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:
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)
Kiehl vs. Aqua Vantage Pools & Spas, Wilkes Pool of Mifflin, Pool Tech of Mifflin, Inc., John Barrera & Pool Tech, Inc.
2.29.2016
Dudley N. Anderson
Civil:
Competing petitions to confirm or to vacate arbitration award; personal jurisdiction over corporation president; waiver of objections
(Kiehl022916a)
(Posted: February 29th 2016)
Custody:
Complaint to establish paternity and for genetic testing; estoppel; abandonment
(AC022916a)
(Posted: February 29th 2016)
Criminal:
Motion for reconsideration of habeas corpus petition denial; after discovered evidence; vagueness of Megan's Law vehicle registration provision; prima facie case
(Jennings021916bt)
(Posted: February 24th 2016)
Civil:
Summary judgment motion; contract interpretation; waiver of worker's compensation immunity to provide indemnity; res judicata and collateral estoppel; waiver of worker's compensation subrogation; specificity of contract
(QCEnergyResource LLC022316g)
(Posted: February 24th 2016)
Criminal:
Post-sentence motion for new trial; weight of the evidence of unlawful restraint of a minor, endangering the welfare of a child and corruption of a minor; course of conduct, encompassing only two incidents of abuse; prosecutor's reference to a "PFA"; cautionary instructions; admissibility as substantive evidence a child's statements to an interviewer relating to sexual abuse; sufficient indicia of reliability; motive to fabricate
(jeg022216a)
(Posted: February 23rd 2016)
Criminal:
Post conviction relief act petition; claim that trial counsel was ineffective for failure to inform defendant of a twenty-five year mandatory minimum prison sentence; prejudice where there was no plea agreement offered
(Probst021616bt)
(Posted: February 20th 2016)
Criminal:
Habeas corpus petition; prima facie case of institutional sexual assault; date, day of the week, and time of the_x000d_
alleged offenses as material elements of offense
(Stone021616bt)
(Posted: February 20th 2016)
Criminal:
Post conviction relief act; ineffective counsel; factual basis for plea to burglary and endangering the welfare of a child; knowing and voluntary plea; prejudice
(Bigelow021616bt)
(Posted: February 20th 2016)
Criminal:
Post-conviction relief act petition; timeliness; jurisdiction of the court; retroactive application of Alleyne case
(Cooke021616bt)
(Posted: February 20th 2016)
Criminal:
Post-conviction relief act petition; timeliness; jurisdiction of the court; retroactive application of Alleyne case
(Keys021616bt)
(Posted: February 20th 2016)
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; use of character witnesses; personal opinion testimony; competency of witnesses; reasonable basis not to call character witnesses; credibility of witnesses; bald allegations without proof
(Bodle021816L)
(Posted: February 18th 2016)
Criminal:
Suppression motions; unconstitutional interrogation; Miranda warnings; custodial interrogation; detention that has become so coercive as to constitute functional equivalent of an arrest; police inquiry about when defendant "last smoked marijuana"
(weever021816L)
(Posted: February 18th 2016)
Criminal:
Consolidation motion; defendants alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses; judicial economy; bare assertion of prejudice
(wilson021716L)
(Posted: February 17th 2016)
Criminal:
Post conviction relief act petition; knowing, voluntary and intelligent guilty plea; lack of specific plea agreement regarding aggregate sentence to be imposed
(Masser021716L)
(Posted: February 17th 2016)
Criminal:
Appeal; motion for mistrial; document not disclosed during discovery; prejudice; vague statements in the rule 1925 statement; sufficiency of the evidence of drug offenses
(harris021116g)
(Posted: February 16th 2016)
Civil:
Motion for judgment on the pleadings; forced buy-out of minority shareholder; remedies allowed by the Business Corporation Law; court's equitable powers; claim that a single entity can conspire with itself; claim for conversion where plaintiff's stock is being taken at reduced value as a result of the majority shareholders' action
(Pellegrino911216g)
(Posted: February 16th 2016)
Criminal:
Petition to withdraw from criminal representation; irreconcilable differences between the parties; jurisdiction of the court to act in cases on appeal; entitlement to appointed counsel; appointment of new counsel
(Ball021616L)
(Posted: February 16th 2016)
Criminal:
Suppression motion; probable cause to support issuance of search warrant of vehicle; probable cause to search residence; nexus between the items sought and the place to be searched
(Jett021226L)
(Posted: February 13th 2016)
Criminal:
Post conviction relief act petition; unlawfully induced guilty plea; claim not supported by guilty plea documents
(Anderson021216L)
(Posted: February 13th 2016)
