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:
Post-conviction relief act petition; bootcamp eligibility; legal basis to grant relief
(Rivera082916bt)
(Posted: August 27th 2016)
Criminal:
Post-conviction relief act motion; credit for time served; start time of concurrent sentence; computation of prior record score; sentence based on plea agreement
(Weller082916bt)
(Posted: August 27th 2016)
Criminal:
Appeal; sufficiency of evidence of intent to deliver heroin; credibility of witnesses; proof of quantity for sentencing purposes; elements of conspiracy; sufficiency of evidence of criminal use of a communication facility; factors considered when determining sentence; challenge to discretionary aspect of sentence; treatment purpose of state intermediate punishment program
(Mays082216bt)
(Posted: August 24th 2016)
Criminal:
Motion challenging costs of prosecution; crime lab user fees; recovery of costs of tests to determine if homicide occurred, where homicide was not charged; costs necessary to prove elements of crime charged
(Scarantino082415L)
(Posted: August 24th 2016)
Criminal:
Habeas corpus petition; violation of employment reporting requirements under SORNA; Issues concerning credibility and weight of Commonwealth exhibits and testimony; jury issues; repeated failures to report as multiple offenses
(Person082216L)
(Posted: August 22nd 2016)
Criminal:
Appeal; sufficiency of evidence of sexual abuse where victim does not testify; testimony of forensic interviewer; unavailability under tender years doctrine; coordinate jurisdiction rule; denial of continuance request; harmless error
(Wilcox082216bt)
(Posted: August 22nd 2016)
Criminal:
Motion to reconsider denial of motion to dismiss in light of Birchfield v. North Dakota; constitutionality of implied consent law; fourth amendment right to refuse a warrantless blood test; refusal to take test as consciousness of guilt; preservation of issue; futility of trial objection; new trial
(Bell081916a)
(Posted: August 19th 2016)
Criminal:
Motion to correct illegal sentence treated as post conviction relief act petition; timeliness; jurisdiction of the court
(Graham081616L)
(Posted: August 17th 2016)
Criminal:
Suppression motion; probable cause to stop vehicle; constitutionality of implied consent statute in light of Birchfield v. North Dakota
(Greninger081716bt)
(Posted: August 17th 2016)
Southwestern Energy Production Company vs. Forest Resources, LLC., et. al
8.17.2016
Dudley N. Anderson
Civil:
Preliminary objections to complaint joining indispensable parties; statute of limitations; date actual controversy arose in case involving interpretation of statute and lease; claimed survival of quiet title actions, even if declaratory judgment actions are time-barred; inextricably intertwined causes of action; subject matter jurisdiction of court where indispensable parties are dismissed; factual issues preventing dismissal of claims
(Southwestern081716a)
(Posted: August 17th 2016)
Criminal:
Prisoner's request to stop deductions from prison account; jurisdiction of the court; Department of Corrections guidelines
(Sampsell081016bt)
(Posted: August 15th 2016)
Criminal:
Appeal; discretion of court to dismiss suppression motion as untimely; waiver of suppression issues by pleading guilty; credibility of excuses for late filing of suppression motion; interests of justice
(Smith081116L)
(Posted: August 11th 2016)
Criminal:
Habeas corpus petition; charges of risking a catastrophe and criminal mischief; damaged water pipe in hotel room; prima facie case; discovery request
(Clement072816bt)
(Posted: August 7th 2016)
Criminal:
Commonwealth's motion for discovery; defendant's eyewitnesses; prerequisites to discovery; trial by ambush; discovery reasonable, material and necessary to the preparation of the Commonwealth's case
(Jennings072716L)
(Posted: July 28th 2016)
Wills and Estates:
Petition for settlement of small estate; decedent's interest in real property; appropriateness of small estate petition; sua sponte order appointing administrator
(Sanner072716bt)
(Posted: July 28th 2016)
Wills and Estates:
Petition to settle small estate; appropriateness of small estate petition where letters granted to petitioner; lack of evidence of filing of estate tax return
(McClure072516bt)
(Posted: July 25th 2016)
Criminal:
Nominal bail motion; rule 600 calculation; defendant who is a flight risk and a dangerous individual; conditions_x000d_
other than imprisonment that will reasonably assure safety of community
(Wylie061716bt)
(Posted: July 25th 2016)
Criminal:
Appeal; DUI conviction; admission of statement of defendant to police that he had been driving the car where there was no independent evidence of such; claimed violation of corpus delecti rule; circumstantial evidence
(Smith072216a)
(Posted: July 25th 2016)
Criminal:
Appeal of post conviction relief act petition dismissal; timeliness; retroactive application of decisional law
(Packer071816L)
(Posted: July 22nd 2016)
Criminal:
Appeal; sufficiency of evidence of heroin possession and delivery
(Mays072216a)
(Posted: July 22nd 2016)
Wills and Estates:
Motion for surcharge or adjustment; fiduciary duty of agent under power of attorney; alleged confidential relationship; motion for summary judgment; decedent's intent under trust agreement; construction of declaration of trust
(guffy072216L)
(Posted: July 22nd 2016)
Criminal:
Suppression motion; attempted murder case; conversations with defendant while he was being transported from Philadelphia; Miranda rights; circumstances surrounding signing of waiver form; voluntariness of waiver in light of use of drugs and alcohol; suppression of intercepted wiretap conversation for lack of appropriate documentation; aggrieved person; vicariously asserting privacy rights of others; motion in limine to police officers from narrating surveillance videos; witness use of surveillance videos to assist jury in understanding testimony
(Spencer071116L)
(Posted: July 15th 2016)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court; subsequent decisional law issue; retroactive effect
(Zeiber071416L)
(Posted: July 14th 2016)
Criminal:
Post sentence motion nunc pro tunc; timeliness; jurisdiction to revise sentencing order; reasonableness of sentence
(Thomas071416bt)
(Posted: July 14th 2016)
Criminal:
Appeal; unduly harsh and excessive sentence following the revocation of intermediate punishment; applicability of sentencing guidelines
(jean071116L)
(Posted: July 13th 2016)
Criminal:
Motion for independent DNA testing; probable cause to test third party's DNA at request of defendant; authority of the court to order disclosure of evidence; voluntary submission to testing
(PEREZ071116bt)
(Posted: July 13th 2016)
Criminal:
Pretrial motions to compel discovery, quash subpoena and under Rape Shield Law; disclosure of school disciplinary records; disclosure of confidential communications to school personnel; Federal Family Educational Rights and Privacy Act disclosures; evidence tending to directly exculpate the accused by showing that the alleged victim has a motive to lie, fabricate, or seek retribution; in camera review; consideration of prejudice
(CHP061716bt)
(Posted: July 13th 2016)
QC Energy Resources, LLC vsTours Specialty Insurance Company, ECM Energy Services, Inc. & Energy Construction Management, LLC
6.30.2016
Richard A. Gray
Civil:
Motions for summary judgment; insurance coverage dispute; interpretation of designated insured endorsement; insurance required by contract; conditional dependent clause eliminating coverage granted by endorsement; illusory contract, inconsistent with the reasonable expectation of insured; permissive user coverage
(QCEnergy063016g)
(Posted: June 30th 2016)
Adoption:
Involuntary termination of parental rights; settled purpose to relinquish parental claim to child or failure to perform parental duties for at least six months; bond existing between the child and parent
(AdoptionofOGSandKKS062916m)
(Posted: June 30th 2016)
Divorce:
Exceptions to master's report; failure to award alimony due to cohabitation; arrangement with paramour that is more than just an occasional sexual liaison; lack of commingling of funds; extended relationship with paramour; adequacy of accounting of proceeds of home equity loan; lack of award of health insurance where wife received a lump sum payment and has access to insurance at work; valuation of annuity and responsibility for tax consequences, on distribution
(rdr062716m)
(Posted: June 29th 2016)
Criminal:
