Civil:
Competing petitions to confirm or to vacate arbitration award; personal jurisdiction over corporation president; waiver of objections
(Kiehl022916a)
(Posted: February 29th 2016)
AC vs. AB
2.29.2016
Dudley N. Anderson
Custody:
Complaint to establish paternity and for genetic testing; estoppel; abandonment
(AC022916a)
(Posted: February 29th 2016)
Commonwealth vs. Jennings
2.19.2016
Nancy L. Butts
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)
Commonwealth vs. JEG
2.22.2016
Dudley N. Anderson
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)
Commonwealth vs. Probst
2.16.2016
Nancy L. Butts
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)
Commonwealth vs. Stone
2.16.2016
Nancy L. Butts
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)
Commonwealth vs. Bigelow
2.16.2016
Nancy L. Butts
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)
Commonwealth vs. Cook
2.16.2016
Nancy L. Butts
Criminal:
Post-conviction relief act petition; timeliness; jurisdiction of the court; retroactive application of Alleyne case
(Cooke021616bt)
(Posted: February 20th 2016)
Commonwealth vs. Keys
2.16.2016
Nancy L. Butts
Criminal:
Post-conviction relief act petition; timeliness; jurisdiction of the court; retroactive application of Alleyne case
(Keys021616bt)
(Posted: February 20th 2016)
Commonwealth vs. Bodle
2.18.2016
Marc F. Lovecchio
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)
Commonwealth vs. Weever
2.18.2016
Marc F. Lovecchio
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)
Commonwealth vs. Masser
2.17.2016
Marc F. Lovecchio
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)
Commonwealth vs. Harris
2.16.2016
Richard A. Gray
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)
Commonwealth vs. Ball
2.16.2016
Marc F. Lovecchio
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)
Commonwealth vs. Jett
2.12.2016
Marc F. Lovecchio
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)
Commonwealth vs. Anderson
2.12.2016
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; unlawfully induced guilty plea; claim not supported by guilty plea documents
(Anderson021216L)
(Posted: February 13th 2016)
Commonwealth vs. Bell
2.5.2016
Nancy L. Butts
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)
Commonwealth vs. Chase
2.8.2016
Marc F. Lovecchio
Criminal:
Suppression motion; reasonable suspicion to stop vehicle for suspected DUI; erratic driving
(Chase020816L)
(Posted: February 8th 2016)
Commonwealth vs. Sowell
2.8.2016
Marc F. Lovecchio
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)
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)
Commonwealth vs. Gillespie
2.3.2016
Marc F. Lovecchio
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)
AXH Adoption
1.29.2016
Joy Reynolds McCoy
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)
Commonwealth vs. Allen
1.26.2016
Marc F. Lovecchio
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)
Commonwealth vs. Wilson
1.26.2016
Marc F. Lovecchio
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)
Commonwealth vs. McClain
1.26.2015
Marc F. Lovecchio
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)
Commonwealth vs. Coleman
1.21.2016
Marc F. Lovecchio
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)
Commonwealth vs. Andrews
1.19.2016
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; Alleyne v. United States issue; jurisdiction of the court
(Andrews011916bt)
(Posted: January 21st 2016)
Commonwealth vs. Arthur
1.19.2016
Nancy L. Butts
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)
Commonwealth vs. Sawyer
1.19.2016
Nancy L. Butts
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)
Commonwealth vs. Thomas
1.19.2016
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion to stop vehicle; vision impaired by objects in windshield
(Thomas011916bt)
(Posted: January 21st 2016)
Commonwealth vs. Weller
1.19.2016
Nancy L. Butts
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)
Commonwealth vs. Wilcox
1.19.2016
Nancy L. Butts
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)
Commonwealth vs. Trapp
1.14.2016
Marc F. Lovecchio
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)
Commonwealth vs. Coleman
1.14.2016
Marc F. Lovecchio
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)
Commonwealth vs. TG
1.13.2016
Marc F. Lovecchio
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)
Commonwealth vs. Kiess
1.11.2016
Marc F. Lovecchio
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)
Commonwealth vs. Moyer
1.7.2016
Nancy L. Butts
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)
Commonwealth vs. Beatty
1.8.2016
Marc F. Lovecchio
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)
Wagner vs. Teneyck
1.5.2016
Richard A. Gray
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)
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)
Commonwealth vs. Lewis
1.6.2016
Marc F. Lovecchio
Criminal:
Motion to dismiss; rule 600; excludable delay; delays in securing testing results
(Lewis010616L)
(Posted: January 6th 2016)
Commonwealth vs. Buie
12.22.2015
Joy Reynolds McCoy
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)
Commonwealth vs. Kilgus
1.4.2016
Marc F. Lovecchio
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)
Commonwealth vs. Kendall
1.4.2016
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court; prejudice for claimed misrepresentation of prior record score
(Kendall010416L)