Criminal:
Suppression motion; saturation patrol for drug interdiction established by authority of county district attorney; jurisdiction of college police officer to stop vehicle within 500 yards of college; capacity of officer
(Bell020516bt)
(Posted: February 10th 2016)
Criminal:
Suppression motion; reasonable suspicion to stop vehicle for suspected DUI; erratic driving
(Chase020816L)
(Posted: February 8th 2016)
Criminal:
Appeal; post conviction relief act petition; waiver of issues not raised in the lower court; legality of sentence; statutory construction; applicability of Alleyne to guideline sentence; issue previously litigated; sufficiency of evidence
(Sowell020816L)
(Posted: February 8th 2016)
Jersey Shore Area Schoo lDistrict vs. Girandi and Jersey Shore Area Education Association
2.3.2016
Richard A. Gray
Civil:
Motion for preliminary injunction; jurisdiction to determine whether or not tenured public school teacher_x000d_
waived right to grieve and arbitrate termination from employment; last chance agreement that waives rights; express waiver of right to arbitration; School Code prohibition of waiver of its provisions; issues to be determined in the first instance by an arbitrator
(JerseyShoreAreaSchoolDistrict020316g)
(Posted: February 6th 2016)
Criminal:
Appeal; violation of probation; repeated failure to comply with conditions of supervision; probationary order not serving rehabilitative effect; reasonableness of prison sentence
(Gillespie020316L)
(Posted: February 3rd 2016)
Administrative Appeal:
Appeal of denial of variance; construction of deck that encroaches on required ten-foot setback; unique physical conditions peculiar to the property; abuse of discretion or an error of law; unreasonable economic burden
(Camacho020316A)
(Posted: February 3rd 2016)
Civil:
Summary judgment motion; trespass claim relating to the location of water main service line; property dedicated to public use; need for expert testimony for claim of negligently providing professional engineering services; party not in privity of contract with the professional
(GreyFoxPlaza020316a)
(Posted: February 3rd 2016)
Adoption:
Petition to involuntarily terminate parental rights; parent evidencing settled purpose of relinquishing parental claim to child or refusing or failing to perform parental duties; lack of recent contact; consideration to the developmental, physical and emotional needs and welfare of the child; existence of bond between parent and child
(AdoptionofAH012916m)
(Posted: February 2nd 2016)
Criminal:
Suppression motion; reasonable suspicion to stop vehicle; probable cause to search vehicle passenger; collateral estoppel; consent to search; fruit of the poisonous tree; motion is for a writ of habeas corpus; sufficiency of the evidence of passenger's possession of drugs and weapons in vehicle; constructive possession
(Allen012616L)
(Posted: January 27th 2016)
Civil, Criminal:
Suppression motion; timeliness; jurisdiction of officers to arrest based no invalid warrant; de minimis violation; interests of justice; prejudice; search as a result of illegal arrest; reasonable suspicion to search, waiver of Miranda rights
(Wilson012616L)
(Posted: January 27th 2016)
Criminal:
Motion to modify and correct illegal sentence nunc pro tunc treated as a post conviction relief act petition; timeliness; retroactive application of Alleyne decision
(McClain012616L)
(Posted: January 27th 2016)
Criminal:
Motion to amend nolle pros order; prosecutorial misconduct; abuse of discretion; prejudice
(Coleman012116L)
(Posted: January 21st 2016)
Civil:
Motion to consolidate; defendants who participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses; judicial economy; possibility of conflicting or antagonistic_x000d_
defenses; potential for prejudice; fact that co-defendants blame one another
(Allen011916bt)
(Posted: January 21st 2016)
Criminal:
Post conviction relief act petition; timeliness; Alleyne v. United States issue; jurisdiction of the court
(Andrews011916bt)
(Posted: January 21st 2016)
Criminal:
Motion for modification of sex offender registration requirement; duty to register as sexual offender where plea agreement made no mention of registration
(Arthur011916bt)
(Posted: January 21st 2016)
Criminal:
Motion to amend information; amended charge involving the same basic elements and evolving out of the same_x000d_
factual situation; prejudice
(Sawyer011916bt)
(Posted: January 21st 2016)
Criminal:
Suppression motion; reasonable suspicion to stop vehicle; vision impaired by objects in windshield
(Thomas011916bt)
(Posted: January 21st 2016)
Criminal:
Petition challenging computation of maximum sentence date by Parole Board; jurisdiction of the court; duty to transfer petition to court with jurisdiction
(Weller011916bt)
(Posted: January 21st 2016)
Criminal:
Motion to dismiss; documents obtained by prosecutor; attorney-client privilege; work product doctrine; waiver of attorney-client privilege