Commonwealth motion in limine to preclude evidence of comments of trooper that he assumes a DUI in a crash case and as to the high number of his DUI arrests; relevancy where there is evidence of high BAC level; danger of unfair prejudice, confusing the issues, and/or misleading the jury; defense claim of cognitive bias
(Hays061716g)
(Posted: June 26th 2016)
Divorce:
Petition to enforce property settlement agreement; unambiguous contract; determination of the intent of the parties; buyer's remorse as a defense; enforceability of agreement labeled "draft" after it was signed and partially implemented
(CFP062216m)
(Posted: June 24th 2016)
Criminal:
Commonwealth appeal; suppression motion; strictly construction of agreement between District Attorney and_x000d_
the Attorney General of the Commonwealth; enforcement of Municipal Drug Task Force agreement
(Forsythe061716bt)
(Posted: June 17th 2016)
Criminal:
Appeal; voluntary manslaughter conviction; sufficiency of evidence to disprove claim of self-defense; efforts to hide evidence; sufficiency of evidence of aggravated assault; waiver of issues not raised in the trial court; malice; logically inconsistent verdict; expert testimony that defendant reasonably believed that he was in imminent danger of death or great bodily harm; relevance and probative value of expert testimony; testimony solely for the purpose of buttressing credibility of defendant; admissibility of evidence on objective element of defendant's state of mind; admissibility of stipulated PFA order; cumulative evidence; harmless error; evidence of turbulent or dangerous character of decedent; acts known to defendant at time of homicide; dissimilar and remote assault conviction evidence
(Jackson061516L)
(Posted: June 15th 2016)
Criminal:
Suppression motion; vehicle search; reasonable suspicion to stop vehicle because of belief that criminal activity, namely a narcotics transaction, was afoot and for a violation of the vehicle code; probable cause for a warrantless search of a motor vehicle after viewing transaction consistent with controlled substance delivery
(Green061416L)
(Posted: June 14th 2016)
Criminal:
Appeal
(Cooke061016bt)
(Posted: June 10th 2016)
Criminal:
Appeal
(Keys061016bt)
(Posted: June 10th 2016)
Criminal:
Appeal
(Probst060916bt)
(Posted: June 9th 2016)
Civil:
Preliminary objections; legal sufficiency of claim fraud; economic loss doctrine; exception for negligent misrepresentation; gist of the action; recasting ordinary breach of contract claims into tort claims; claim for intentional breach of contract; fraudulent inducement
(guenot060116g)
(Posted: June 6th 2016)
Civil:
Summary judgment motion; slip and fall case; assumption of the risk; subjective appreciation of the danger of defect in sidewalk; inability of plaintiff to say that a sidewalk defect caused her fall; logical and reasonable inferences; material factual questions
(Goldy053116g)
(Posted: June 6th 2016)
Criminal:
Suppression motion; timeliness; interest of justice; defendant's attorney's attempt to circumvent the rules by transferring representation to another attorney; consideration of the merits of the underlying suppression motion; probable cause for motor vehicle stop; failure to use turn signal where vehicle was only able to turn right
(Reuss060116L)
(Posted: June 1st 2016)
Criminal:
Post-conviction collateral relief act petition; sentencing issue; crime victim compensation/victim service fee assessments on summary convictions; superseding statutory provisions; proper time credit for days incarcerated before sentencing hearing; waiver of sentencing issue by failure to file direct appeal; ineffective counsel claim where counsel unsuccessfully made the argument that defendant believes counsel should have made
(JAD053116bt)
(Posted: June 1st 2016)
Criminal:
Suppression motion; constitutionality of Pennsylvania's implied consent law; reasonableness of warrantless blood test of a drunk-driving suspect; unconstitutional conditions doctrine; lack of criminal liability as a direct consequence of refusing a chemical blood test; actual consent for blood test
(GSH053116bt)
(Posted: June 1st 2016)
Criminal:
Motions to reconsider sentence; boating under the influence; grading and offense number disputes; request for reduction of sentence so defendant could be present for the birth of his child; eligibility for intermediate punishment because of prior convictions; inclusion of New York conviction for driving while impaired in calculation; statutory interpretation; differences between boating and driving under the influence statutes; inclusion of substantially similar offense from another jurisdiction; applicability of Vehicle Code grading and penalty provisions; look back periods or time limits
