Estates:
Petition to establish paternity and for declaratory judgment; authority to compel genetic testing in estate claim; broad authority of court to resolve questions of paternity either at the request of a claimant or sua sponte; allowing a court to compel unwilling parents of a putative father to provide a sample of blood for genetic testing; invasion of privacy; effect of acknowledgment of paternity on effort by child to establish paternity of another person
(stroble122022Li)
(Posted: December 20th 2022)
Civil:
Preliminary objections; contract claim against non-party to agreement; interpretation of contract term allowing dismissal of employee who was involved in criminal activity in sole discretion of employer; good faith basis for determination; acquittal as raising factual issue of involvement in criminal activity
(rinker121922Li)
(Posted: December 19th 2022)
Civil:
Preliminary objections; availability of punitive damages in contract and Unfair Trade Practices and Consumer Protection Law claims; reckless, indifferent, willful, wanton, oppressive, or outrageous conduct; pleading notice of bed bug infestation; recoverability of attorney's fees; American rule; statutory authorization for award of fees
(skillman121922Li)
(Posted: December 19th 2022)
Commonwealth vs. Alford
12.15.2022
Nancy L. Butts
Criminal:
Post-conviction relief act petition; timeliness; jurisdiction; factual support for application of exceptions to time limits; voluntariness of decision not to testify at trial; court colloquy regarding waiver of right to testify
(Alford121522b)
(Posted: December 17th 2022)
Administrative Appeal:
Right-to-know law appeal; request for digital copy of the ClearVote Cast Vote Record file for every precinct; exception to public inspection for digital equivalent of contents of ballot boxes; standing of Lebanon County resident to inspect Lycoming County election records; intervention of Lycoming County electors and Pennsylvania Department of State; statutory interpretation; constitutional right to secrecy in voting; definition of voting machine; electronic voting system; determination of what constitutes "contents"; ambiguous statutory language; legislature's likely intent; narrow construction of law designed to promote access to official government information; deliberate legislative choice to not widen exception to public access; weight of opinion of agency charged with statute's execution and application; random record of ballot results; stay pending appeal
(honey121622Li)
(Posted: December 17th 2022)
Commonwealth vs. Travers
12.9.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction; failure to meet eligibility requirements for Recidivism Risk Reduction Incentive (RRRI)
(Travers120922bt)
(Posted: December 10th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction; conclusory allegation of awareness of invalidity and illegality of plea; eligibility for relief when no sentence is being served
(Nottingham12922bt2)
(Posted: December 10th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction; conclusory allegation that witness's testimony was
previously not known despite the exercise of due diligence; applicability of newly-recognized constitutional right exception; eligibility for relief when no sentence is being served
(Nottingham120922bt)
(Posted: December 10th 2022)
Commonwealth vs. Orner
12.6.2022
Nancy L. Butts
Criminal:
Motion to withdraw guilty plea; fair and just reason; assertion that minor victim of sexual offenses is unwilling to testify
(Orner120622b)
(Posted: December 6th 2022)
Civil:
Preliminary objections; claimed scandalous and impertinent averments; materiality of averments in the complaint to support the cause of action; claim for attorney fees; American rule; alleged willful and wanton conduct supporting imposition of attorney fees; sufficiency of allegations to support causes of action for interference with the use of easement and trespass upon property rights in the easement; mere inconvenience
(evelhari120622Li)
(Posted: December 6th 2022)
Civil:
Non-jury trial; declaratory judgment action related to the duties of the county controller; statutory construction; interpretation of County Code; employees necessary for county officer to perform required functions; controller acting as check on the commissioner's overseeing of the fiscal affairs of the county; consent of controller to remove employees; propriety of use of Declaratory Judgment Act