(Posted: January 4th 2016)
Commonwealth vs.Greene
1.4.2016
Marc F. Lovecchio
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)
Commonwealth vs. Farnsworth
12.31.2015
Marc F. Lovecchio
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)
Commonwealth vs. Sweeting
12.31.2015
Marc F. Lovecchio
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)
Commonwealth vs. Ruley
12.30.2015
Marc F. Lovecchio
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)
Commonwealth vs. Reeder
12.30.2015
Marc F. Lovecchio
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)
Commonwealth vs. Cotton
12.24.2015
Marc F. Lovecchio
Criminal:
Habeas corpus petition; claimed constructive possession of firearm and drug paraphernalia
(Cotton122415L)
(Posted: December 24th 2015)
Commonwealth vs. Mays
12.24.2015
Marc F. Lovecchio
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)
Commonwealth vs. Moore
12.24.2015
Marc F. Lovecchio
Criminal:
Suppression motion; reasonable suspicion for vehicle stop
(Moore122415L)
(Posted: December 24th 2015)
Commonwealth vs. Harris
12.24.2015
Richard A. Gray
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)
Commonwealth vs. Williams
12.23.2015
Marc F. Lovecchio
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)
Commonwealth vs. Laury
12.23.2015
Marc F. Lovecchio
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)
Commonwealth vs. Winters
12.23.2015
Marc F. Lovecchio
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)
Commonwealth vs. Coleman
12.21.2015
Marc F. Lovecchio
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)
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)
Commonwealth vs. Jennings
12.16.2015
Marc F. Lovecchio
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)
Commonwealth vs. Smith
12.15.2015
Marc F. Lovecchio
Criminal:
Suppression motion; timeliness; interests of justice; fairness to the Commonwealth
(Smith121515L)
(Posted: December 15th 2015)
Johnston vs. Johnston
12.15.2015
Richard A. Gray
Civil:
Motions for summary judgment; quiet title action; presumptive validity; of conveyance by deed of real property; invalidating deed without the appropriate subdivision approval or in violation of a specific subdivision approval stipulation
(Johnston121515g)
(Posted: December 15th 2015)
Commonwealth vs. Hayman
12.14.2015
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause for arrest; possession of prescribed controlled substances that are loose, without having the prescription or container; information that defendant had committed or was in the process of committing a delivery of a controlled substance
(Hayman211415L)
(Posted: December 14th 2015)
Ball vs. Beckley
12.14.2015
Richard A. Gray
Civil:
Appeal; revoked IFP status; Prison Litigation Reform Act; request for injunctive relief due to danger of serious bodily injury; credibility of allegations; claimed lack of remedy; ability to move forward with case by paying costs
(Ball121415g)
(Posted: December 14th 2015)
Civil:
Motion to compel; Mental Health Procedures Act privilege of confidentiality; mental health at issue in case; waiver
(dyer121115a)
(Posted: December 11th 2015)
Commonwealth vs. Smith
12.11.2015
Marc F. Lovecchio
Criminal:
Suppression motion; investigative detention with handcuff use; reasonable suspicion to detain
(Smith121115L)
(Posted: December 11th 2015)
Commonwealth vs.Bigelow
12.11.2015
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel; factual basis for guilty plea; element of intent to commit a burglary; admissibility of seat belt evidence on child endangerment charge; issues of fact
(Bigelow121115bt)
(Posted: December 11th 2015)
Criminal:
Appeal of denial of private criminal complaint; District Attorney's decision patently discriminatory, arbitrary, or pretextual; adequate civil remedy
(Smith121115bt)
(Posted: December 11th 2015)
Commonwealth vs. Cosby
12.11.2015
Nancy L. Butts
Criminal:
Suppression motion; pat-down search; probable cause to arrest on admission of possession of marijuana
(Cosby121115bt)
(Posted: December 11th 2015)
Commonwealth vs. E.B.
12.11.2015
Nancy L. Butts
Criminal:
Petition for expungement of arrest record; charges withdrawn pursuant to a plea agreement
(EB121115bt)
(Posted: December 11th 2015)
Commonwealth vs. Packer
12.10.2015
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court; due diligence; particularity of allegations of requests to counsel
(Packer121015L)
(Posted: December 10th 2015)
Commonwealth vs. Andrews
12.4.2015
Nancy L. Butts
Criminal:
Suppression motion; probable cause to issue search warrant; substantial evidence in the record supporting decision to issue warrant; false statement knowingly and intentionally, or with reckless disregard for the truth, included in affidavit
(Andrews120415bt)
(Posted: December 9th 2015)
Commonwealth vs. Bonnell
12.4.2015
Nancy L. Butts
Criminal:
Suppression motion; probable cause to stop motor vehicle for violation; warrantless arrest for DUI
(Bonnell120415bt)
(Posted: December 9th 2015)
Commonwealth vs. Atwood
12.4.2015
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case of DUI
(Atwood120415bt)
(Posted: December 9th 2015)
Commonwealth vs. Barasky
12.7.2015
Marc F. Lovecchio
Criminal:
Habeas corpus petition; constructive possession of drugs; cocaine found not in plain sight in car of which defendant was neither the driver nor the owner; demeanor evidence; conspiracy count
(Barasky120715L)
(Posted: December 7th 2015)
