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Petition for expungement of arrest record; charges withdrawn pursuant to a plea agreement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)
Civil:
Appeal
(Cornwalll111015a)
(Posted: November 10th 2015)
Civil:
Summary judgment motion; slip and fall case; open and obvious danger; duty under the circumstances; objective or subjective standard; appreciation of the risk
(Flook112316L)
(Posted: November 10th 2015)
Commonwealth vs. Kuhns
11.9.2015
Marc F. Lovecchio
Criminal:
motion for return of property animal after acquittal of animal cruelty charges; burden of proving that subject property is derivative contraband; criminal offense owner failing to provide care to seriously injured animal; acquittal as having preclusive effect in subsequent proceeding on motion for return of property
(kuhns110915L)
(Posted: November 9th 2015)
Commonwealth vs. Wolfgang
11.9.2015
Marc F. Lovecchio
Criminal:
Motion to dismiss charges of drug possession and public drunkenness; drug overdose immunity statute; intent of statute; affording immunity to overdosing person
(Wolfgang110915L)
(Posted: November 9th 2015)
Commonwealth vs. Boyd
11.9.2015
Marc F. Lovecchio
Criminal:
Appeal of murder conviction; appropriateness of corrupt source jury instruction; discretion of court in phrasing its instructions to the jury; admissibility of time line; discretion of the trial court; weight of the evidence; police officer's explanation of time estimates relating to surveillance camera evidence; court discretion to allow exhibits to go to the jury; sufficiency of evidence of malice and specific intent; weight of the evidence where there are contradictions in the testimony
(Boyd110915L)
(Posted: November 9th 2015)
Commonwealth vs. Charles
11.6.2015
Nancy L. Butts
Criminal:
Motion to suppress statements made after arrest; credibility of police officer testimony; necessity of Miranda warnings; knowing and voluntary waiver of constitutional rights; totality of the circumstances; probable cause for arrest for DUI
(Charles110615bt)
(Posted: November 6th 2015)
Commonwealth vs. Flanagan
11.6.2015
Nancy L. Butts
Criminal:
Suppression motion; warrantless entry into hotel room; reasonable suspicion; odor of marijuana constituting probable cause justifying a warrantless arrest; protective sweep; inevitable discovery of drugs; request for on-the-record Brady colloquy
(Flanagan110615bt)
(Posted: November 6th 2015)
Criminal:
Motion to suppress nunc pro tunc; reasonable suspicion to conduct a patdown search; totality of the circumstances
(Blackwell110615bt)
(Posted: November 5th 2015)
Ritter vs. Makos
11.5.2015
Richard A. Gray
Civil:
preliminary objections in the nature of a demurrer; interpretation of § 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law; claim by parent in her own right for damages sustained by child, being claimed by child in separate suit
(Ritter110515g)
(Posted: November 5th 2015)
Carmody vs. Norris
11.4.2015
Dudley N. Anderson
Civil:
Preliminary objections; appeal from magisterial district court decision; striking impertinent and scandalous material from the complaint
(carmody110415a)
(Posted: November 4th 2015)
Jordan vs. Snyder
11.4.2015
Dudley N. Anderson
Civil:
Preliminary objections; specificity of complaint; restricting general averments of negligence to specific factual averments; allegation of violation of, without reference to, laws and regulations
(jordan110415a)
(Posted: November 4th 2015)
Commonwealth vs. Gatz
10.27.2015
Nancy L. Butts
Criminal:
Post sentence motion; sufficiency of evidence for a duress instruction; trial continuance request due to claimed unavailability of trial witness; sentence reconsideration
(Gatz102715bt)
(Posted: November 2nd 2015)
Commonwealth vs. McDowell
11.2.2015
Marc F. Lovecchio
Criminal:
Pretrial motions; pro se defendant; probable cause to arrest; investigation related to probable attempted crime, that was not committed; need for arrest warrant; delayed arraignment; probable cause to seize vehicle; unduly suggestive photo identification
(McDowell110215L)
(Posted: November 2nd 2015)