(Kiess060116L)
(Posted: June 1st 2016)
Criminal:
Motion for release on nominal bail during Commonwealth appeal of suppression decision; excludable time under rule 600
(TDF051816bt)
(Posted: May 27th 2016)
Criminal:
Post-conviction relief act petition; guilty plea; ineffective assistance of counsel claim; voluntariness of the plea; record demonstrating guilt; lack of issues of material fact
(Harner051616g)
(Posted: May 27th 2016)
Civil:
Forfeiture petition; claim of lienholder; individual who assisted defendant in financing vehicle because of personal relationship; lack of legal interest in vehicle; failure to object to forfeiture or to assert equitable claim; rights fixed through a statutory scheme
(Goff051916g)
(Posted: May 27th 2016)
Civil:
Motion to dismiss petition for involuntary emergency examination and treatment of an incarcerated individual; deteriorating mental condition while incarcerated; refusal of prisoner to accept psychiatric evaluation and treatment; prisoner not presenting clear and present danger of harm to others or herself; strict construction of the Act; required physical debilitation resulting from mental health condition; need for legislative solution; prisons as warehouse for mentally ill
(CG052716g)
(Posted: May 27th 2016)
Criminal:
Commonwealth's motion to amend the information; second amendment; lack of prejudice
(Jennings052716L)
(Posted: May 27th 2016)
Criminal:
Commonwealth appeal of decertification order; evidence that defendant could be rehabilitated prior to expiration of juvenile court jurisdiction; no opportunity to engage in therapy; transfer promoting public safety both in the short and long term
(Gates052716L)
(Posted: May 27th 2016)
Criminal:
Suppression motion; waiver of Miranda rights; claim of intoxication; signs of alcohol impairment or intoxication; confession the product of an essentially free and unconstrained choice
(Beaghley052716L)
(Posted: May 27th 2016)
Criminal:
Claimed immunity from intermediate punishment violation pursuant to drug overdose response immunity statute; clear language of the statute; question of whether person who reported overdose and remained with defendant, may not be charged and is entitled to immunity under the act; applicability of statute to intermediate punishment violation
(cartwright052716L)
(Posted: May 27th 2016)
Criminal:
Petition to transfer minor to juvenile court; 16 year old who participated in a home invasion; threat of juvenile to the community; response to treatment; recommendation of probation officers
(TMT052516bt)
(Posted: May 26th 2016)
Criminal:
Suppression motion; probable cause for vehicle stop; credible testimony by police officer that defendant rolled through two stop signs
(Joiner052616L)
(Posted: May 26th 2016)
Criminal:
Appeal
(Watkins052516bt)
(Posted: May 25th 2016)
Criminal:
Motion to preclude defenses; charges related to certain incidents of sexual behavior; evidence of consent; assuming absence of consent where person is unconscious; relevancy of evidence that rebuts assumed consent; use of drugs as affecting consent; evidence of past prostitution activities with defendant; Rape Shield Law; in camera hearing to determine relevancy to show bias or motive or to attack credibility; prejudice; alternative means of proof
(Bean052316a)
(Posted: May 24th 2016)
Criminal:
Motion to dismiss; sex offender vehicle registration requirements; discovery of emails and correspondence between or among the Pennsylvania Board of Probation and Parole and law enforcement; remedies for discovery violations; discretion to dismiss charges for extreme and egregious violations; prejudice; availability of traditional contempt sanctions for willful discovery violations
(Jennings051916L)
(Posted: May 19th 2016)
Criminal:
Restitution modification motion; adopting civil settlement agreement; enforceability of civil agreement criminal proceeding
(barkholz051716L)
(Posted: May 18th 2016)
Kiehl vs. Aqua Vantage Pools & Spas, Wilkes Pool of Mifflin, Pool Tech of Mifflin, Inc., John Barrera & Pool Tech, Inc.