(rogers120122leete)
(Posted: December 6th 2022)
Commonwealth vs. Maggs
11.8.2022
Ryan M. Tira
Criminal:
Motion to permit testimony by contemporaneous alternative method and motion to admit out of court statements; evidence that the child may experience emotional distress if she is required to testify in front of her father, her alleged abuser; applicability of Tender Years Hearsay Act; time, content, and circumstances of out of court statement providing sufficient indicia of reliability; availability of child as a witness
(maggs110822t)
(Posted: December 5th 2022)
Sampson vs. Hartzell
11.16.2022
Eric R. Linhardt
Civil:
Motion to open judgment of non pros for failure to file certificate of merit in medical malpractice case; timeliness of motion; reasonable explanation or legitimate excuse for failure to comply with rule; impact of pro se status; failure to take any steps to comply with the rules
(sampson111622li)
(Posted: December 5th 2022)
Commonwealth vs. Bean
11.29.2022
Dudley N. Anderson
Criminal:
Post conviction relief act petition; jurisdiction; timeliness; insufficient facts to establish interference by government
officials or newly discovered facts; failure to identify government officials or how they interfered with petition; fishing expedition for records to support after discovered evidence claim
(bean112922a)
(Posted: December 5th 2022)
Civil:
Preliminary objections to credit card collection complaint; failure to plead written agreement that established interest rates; interest rate cap at legal rate of interest in Pennsylvania; validity of verification of recovery representative to statements made in the complaint
(Holt112322t)
(Posted: December 5th 2022)
Williams vs. Dunlap
12.1.2022
William P. Carlucci
Civil:
Preliminary objections; scandalous and impertinent matter; pleading plea of nolo contendere in criminal case for the same incident
(Williams120122C)
(Posted: December 4th 2022)
Civil:
Summary judgment motion; liability of company for failure to monitor employee's use of a company vehicle; company duty to the public to ensure its vehicles are not used in a reckless manner; fact issue of permissive use; vicarious liability for negligent entrustment of company vehicle; scope of employee's employment as a fact question for jury; knowledge of potential that someone would use a vehicle; reckless conduct as a matter of law; award of punitive damages as a matter of law
(shultz120222Li)
(Posted: December 4th 2022)
Civil:
Motions for summary judgment; contract claim where a material issue of fact remains regarding whether full payment by owner is a condition precedent for payment to subcontractor and where there is claim of defective performance; factual issues related to payment under Pa. Contractor and Subcontractor Payment Act and required notice; reliance on representations of intent to cure; factual issues concerning tort claims about defective plans and damages therefor; factual issues related to whether enrichment was unjust; contract interpretation; waiver of timeliness requirement by acceptance of late performance; effect of no oral modification language; entitlement to recoupment; use of expert reports to demonstrate factual issues for trial
(Reynolds112322C)
(Posted: November 28th 2022)
Civil:
Preliminary objections; punitive damages claims for corporate negligence constituting outrageous conduct in nursing home case; numerous issues of a similar nature occurring consistently over nearly two years of plaintiff's residence; alleged deliberate understaffing
(mertz112122Li)
(Posted: November 21st 2022)
Cuneo vs. UPMC
11.10.2022
Eric R. Linhardt
Civil:
Petition to open judgment of non pros and for reconsideration of order striking it; defect on the face of the record; necessity of a certificate of merit; required procedure where plaintiff does not believe a certificate of merit is required; attempt to avoid filing motion to determine necessity of a certificate of merit by using footnote on a certificate; loss of right to contest non pros by failing to timely motion to determine necessary certificate of merit; need for a certificate of merit for claims of physical and sexual assault in a hospital setting; breach of professional standards governing hospital employees; application of rules 126 and 3051 to certificate of merit procedures; reasonable explanation or legitimate excuse for failure to rectify deficient certificate of merit; preliminary objection; blending causes of action for vicarious liability and corporate negligence