Commonwealth vs. Garcia
10.24.2015
Nancy L. Butts
Criminal:
Post-conviction collateral relief petition; timeliness; ineffective counsel; effectiveness of cross-examination of a witness; general accusations of insufficient communication with defendant; issues unsuccessfully litigated through appeal; lack of specific allegation of how supposed poor trial strategy affected the truth-determining process
(Garcia102516bt)
(Posted: October 24th 2015)
Commonwealth vs. Asher
10.23.2015
Marc F. Lovecchio
Criminal:
Habeas corpus petition; loaded and cocked firearm gun left accessible to child; required mens rea of recklessness; prima facie case; mens rea of negligence
(Asher102315L)
(Posted: October 23rd 2015)
Administrative Appeal:
PLCB license refusal appeal; de novo hearing; accidental RAMP lapse; violations before Conditional Licensing Agreement; remotely located disturbance between patrons; corrective measures
(JSEEnterprises102315g)
(Posted: October 23rd 2015)
Commonwealth vs. Theis
10.22.2015
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause to arrest for DUI; police officer's observations of erratic driving and odor of an alcoholic beverage; meaningless field sobriety testing
(theis102215L)
(Posted: October 22nd 2015)
Civil:
Appeal; writ of scire faicas; tapping fee; revised EDU assessment; no evidence of deception by owner; no change in use; claimed unfair burden on water and sewer authorities; waiver of issues not raised in lower court
(ValleyTruck102215g)
(Posted: October 22nd 2015)
Civil:
Non-jury trial; swimming pool contract; substandard workmanship and improper installation; operation of warranty; Unfair Trade Practices and Consumer Protection Law claim; unintentional violation; award of attorney's fees; personal responsibility of corporate officer under participation theory
(bragalone102015a)
(Posted: October 20th 2015)
Commonwealth vs. Williams
10.19.2015
Nancy L. Butts
Criminal:
Appeal; grading of intimidation of a victim offense; admissions of defense counsel
(Williams101915bt)
(Posted: October 19th 2015)
Civil:
Preliminary objections; quiet title action concerning subsurface rights; proper form of action; indispensable parties; construction of deed; interpretation of "excepting and reserving" language
(BlackWolf101615g)
(Posted: October 16th 2015)
Civil:
Motion for partial judgment on the pleadings; contract claim; enforcement of physician services agreement; admission by failure to deny specifically
(Conly101615g)
(Posted: October 16th 2015)
Commonwealth vs. Walker
10.15.2015
Marc F. Lovecchio
Criminal:
Habeas corpus petition; sufficiency evidence to prove prima facie case; identification of defendant as perpetrator of offenses; evidence that defendant shot gun; accomplice liability; evidence of agreement sufficient to establish conspiracy; suppression motion; probable cause for search warrant; nexus between crime that defendant allegedly committed and place to be searched; Brady colloquy issue; required showing by defendant
(Walker101515L)
(Posted: October 15th 2015)
Commonwealth vs. JH
10.13.2015
Nancy L. Butts
Criminal:
Commonwealth motion to admit out of court statements; Tender Years Statute; testimonial statements; existence of an ongoing emergency; interview conducted as part of a criminal investigation; determination of whether a child witness is unavailable; serious emotional distress to the child; sufficiently reliable hearsay statements made by child witness
(JH101315bt)
(Posted: October 13th 2015)
Commonwealth vs.Snyder
10.12.2015
Marc F. Lovecchio
Criminal:
Violation of parole, probation and intermediate punishment; claimed unlawful search and seizure of cell phone by adult probation officer; voluntary consensual search; acquiescence to probation officers' authority; custodial questioning without being provided Miranda warnings; differences between probation violation hearing and a trial; suppression of evidence; authentication of text messages
(Snyder101215L)
(Posted: October 12th 2015)
Civil:
Motion to reconsider denial of motion for judgment on the pleadings; authority of court to fashion equitable remedy where there is an unambiguous legislative decree; applicability of equitable principles of estoppel to prevent the attempt to avoid enforcement of the contract by asserting its invalidity under the Guaranteed Minimum Royalty Act; certification for appeal
(Southwestern100915a1)
(Posted: October 9th 2015)
Civil:
Motions to order joinder of necessary parties; indispensable parties; direct essential interest; assignees of _x000d_
interest in gas lease whose rights will be affected by any invalidation of the lease
(Southwestern100915a2)
(Posted: October 9th 2015)
Commonwealth vs. Faison
10.1.2015
Nancy L. Butts
Criminal:
Appeal; probable cause; investigative detention
(Faison100115bt)
(Posted: October 7th 2015)
Commonwealth vs. Balevicz
10.6.2015
Marc F. Lovecchio
Criminal:
Petition to enforce guilty plea/motion to dismiss; failure to comply with sexual offender registration requirements; enforcement of plea agreement; venue; date from which registration requirement runs
(Balevicz100615L)
(Posted: October 6th 2015)
Commonwealth vs. Sears
10.2.2015
Marc F. Lovecchio
Criminal:
Post-sentence motion; sufficiency of evidence of malice to convict defendant of third degree murder; inferred malice; pointing a gun at another individual not knowing for certain whether gun is loaded; unduly harsh and excessive sentence; abuse of discretion; standard guideline sentence; defendant who was in possession of stolen firearm, playing with it while watching cartoons and then, with only the slightest of provocation, killed his best friend; protection of the public
(Sears100215L)
(Posted: October 2nd 2015)
Civil:
Preliminary objections; unfair competition; puffing; claims so far afield of the traditional claims of unfair competition to be recognized; issues more appropriately directed to licensing board; defamation or tortious interference with existing or prospective contractual relations; more specific pleading; insufficient factual basis; scandalous or impertinent matter
(knisely092515g)
(Posted: October 2nd 2015)
Commonwealth vs. Carter
10.2.2015
Richard A. Gray
Criminal:
Appeal; sentencing discretion; sentence within the sentencing guidelines; consideration of arguments in favor of a mitigated sentence; his lack of remorse
(carter100215g)
(Posted: October 2nd 2015)
Crouse vs. Compagni and Eden
9.30.2015
Dudley N. Anderson
Civil:
Summary judgment motion; quiet title action; estoppel to assert anything in derogation of his deed, as against the grantee; applicability to successors; avoiding summary judgment with mere denials
(Crouse093015a)
(Posted: September 30th 2015)
Commonwealth vs. Bean
9.29.2015
Nancy L. Butts
Criminal:
Motion to release on nominal bail; rule 600; pretrial incarceration in excess of 180 days; excludable time
(Bean092915bt)
(Posted: September 30th 2015)
Commonwealth vs. Brown
9.29.2015
Nancy L. Butts
Criminal:
Commonwealth's reconsideration motion; admissibility of non-testimonial statements of child to health care provider; Pennsylvania constitutional protections; spontaneous statements; Tender Years Statute; motive to fabricate; reliability of statements; relevance
(Brown092915bt)
(Posted: September 30th 2015)
Commonwealth vs. Sailor
9.29.2015
Marc F. Lovecchio
Criminal:
Commonwealth motion in limine; adequacy of expert report relating to marijuana use and impairment from its use; basis for conclusions; remedy for discovery violation; production of supplemental report
(sailor092915L)
(Posted: September 29th 2015)
Commonwealth vs. Beatty
9.25.2015
Dudley N. Anderson
Criminal:
Amended post conviction relief act petition; reapplying credit for time served to sentence on charges where credit will have an effect to reduce the sentence
(Beatty092515a)
(Posted: September 26th 2015)
Commonwealth vs. Baldwin
9.23.2015
Nancy L. Butts
Criminal:
Commonwealth motion for reconsideration of dismissal of charges; use of "Pennsylvania State Police Sexual Offender Registration Megan's Law" form as evidence to establish registration requirement; notice that defendant was contesting the duty to register; evidence of Pennsylvania residency; reopening the record
(Baldwin092315bt)
(Posted: September 26th 2015)