5.17.2016
Dudley N. Anderson
Civil:
Motion for reconsideration; petition to vacate or modify arbitration award; personal jurisdiction over non-signer of agreement to arbitrate; compelling non-signer to arbitrate; waiver of objection to the arbitrator's personal jurisdiction by non appearance
(kiehl051716a)
(Posted: May 17th 2016)
Jersey Shore Area School District vs. Girardi and Jersey Shore Area Education Association
5.5.2016
Richard A. Gray
Administrative Appeal:
Appeal; interpretation of collective bargaining agreement; responsibilities of arbitrator to determine in the first instance whether teacher waived his right to grieve and arbitrate his termination from employment; entitlement to preliminary injunctive relief; adequate remedy at law
(JerseyShore050516g)
(Posted: May 14th 2016)
Killinger vs. Hosler Corp., Benell, Inc. and Hartford Fire Insurance Company
5.12.2016
Richard A. Gray
Civil:
Preliminary objections; sub-contract dispute; demurrer to quantum meruit claim; unjust retention of a benefit without payment; claim by subcontractor against contractor with which subcontractor did not contract; interpretation of the Contractor and Subcontractor Payment Act; statute of limitations for action on a bond; statutory notice requirements for claim on a bond; compliance with requirement of written notice to primary contractor; applicability of stay provisions in subcontract agreement
(Killinger051216g)
(Posted: May 14th 2016)
Adoption:
Petition for involuntary termination of parental rights; incarcerated parent; hereon addict with extensive, related criminal record; settled purpose to relinquish parental claim to a child or failure to perform parental duties for at least six months; failure to perform affirmative duty to be part of a child's life; lack of attempts to communicate with or see the child; pattern of drug abuse and incarceration leaving child without essential parental care; bond between father and child; best interest of child
(AdoptionofARK051016m)
(Posted: May 11th 2016)
Galeano vs Susquehanna Health System and Williamsport Regional Medical Center
5.11.2016
Dudley N. Anderson
Civil:
Summary judgment motion; fall on mat which operated automatic doors at hospital; need for medical expert testimony; allegation that physical therapy staff had duty to assess plaintiff's condition to determine if he needed assistance to exit the facility; action occurring within course of professional relationship; sufficiency of engineering expert testimony; causation issue
(Galeano051116a)
(Posted: May 11th 2016)
Criminal:
Petition for post conviction relief; amended petition by counsel after pro se filing; avoiding hybrid representation; challenge to mandatory sentence where no mandatory sentence was imposed; inapplicability of revisions to sentencing provisions that were implemented after offenses committed; avoiding Alleyne problem where jury finds the element of the offense necessary for sentencing
(Showers050916L)
(Posted: May 9th 2016)
Criminal:
Suppression motion; reasonable suspicion of parole officers to search defendant's residence; uncorroborated_x000d_
anonymous tip of a violation of parole; admissions by parolee; investigative detention or mere encounter; official compulsion to stop or respond; discrepancies between the affidavit of probable cause and suppression hearing testimony
(Banks050916L)
(Posted: May 9th 2016)
Criminal:
Appeal of murder conviction; sufficiency of the evidence of malice; evidence that defendant aimed gun and pulled trigger, not knowing if the gun was loaded; suppression motion; prison informant acting as agent of the Commonwealth or on his own to try to get a lesser sentence; unduly harsh and manifestly excessive sentence; discretion of the court; consideration of protection of public, gravity of offense in relation to the impact on victim and community, and rehabilitative needs of defendant
(Sear050616L)
(Posted: May 7th 2016)
Criminal:
Pretrial motion; admissibility of hearsay statements under the Tender Years Act; availability of child as witness; indicia of reliability of statements; testimonial statements; primary purpose of the interrogation; petition for writ of habeas corpus; prima facie evidence of penetration in rape case; risk of future serious bodily injury if disease contracted from rape was untreated, as establishing element of serious bodily harm
(Payne050616L)
(Posted: May 7th 2016)
Civil:
Motion to quash appeal from arbitration; reasonableness of inspection fees; presumption of common law arbitration where the agreement does not specify type of arbitration; showing that hearing was denied or that there was some fraud, misconduct, corruption or other irregularity of the arbitrator which caused an unjust, inequitable or unconscionable award; challenge to the process and not the results or the arbitration