(Cuneo11102022Li)
(Posted: November 13th 2022)
Civil:
Preliminary objections; demurrer to claim that defendant negligently designed and constructed premises where there are only allegations that defendant had a duty to inspect, maintain, repair, control, supervise and/or oversee the
premises and to warn of and correct any hazardous conditions; distinction between construction and maintenance
(Bryan110722Li)
(Posted: November 8th 2022)
Administrative Appeal:
Appeal of decision of the Office of Open Records to right-to-know request denial; motion to compel discovery; applicability of rules of civil procedure; requirements of due process; inherent authority of court to order a form of discovery; discretion as to appropriate scope of discovery; facilitating efficient resolution of issues
(stroehmann110222Li)
(Posted: November 3rd 2022)
Civil:
Motions for summary judgment; breach of contract claim; issues of material fact as to contract interpretation; causes of action and defenses pleaded in the alternative; viability of liquidated damages claim; sufficiency of expert reports to support negligent misrepresentation claim; contributory negligence, as a matter of law
(Lobar110322C)
(Posted: November 3rd 2022)
Civil:
Preliminary objection raising question of actual possession of the disputed property; determination of proper form of action as between action to quiet title or ejectment; characteristics of an owner's use of property
(Okkelberg102422L)
(Posted: October 24th 2022)
JRK Adoption
10.21.2022
Ryan M. Tira
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(AdoptionJRK102122t)
(Posted: October 24th 2022)
Commonwealth vs. DeGarmo
9.17.2021
Nancy L. Butts
Criminal:
Appeal; sufficiency of evidence to convict of intent to solicit sex from a child, based on sexually suggestive communications; deletion of messages as establishing consciousness of guilt; sentencing discretion; proportionality of sentence in conflict with underlying conduct
(Degarmo091721bt)
(Posted: October 17th 2022)
Commonwealth vs. Holly
8.11.2021
Nancy L. Butts
Criminal:
Suppression motion; voluntariness of waiver of Miranda rights; ambiguous or equivocal request for attorney; undue governmental pressure
(Holly081121bt)
(Posted: October 17th 2022)
Commonwealth vs. Knight
9.24.2021
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court
(Knight092421bt)
(Posted: October 17th 2022)
Commonwealth vs. Taylor
9.23.2021
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court
(Taylor092321bt)
(Posted: October 17th 2022)
Commonwealth vs. White
8.16.2021
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case; sufficiency of evidence of possession or transfer of drugs; use of hearsay evidence
(White081621bt)
(Posted: October 17th 2022)
Criminal:
Suppression motion; warrantless search of property; consent to presence of police in residence; protective sweep where defendant already in custody; statements made in an
interview with police following request for an attorney
(Staten-Chambers073021BT)
(Posted: October 16th 2022)
Commonwealth vs. Dorsey
8.11.2021
Nancy L. Butts
Criminal:
Motion to return property; initial burden to establish entitlement to property; motion supported by incomplete record
(Dorsey081121bt)
(Posted: October 16th 2022)
Commonwealth vs. Williams
7.16.2021
Nancy L. Butts
Criminal:
Suppression motion; probable cause for search of vehicle; mere encounter becoming an investigative detention upon questioning about marijuana; car and phones were searched as a direct result of the lack of proper storage of medical marijuana; voluntariness of consent to search; coercive explanation of options regarding search
(Williams071621bt)
(Posted: October 16th 2022)
Commonwealth vs. Derr
1.10.2022
David C. Klementik, Senior Judge
Criminal:
Habeas corpus petition; sufficiency of evidence of unsworn falsification and tampering with public records; police officer obstructing administration of law by failing to arrest criminals due to sexual relationships
(Derr011022k)
(Posted: October 15th 2022)
Commonwealth vs. Derr
1.10.2022
David C. Klementik, Senior Judge