Commonwealth vs. Welshans
12.7.2015
Marc F. Lovecchio
Criminal:
Petition for return of property; timeliness
(Welshans120715L)
(Posted: December 7th 2015)
Commonwealth vs. Handy
12.3.2015
Dudley N. Anderson
Criminal:
Post-sentence motion; sufficiency and weight of evidence of drug charges; claimed excessive sentence; offender with multiple drug convictions and failed rehabilitation efforts
(Handy120315a)
(Posted: December 3rd 2015)
Civil:
Non-jury trial; declaratory relief request regarding property access; existence of injury that would allow for relief; enforcement of revocable license; reasonableness of placement of speed bumps on right-of-way by property owner; proof of damages
(thursby120215a)
(Posted: December 2nd 2015)
Commonwealth vs. Hoffman
12.2.2015
Marc F. Lovecchio
Criminal:
Suppression motion; Miranda warnings; custodial interrogation; totality of the circumstances; voluntariness of statements; statements obtained without counsel; compelling bill of particulars; allowing defendant to prepare a defense and avoid surprise; compelling discovery expert's opinions; motion in limine relating to polygraph and lack of remorse; relevance; prejudice; request for equal access to investigation of juror investigations; work product; disclosure of potential juror criminal record; excluding inflammatory photographs; request that that spectators not wear at trial any inflammatory materials
(Hoffman120215L)
(Posted: December 2nd 2015)
Commonwealth vs. Williams
12.1.2015
Marc F. Lovecchio
Criminal:
Motion to amend information; defect in the description of the offense; prejudice; same factual scenario as crimes specified in original criminal complaint
(williams120115L)
(Posted: December 1st 2015)
Civil:
Non-jury trial; contract case; consideration of past practices between the parties; reliance; unjust enrichment; interest and attorney's fees; arbitrary or vexatious conduct
(RSJ112415a)
(Posted: November 24th 2015)
Civil:
Motions for leave to file amended pleadings; jurisdiction of the court after ordering the joinder of necessary parties and those parties not having been joined; futility of amendment to add count which simply puts the issue in a different form; prejudice; necessity of joining assignees who have a direct essential interest in the claim
(southwestern112415a)
(Posted: November 24th 2015)
Commonwealth vs. Lopez
11.20.2015
Marc F. Lovecchio
Criminal:
Habeas corpus petition; sufficiency of evidence of constructive possession of controlled substances; power to control contraband and intent to exercise such control; equal access by another to location of contraband; motion to suppress social security card as not seizure not being authorized by the search warrant
(Lopez112015L)
(Posted: November 20th 2015)
Commonwealth vs. Martin
11.20.2015
Marc F. Lovecchio
Criminal:
Motion to dismiss; Compulsory Joinder Rule; prosecution barred by conviction for criminal conduct arising from the same criminal episode; second criminal offense not known to prosecuting officer
(Martin112015L)
(Posted: November 20th 2015)
Armson vs. Aquarius Pools
11.20.2015
Richard A. Gray
Civil:
Preliminary objections; claimed Unfair Trade Practices and Consumer Protection Law violations; gist of the action doctrine as barring a statutory cause of action; social duty owed to the public; statutory construction; specificity of complaint
(Armson112015g)
(Posted: November 20th 2015)
Commonwealth vs. Smith
11.19.2015
Nancy L. Butts
Criminal:
Post-sentence motion; sufficiency of evidence of possession of a firearm; constructive possession; weight of the evidence
(Smith111915bt)
(Posted: November 19th 2015)
Commonwealth vs.Eiland
11.19.2015
Nancy L. Butts
Criminal:
Suppression motion on remand from reversal of previously ordered suppression; timeliness; waiver; determination of reasonable suspicion; objective test
(Eiland111915bt)
(Posted: November 19th 2015)
Ball vs. Craver and Hill
11.15.2015
Richard A. Gray
Civil:
Appeal; Prison Litigation Reform Act revocation of IFP status; engaging in a pattern of repeated and entirely unsuccessful litigation against correction officers
(Ball111515g)
(Posted: November 15th 2015)
Commonwealth vs. Jackson
11.13.2015
Marc F. Lovecchio
Criminal:
Post sentence motion; sufficiency of evidence of voluntary manslaughter or aggravated assault; burden of disproving self-defense claim; stabbing unconscious victim; consciousness of guilt by lying to authorities about knowledge of whereabouts of victim after death and by hiding all evidence of the killing; admissibility of evidence of victim refusing to leave a picnic on another occasion; cumulative evidence; testimony of police officers about past violence and crimes of the victim; knowledge of defendant at the time of the killing; admissibility of evidence of the victim using a knife to threaten someone in the past, where no weapon was used in assaulting defendant; harmless error
(Jackson111315L)
(Posted: November 13th 2015)
Commonwealth vs. Wilson
11.12.2015
Marc F. Lovecchio
Criminal:
Habeas corpus petition; prima facie case conspiracy to sell controlled substances; constructive possession; accomplice liability
(Wilson111215L)
(Posted: November 12th 2015)
Civil:
Summary judgment motion; real estate transaction; existence of attorney client relationship; duty; proof of actual loss; speculative nature of these subsurface rights
(mahonski111215Saylor)
(Posted: November 12th 2015)