(Hughesville042216g)
(Posted: April 29th 2016)
Divorce:
Exceptions to family court hearing officer's determination of date of separation of the parties; intent of the parties to live separate and apart; continued sexual relations after no longer residing together in the marital home
(KB042216m)
(Posted: April 28th 2016)
Criminal:
Motion to dismiss; Drug Overdose Immunity Statute; definition of drug overdose event; balance between saving lives and prosecution; reasonable belief of person who calls in emergency; liberal construction of statute
(michael042716L)
(Posted: April 27th 2016)
Civil:
Motion in limine; measure of damages for conversion of jewelry; claim for replacement cost and sentimental value; readily valued property; market value of the converted property at the time and place of conversion
(daskalakis041816a)
(Posted: April 18th 2016)
Criminal:
Appeal; applicability of sentencing guidelines to a probation violation; necessity of state incarceration where defendant violated probation and showed no interest in changing his life around or cooperating in any rehabilitation efforts
(Harris041316L)
(Posted: April 13th 2016)
Wills and Estates:
Objections to final estate accounting; reasonableness of executor's fee where executor removed for failure to properly administer estate; time calculations inflated and services provided unnecessary and unreasonable; reasonableness of executor's expenses for repeated trips from out of state
(guffy041216L)
(Posted: April 12th 2016)
Criminal:
Commonwealth's motion to amend Information and motion in limine; failing to provide accurate information when registering as a sexual offender; amending information to add lesser included offense; admissibility of evidence of the conviction of defendant for not having a license or his license was suspended or revoked at trial for registration offense; prejudice
(Jennings041215L)
(Posted: April 12th 2016)
Criminal:
Violation of intermediate punishment; modification of terms
(Dincher041216L)
(Posted: April 12th 2016)
Criminal:
Evidence admissible at sentencing hearing; victim impact testimony of family of person killed by gunshot, where only conviction was of a charge related to possession of the gun; relevancy of evidence; due process considerations; sentencing court's reliance on impermissible factors
(Scarantino041116L)
(Posted: April 11th 2016)
Civil:
Appeal; summary judgment entered against a party who does not respond; lack of dispute as to issues of material fact; waiver for failure to raise issues in trial court
(Synchrony040816g)
(Posted: April 8th 2016)
Criminal:
Appeal; sufficiency and weight of the evidence; timeliness of appeal; theft offenses; unduly harsh sentence; consideration of sentencing guidelines and statutory factors
(Rummings040416g)
(Posted: April 8th 2016)
Criminal:
Petition for return of firearms; eligibility of individuals to possess firearms; person involuntarily committed for inpatient care and treatment under § 302 of the Mental Health Procedures Act; certification that inpatient care was necessary
(Pelletier040816L)
(Posted: April 8th 2016)
Criminal:
Summary appeal; occupancy of premises that had been previously condemned and placarded; enforceability of the international property maintenance code, by ordinance; version of code adopted; waiver of issue not raised with MDJ; interests of justice; abatement of violation as defense
(DeRaffele040816L)
(Posted: April 8th 2016)
Criminal:
Appeal; sufficiency of evidence of aggravated assault of child; injuries occurring during custody of defendant; weight of the evidence; objection to cross examination of child's mother on quality care of the child; discretion of court on admissibility of evidence
(schenck040816L)
(Posted: April 8th 2016)
Criminal:
Commonwealth's motion in limine; expert testimony; opinion based on specialized knowledge beyond the knowledge possessed by average layperson; testimony regarding a person's capabilities following an injury; standard of definiteness required for expert
(Williams040716L)
(Posted: April 7th 2016)
Criminal:
Appeal; failure to file concise statement; waiver of issues
(Buie032916m)
(Posted: April 6th 2016)
Criminal:
Motion to reconsider suppression order; interpretation of Municipal Police Jurisdiction Act; irreconcilable conflict between two statutory provisions; special provisions of statute construed as exception to irreconcilable general provision; suppression of evidence as the appropriate remedy when police have acted without authority
(Forsythe033116bt)
(Posted: March 31st 2016)
Adoption:
Petition for involuntary termination of parental rights; court may terminate parental rights where a parent_x000d_
demonstrates a settled purpose of relinquishing parent claim to a child or fails to perform parental duties for at least six months prior to filing for the termination; active military service; mother moved frequently; failure to use court system to ensure relationship with child; clear and convincing evidence
(AdoptionofJRO031816m)
(Posted: March 22nd 2016)
Adoption:
Petition for involuntary termination of parental rights; court may terminate parental rights where a parent_x000d_
demonstrates a settled purpose of relinquishing parent claim to a child or fails to perform parental duties for at least six months prior to filing for the termination; imprisoned parent; bond between the child and parent
(AdoptionofLW031816m)
(Posted: March 22nd 2016)
Criminal:
Appeal; sufficiency of the evidence of rape of a child, statutory sexual assault, aggravated indecent assault, unlawful restraint of a minor, endangering welfare of a child and corruption of a minor; sexually violent predator finding
(jeg031716a)
(Posted: March 17th 2016)
Criminal:
Suppression motion; admissions made during guilty plea discussions; knowing, intelligent or voluntary waiver of right to remain silent; district attorney's promises of benefits or special considerations to induce admissions
(Bean031516a)
(Posted: March 15th 2016)
Criminal:
Rule 600 motion to dismiss or for nominal bail; calculation of excludable time; delay caused by the Commonwealth's lack of due diligence; authority of counsel to request continuances on behalf of defendant; waiver of claim that periods labeled as excludable in a continuance order are not excludable; availability of witnesses; denial of nominal bail based on perceived inability of defendant to comply with any conditions of release designed to protect elderly women and the community
(McDowell031416L)
(Posted: March 15th 2016)
Criminal:
Suppression motion; police request to bar patron to accompany officer outside to discuss parking lot accident; arrest; reasonable suspicion of criminal activity; police investigation of summary offense
(Helminiak030716bt)
(Posted: March 9th 2016)
Criminal:
Commonwealth's motion to preclude testimony; defense use of expert testimony on affirmative defense of diminished capacity in aggravated assault case; limitation of defense to first degree murder case
(Stouffer030416L)
(Posted: March 8th 2016)
Criminal:
Motion to admit statements under the Tender Years Hearsay Act; child not available as a witness; serious emotional distress that would substantially impair child's ability to reasonably communicate; statements made with sufficient indicia of reliability
(Payne030816L)
(Posted: March 8th 2016)
Civil:
Summary judgment motions; Right to Farm Act; nuisance suit filed as a result of allegedly strong obnoxious odors emanating from farm fields; public policy in support of farming operations;; statutory protection from nuisance suits
(Branton030416g)
(Posted: March 4th 2016)
Criminal:
Appeal; petition for return of property; refusal to care for injured dog; derivative contraband
(Kuhns030316L)
(Posted: March 3rd 2016)
Criminal:
Motion in limine to preclude mentioning the injuries victim suffered because Defendant will stipulate to_x000d_
the injuries; proof of element of offense; relevant evidence
(Sailor030316L)
(Posted: March 3rd 2016)
Criminal:
Motion to dismiss; reasonable suspicion to stop vehicle; information of third parties; officer's observation of further criminal activity
(Rinehimer022916bt)
(Posted: March 3rd 2016)
Criminal:
Suppression motion; probable cause to arrest; investigatory detention upon reasonable suspicion of unlawful activity; warrantless search of an automobile upon probable cause_x000d_
(Wylie022916bt)
(Posted: March 3rd 2016)
Criminal:
Suppression motion; interdiction roving patrol; vehicle stop; jurisdiction of officer; extraterritorial foray to acquire evidence where probable cause did not yet exist
(Forsythe022916bt)
(Posted: March 3rd 2016)
Criminal:
suppression motion; vehicle stop for high beam violation; reasonable suspicion of violation of Motor Vehicle Code
(Reedy022916bt)
(Posted: March 3rd 2016)
Criminal:
Commonwealth appeal of sentence; sentencing discretion of the court; consideration of the particular circumstances of the offense and the character of the defendant; deviation from the guidelines; consideration of psychological effect of solitary confinement to conduct of prisoner; statutory sentencing factors; impact of probationary sentence as depreciating the seriousness of crimes and encouraging others to commit crimes
(Ball030216L)
(Posted: March 2nd 2016)
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