Criminal:
Habeas corpus petition; sufficiency of evidence of unlawful use of computer to access JNET database, unrelated to a criminal investigation; improper motives for obtaining information; motion to dismiss; statute of limitations
(Derr011121klementik)
(Posted: October 15th 2022)
Commonwealth vs. Brown
12.17.2021
Nancy L. Butts
Criminal:
Post conviction relief act petition; issue previously litigated in the Superior Court; delay of trial due to his own attorney's illness
(Brown121721bt)
(Posted: October 15th 2022)
Commonwealth vs. Hoskins
6.27.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court
(Hoskins062722bt)
(Posted: October 15th 2022)
Commonwealth vs. Johnson
3.14.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Johnson031422bt)
(Posted: October 15th 2022)
Commonwealth vs. Erwin
3.25.2022
Nancy L. Butts
Criminal:
Motion to withdraw guilty plea; fair and just reason; assertion of innocence on one of several charges; liberal allowance of withdrawal motions prior to sentencing
(Erwin032522bt)
(Posted: October 15th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(O'Donnell071422bt)
(Posted: October 15th 2022)
Commonwealth vs. West
6.6.2022
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence of cruelty to animals where obviously sick dogs were not provided timely veterinary care
(West060622bt)
(Posted: October 15th 2022)
Commonwealth vs. Lampley
7.12.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; eligibility for relief; sentence already completed
(Lampley071222bt)
(Posted: October 15th 2022)
Commonwealth vs. Gruss
7.13.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Gruss071322bt)
(Posted: October 15th 2022)
Commonwealth vs. Logan
8.23.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; coerced guilty plea; credibility of claims
(Logan082322bt)
(Posted: October 14th 2022)
Commonwealth vs. Johnson
9.19.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction
(Johnson091922bt)
(Posted: October 14th 2022)
Commonwealth vs. Hall
10.13.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Hall101322bt)
(Posted: October 14th 2022)
Commonwealth vs. Strano
10.4.2022
Nancy L. Butts
Criminal:
Motion to dismiss pursuant to rule 600; calculation of excludable time; excusable delay; availability of trial days outside of control of Commonwealth
(Strano100422bt)
(Posted: October 14th 2022)
In re Best
10.4.2022
Nancy L. Butts
Civil:
Appeal; jurisdiction of the court; standing to pursue motion to return property; collateral attacks on other proceedings
(Best100422bt)
(Posted: October 14th 2022)
Commonwealth vs. Young
10.3.2022
Nancy L. Butts
Criminal:
Suppression motion; reasonableness of extension of traffic stop after traffic offenses to commence drug investigation; totality of circumstances; warrantless search based on coerced consent; search as exploitation of prior illegality; proof that a consent is product of an essentially free and unconstrained choice – not the result of duress or coercion; fruit of the poisonous tree doctrine; warrant based on illegal search
(Young100322bt)
(Posted: October 12th 2022)
Commonwealth vs. Martin
10.4.2022
Nancy L. Butts
Criminal:
Suppression motion; probable cause or reasonable suspicion to conduct traffic stop; duty of driver to signal when turning from a parking lot; collective knowledge doctrine; statements constituting fruit of the poisonous tree
(Martin100422bt)
(Posted: October 12th 2022)
Commonwealth vs. Rudinski
9.19.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffectiveness of counsel for failure to request bill of particular to establish alibi defense to downloading child pornography where information already in possession of trial counsel; prejudice; reasonable basis for failure to call alibi witnesses
(Rudinski091922bt)
(Posted: October 12th 2022)
Commonwealth vs. Askey
10.6.2022
Nancy L. Butts
Criminal:
Motion for suppression of statements; Miranda rights; questions asked during normal course of arrest; marijuana in plain sight during arrest
(Askey100622bt)
(Posted: October 12th 2022)
Civil:
Motion to assert cross claims and affirmative defenses resulting from partial settlements; conscious strategy decision to forgo any cross claims; manifest prejudice of allowing cross claims after parties have completed discovery and exchanged expert reports, and the matter is ripe for trial.