(Wilcox011916bt)
(Posted: January 21st 2016)
Civil:
Summary judgment motions; duty of landlords out-of-possession to tenant; actual knowledge of dangerous condition; nuisance per se; duty of vendor of property to tenant of purchaser; knowledge of vendor of dangerous condition
(Fulkrod012016A)
(Posted: January 20th 2016)
Criminal:
Appeal; sufficiency of the evidence that defendant committed the crimes; weight of the evidence; admissibility of expert testimony on eyewitness identification; case solely or primarily dependent on eyewitness identification testimony; claimed excessive sentence; consideration of the gravity of the offense with respect to the impact on the victim and the community; constitutionality of the deadly weapon used matrix in the sentencing guidelines, in light of Alleyne case
(Trapp20160114L)
(Posted: January 14th 2016)
Criminal:
Post conviction relief act petition; applicability of Alleyne decision to case pending on appeal; ineffective counsel; harmless error due to lack of prejudice; new sentencing hearing
(Coleman011416L)
(Posted: January 14th 2016)
Criminal:
Petition for decertification to juvenile court; serving the public interests; defendant's burden of proving that he is amenable to treatment, supervision or rehabilitation in the juvenile system; statutory considerations; lack of previous treatment through available resources designed to address juvenile criminal behaviors
(TG011316L)
(Posted: January 13th 2016)
Criminal:
Motion to determine offense number; offense grading; boating under the influence of alcohol; consideration of prior DUI convictions for grading purposes; implied lookback period; statutory interpretation; clear language of the statute; legislative intent
(Kiess011116L)
(Posted: January 12th 2016)
Criminal:
Post-sentence motion; sufficiency of evidence of witness intimidation and criminal use of a communication_x000d_
facility; calling a witness a rat and asking where he lived as raising inference of intimidation; sending text messages as use of communication facility; weight of evidence; claim that aggravated range sentences were excessive
(Moyer010716bt)
(Posted: January 9th 2016)
Criminal:
Post conviction relief act petition; claimed Brady violation; equal access to both parties of 911 recording and police internal affairs reports with subpoena; request for ballistics report that does not exist; lack of prejudice; internal affairs report about police officer firing a weapon as Brady material; factual basis for guilty plea for recklessly endangering another person after high speed vehicle pursuit; relationship of restitution to crime charged; claimed ineffective assistance of standby counsel
(Beatty010816L)
(Posted: January 9th 2016)
Civil:
Preliminary objections; sufficiency of allegations for negligence per se for harboring dangerous dog; necessity to plead exact sections of claimed Dog Law and Jersey Shore ordinance violations; fact pleading; specificity of pleading of special damages
(wagner010516g)
(Posted: January 9th 2016)
Black Wolf Rod & Gun Club, Inc. Vs. International Development Corporation, Pennlyco, Ltd., Southwestern Energy Production Company, and Virginia Energy Consultants, LLC
1.8.2016
Richard A. Gray
Civil:
Appeal; interpretation of deed language as to reserving subsurface rights; waiver of issues on appeal by failure to raise in trial court
(BlackWolf010816g)
(Posted: January 9th 2016)
Criminal:
Motion to dismiss; rule 600; excludable delay; delays in securing testing results
(Lewis010616L)
(Posted: January 6th 2016)
Criminal:
Post conviction relief act petition; ineffectiveness of counsel, illegal sentence, and judicial misconduct; timeliness; Alleyne argument; retroactive application of new constitutional right
(Buie122215m)
(Posted: January 5th 2016)
Civil:
Preliminary objections; absolute privilege; cause of action based upon expert report prepared as part of legal proceedings, which was pertinent and material to those proceedings; loss of absolute privilege by malice or abuse of privilege; professional board sanctions against expert
(Reese123115G)
(Posted: January 5th 2016)
Criminal:
Second post conviction relief act petition; reinstatement of appeal rights; jurisdiction of the court; timeliness of the petition; relief already denied by Pennsylvania Supreme Court
(Kilgus010416L)
(Posted: January 4th 2016)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court; prejudice for claimed misrepresentation of prior record score
(Kendall010416L)
(Posted: January 4th 2016)
Criminal:
Supplemental suppression motion; reasonable suspicion or probable cause to order defendant to stop; claimed forced abandonment of gun where officer stops vehicle near where Defendant was initially standing attempting to secret himself; mere encounter; reasonable belief that defendant was involved in criminal activity because of his flight and hiding from officer