(Evans101022c)
(Posted: October 10th 2022)
Commonwealth vs. Prokop
10.4.2022
Ryan M. Tira
Criminal:
Appeal; sentencing discretion; consideration of prior history and pattern of criminal behavior, as well as need for services available at state correctional facility
(Prokop100422t)
(Posted: October 10th 2022)
Civil:
Preliminary objections to joinder complaint; duty owed by successor counsel to predecessor counsel; circumstances under which an additional defendant may be liable with or liable for indemnity; joinder for sole liability where allegations contained in the joinder complaint relate
to different harms to be proven with different evidence as to different occurrences happening at different times; forcing plaintiffs to sue their attorney using rule 2252
(EarlyBird100722Li)
(Posted: October 9th 2022)
Civil:
Motion for partial summary judgment; contract interpretation; waiver of no oral modification clause; genuine issue of material fact for trial; assessment of trial evidence
(salvatore100422c)
(Posted: October 4th 2022)
Civil:
Motion for permission to file appeal of MDJ decision nunc pro tunc; jurisdiction of court; discretion to allow a late appeal; fraud or breakdown of court operation; required elements of proof; emergency hospitalization; acting with sufficient promptness; showing of attempt to file within the applicable time
(baines100422Li)
(Posted: October 4th 2022)
Civil:
Motion for protective order/to compel; discovery where issue of class certification is open pending decision on preliminary objections; discretion to limit scope of discovery
(lawson100322Li)
(Posted: October 4th 2022)
Administrative Appeal:
Motion for reconsideration of order granting petition to appoint township supervisor and motion for injunction; proper form of action; standing to file quo warranto action; validity of supervisor appointment where there was no public vote; remedy for vacancy board's failure to act within 15 days; procedural requirements for vacancy board to petition court to fill vacancy; remedy for violation of Sunshine Act; authority of the court to make appointment of supervisor without hearing; viability of request for injunctive relief; appealability of order
(OldLycoming092322Li)
(Posted: September 25th 2022)
Manno Estate
9.21.2022
Eric R. Linhardt
Wills and Estates:
Will interpretation; express or latent ambiguity; enforcing plain language of will
(manno092122Li)
(Posted: September 21st 2022)
Commonwealth vs. Erwin
9.8.2022
Nancy L. Butts
Criminal:
Late filed suppression motion; interests of justice; probable cause for vehicle stop; use of parking lights only in darkness
(Erwin090822bt)
(Posted: September 20th 2022)
IB Adoption
9.19.2022
Ryan M. Tira
Adoption:
Agency petition for involuntary termination of parental rights; voluntary relinquishment of rights; failure to perform parental duties for at least the six months preceding the filing of the petition; parent with inconsistent visitation and non-compliant with the permanency plan; lack of progress towards reunification with child; needs and welfare of child; bonding assessment; lack of bond with father giving way to stronger bond with resource parent
(InreIB091922t)
(Posted: September 20th 2022)
Commonwealth vs. Babb
9.14.2022
Ryan M. Tira
Criminal:
Habeas corpus petition; prima facie case of indecent assault and rape of person with mental disability; adequacy of testimony of ability to consent without expert opinion; compelling psychiatric evaluation of complainant; compelling discovery of Brady material, recorded interviews or reports, prior record information for witnesses and social media evidence; disclosure of additional materials Commonwealth may receive
(Babb091422t)
(Posted: September 15th 2022)
Criminal:
Motion to reinstate omnibus pretrial motion; exigent circumstances for failure to appear at hearing; inattention to date of scheduled hearing
(Greene090722t)
(Posted: September 13th 2022)
Criminal:
Appeal
(Strouse082322t)
(Posted: September 12th 2022)
Civil:
Summary judgment motion on counterclaim; sufficiency of pleadings to make out prima facie cause of action; failure to mitigate; determinations to be made by fact-finder
(Choicefuel082222t)
(Posted: September 12th 2022)
Commonwealth vs. Lee
9.2.2022
Ryan M. Tira
Criminal:
Motion to compel discovery required under Brady rule; required production of lab/ballistic reports, interviews, cell phone videos or photos, texts, rap sheets of witnesses, victim medical records; disclosure of bad acts evidence under rule 404(b); motion to preclude evidence of defendant's bad acts; severance of persons not to possess charge from homicide offenses; production of juror record checks; motion for individual voir dire on questions of racism
(Lee090222t)
(Posted: September 12th 2022)
Civil:
Preliminary objection; motion to strike punitive damages claim; sufficiency of factual allegations to support punitive damage claim; motion to overrule objection to subpoena of insurance company file containing negotiations; expectation of privacy; discretion to omit materials prepared in anticipation of litigation; redaction of references to mental impressions, conclusions or opinions regarding value or merit of a claim or defense or respecting strategy or tactics
(Bohlander091222t)
(Posted: September 12th 2022)
Commonwealth vs. Reid
9.10.2022
Eric R. Linhardt
Criminal:
Post-sentence motions; sufficiency of evidence; admissibility of prison calls with victim in which potential guilty plea and sentencing was discussed; applicability of rule 410 prohibition to discussions in which the Commonwealth is not a party; waiver of issues not raised at trial; prejudice of mere reference to a defendant's incarceration; reconsideration of sentence; reasonableness of sentence; resentencing on probation violation; applicability of mandatory minimum sentence for corruption of minor; merger of sentences for lesser included offenses
(reid0090122Li)
(Posted: September 10th 2022)
Commonwealth vs. Robinson
8.19.2022
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence of drug and paraphernalia possession; constructive possession; evidence of power and intent to exercise dominion and control; suppression motion; standing to challenge search of someone else's house; legitimate expectation of privacy in another's home; statutory authority for parole officer to search property of parolee if reasonable suspicion to believe that contraband or other evidence of violations of supervision will be discovered
(Robinson081922bt)
(Posted: August 31st 2022)
Commonwealth vs. Stowe
6.17.2022
Nancy L. Butts
Criminal:
Nominal bail motion; incarceration for 198 days; lack of rule 600 exclusions
(Stowe061722bt)
(Posted: August 29th 2022)
Criminal:
Discovery of Brady material, prior record information; iPhone "dump", information provided to pathologist; habeas corpus petition; prima facie case of homicide; need to establish corpus delicti, that a crime has been committed; need for Commonwealth to irrefutably exclude the idea of accident or suicide in a homicide case; consideration of defendant's behavior as consciousness of guilt; admissions by defendant; suppression motion; statements made to a nun at a hospital; privilege for statements made to member of clergy; statements not made in confidence; motion to sever cases for trial
(CowlaySaunders042622bt)
(Posted: August 29th 2022)
Commonwealth vs. Friend
6.9.2022
Nancy L. Butts
Criminal:
Frye motion; concern that expert's methodology is generally accepted
(Friend060921bt)
(Posted: August 29th 2022)
Purcell vs. Durrwachter
8.25.2022
William P. Carlucci
Civil:
Contempt petition; deliberate conduct for finding of contempt; reasonable interpretation of court order; sufficiency of evidence
(purcell082522c)
(Posted: August 26th 2022)
Civil:
Preliminary objections; specificity of complaint; failure to allege whether contract is written or oral; amendment
(Fuller082222c)
(Posted: August 25th 2022)
Stopper and Nix vs. Richardson
8.10.2022
William P. Carlucci
Civil:
Contempt petition; contract interpretation; standards applicable to contempt proceeding; deliberate violation of stipulated order
(stopper081022c)
(Posted: August 25th 2022)
UCP and NRP Adoptions
8.17.2022
Ryan M. Tira
Adoption:
Petition for involuntary termination of parental rights; adequacy of service; burden of proof; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond, which has lapsed
(AdoptionUandNP081722t)
(Posted: August 23rd 2022)
Miller vs. Bartley, et al.
8.19.2022
Eric R. Linhardt
Civil:
Motion seeking discovery of defendant's wealth; punitive damages claim that survived preliminary objections; separation of wealth discovery from general discovery; net worth as appropriate measure of wealth; discovery of jointly owned assets
(miller081822Li)
(Posted: August 22nd 2022)
Civil:
Preliminary objections; pleading proof of assignment of a debt; failure to attach credit card agreement; specificity of pleading of a contract; specificity of allegations of transactions on credit card account
(Portfolio080822t)
(Posted: August 22nd 2022)
Civil:
Preliminary objections; pleading proof of assignment of a debt; failure to attach credit card agreement; specificity of pleading of a contract; specificity of allegations of transactions on credit card account
(Portfolio081822t2)
(Posted: August 22nd 2022)
Administrative Appeal:
Appeal
(Armstrong080322t)
(Posted: August 22nd 2022)
Criminal:
Motion in limine for permission to introduce video and audio recording; exception to the Wiretap Act for threat of or commission of crime
(Millington080822bt)
(Posted: August 22nd 2022)