(Greene010416L)
(Posted: January 4th 2016)
Criminal:
Appeal; violation of probation by failure to pay restitution; sentencing discretion; defendant's failure to make any effort to meet obligations and his misrepresentations to the court
(Farsworth123115L)
(Posted: January 4th 2016)
Civil:
Summary judgment motion; authority of president of a corporation to enter into consulting agreements within the ordinary course of business; exculpatory provisions for directors of corporation; evidence of breach of duty of good faith, loyalty or due care; self-dealing or material personal benefit
(RedRun123115G)
(Posted: January 4th 2016)
Criminal:
Omnibus pretrial motion; reasonable suspicion to stop vehicle; erratic driving and Vehicle Code violations; probable cause to arrest for DUI; satisfactory completion of field sobriety tests; PBT test results
(Sweeting123115L)
(Posted: January 1st 2016)
Criminal:
Exclusion of evidence of drugs on basis that it is unduly prejudicial; probative value; consolidation of cases for trial; prejudice by association with other defendants or because of conflicting defenses
(Ruley123015L)
(Posted: December 30th 2015)
Criminal:
Consolidation of failure to comply with registration of sexual offender's requirements offenses; evidence of each offense would be admissible in a separate trial for the other; separation of offenses by the jury; prejudice
(Reeder123015L)
(Posted: December 30th 2015)
Criminal:
Habeas corpus petition; claimed constructive possession of firearm and drug paraphernalia
(Cotton122415L)
(Posted: December 24th 2015)
Criminal:
Motion to dismiss; compulsory joinder rule; formerly prosecuted and convicted of offenses based on the same conduct or arising from the same criminal episode; no duplication of evidence
(Mays122415L)
(Posted: December 24th 2015)
Criminal:
Suppression motion; reasonable suspicion for vehicle stop
(Moore122415L)
(Posted: December 24th 2015)
Criminal:
Misfiled appeal of summary guilty plea; waiver of issues not raised at the trial court level; knowing, voluntary and intelligent guilty plea
(Darnell122415g)
(Posted: December 24th 2015)
Criminal:
Motion to quash subpoena of medical records; HIPPA compliance; HIPPA definition of covered entity; hospital's notice requirements; disclosure of medical records for law enforcement purposes; relevance of medical records for injuries sustained during flight from police; consciousness of guilt; suppression as remedy for violation of HIPPA: Uniform Act to Secure Out of State Witnesses as method to secure medical records
(Williams122315L)
(Posted: December 23rd 2015)
Criminal:
Appeal; claimed excessive sentence; extensive criminal record; several prior opportunities for rehabilitation; court comments that defendant was in the “business of killing people” by selling drugs; failure to accept responsibility for conduct or expressing remorse; activity that presents a clear and present danger to the community
(Laury122315L)
(Posted: December 23rd 2015)
Criminal:
Habeas corpus petition; failure to comply with registration of sexual offender's requirements; sufficiency of evidence; fact finder's evaluation of the weight and credibility of the testimony
(Winters122315L)
(Posted: December 23rd 2015)
Criminal:
Suppression motion; probable cause for warrant to search smartphone based on the amount of cash and marijuana in defendant's possession and belief that defendant was selling marijuana; overbroad warrant that allows search of all content on smartphone
(Coleman122115bt)
(Posted: December 21st 2015)
Keta Gas & Oil Company vs. Proctor, Rice, Mandell, Thacher, Joslin, Massachusetts General Hospital, and Brinker Hunting Club
12.18.2015
Dudley N. Anderson
Civil:
Petition to open March 14,1951 default judgment; notice issue; viability of affidavit attesting to the efforts to discover heirs; consideration of circumstances surrounding the swearing of the affidavit; assessment of diligence of the search; credibility of affidavit that is contradicted by contemporaneous attorney letters; authenticity of 65 year old attorney letters; hearsay statements contained within ancient documents; fraud
(Keta121815a)
(Posted: December 18th 2015)
Wills and Estates:
Petition to adjudicate incapacity and to appoint a guardian of the person and estate; authority of agent under general durable power of attorney to revoke healthcare power of attorney and living will; strict construction of powers of attorney; intent of principal; need for guardianship services in light of valid powers of attorney
(shearer121815L)
(Posted: December 18th 2015)
Criminal:
Habitual offender charge issue; driving without license or under suspension invoking criminal penalties for habitual offender, under the statute
(Jennings121615L)
(Posted: December 16th 2015)
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