Commonwealth vs. Shetler
9.22.2015
Nancy L. Butts
Criminal:
Suppression motion; questions to driver during accident investigation; custodial interrogation; Miranda rights; reasonable suspicion before asking motorist to perform field sobriety tests; probable cause to arrest for DUI
(Shetler092215bt)
(Posted: September 26th 2015)
Commonwealth vs. Coles
9.25.2015
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle stop due to inaccurate PennDOT record of vehicle registration suspension for insurance cancellation; lack of good faith exception
(coles092515L)
(Posted: September 26th 2015)
Commonwealth vs. Lambert
9.22.2015
Marc F. Lovecchio
Criminal:
Motion to dismiss; rule 600; excusable delay; circumstances beyond the Commonwealth's control; unavailability of trial days or the court; prejudice to defendant
(Lambert092215L)
(Posted: September 24th 2015)
Commonwealth vs. Allen
9.24.2015
Marc F. Lovecchio
Criminal:
Motion to dismiss; rule 600; nominal bail; excludable time; due diligence to locate defendant; reasonable efforts; defendant's misconduct in giving a false name to police; Commonwealth's request to keep the record open
(Allen092415L)
(Posted: September 24th 2015)
CH vs. EB
9.22.2015
Dudley N. Anderson
Family:
Complaint to establish paternity and for genetic testing; child conceived or born during marriage; extra-marital affair; presumption of paternity
(ch092215a)
(Posted: September 22nd 2015)
Criminal:
Post-sentence motion; claim of unduly harsh and excessive sentence; mental health issues; issues considered during sentencing hearing; sentences within the standard range; consecutive sentences
(Mixon-Love091816bt)
(Posted: September 21st 2015)
Stark vs. PaDOT
9.17.2015
Joy Reynolds McCoy
Administrative Appeal:
Driver license suspensions; sale of controlled substances; multiple criminal offenses; determination of number of criminal episodes; crimes occurring on different dates; prima facie showing by Commonwealth
(Stark091715m)
(Posted: September 19th 2015)
Commonwealth vs. G.S.
9.18.2015
Richard A. Gray
Civil:
Motion for preliminary injunction to force inmate to undergo blood transfusions and related care and testing; executed living will refusing advanced or heroic health care, including transfusions; competency; constitutionally protected liberty interest in refusing unwanted medical treatment; lack of compelling state interest requiring medical care
(GS091815g)
(Posted: September 18th 2015)
Commonwealth vs. Bodle
9.17.2015
Richard A. Gray
Criminal:
Appeal; character evidence; opening the door to unfavorable evidence
(Bodle091715g)
(Posted: September 18th 2015)
Commonwealth vs. Gadson
9.16.2015
Dudley N. Anderson
Criminal:
Motion in limine; contents of the text message; hearsay objection; exceptions; circumstances clearly indicating trustworthiness of statement tending to expose the declarant to criminal liability
(Gadson091615a)
(Posted: September 17th 2015)
HM and SM Adoption
9.15.2015
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights filed by maternal grandparents; parent evidencing settled purpose of relinquishing parental claim to child or refusing or failing to perform parental duties; lack of recent contact; bond between the children and mother which is necessary and beneficial; termination meeting children's needs and welfare
(AdoptionofHMandSM091515m)
(Posted: September 17th 2015)
Commonwealth vs. Jones
9.10.2015
Marc F. Lovecchio
Criminal:
Appeal
(Jones091015L)
(Posted: September 15th 2015)
Commonwealth vs. Laubach
9.14.2015
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; Megan's Law registration for luring charge; timeliness; court's jurisdiction to act; waiver
(Laubach091415L)
(Posted: September 15th 2015)
Guffy Estate
9.14.2015
Marc F. Lovecchio
Wills and Estates:
Petition to Remove executor and trustee; “substantial” reason to remove a fiduciary; interests of estate or trust likely to be jeopardized; failed to comply with statutory duties; conflict of interest; failure to hire competent, legal and financial experts
(guffy091415L)
(Posted: September 15th 2015)
Administrative Appeal:
Objections to writ of scire facias; failure to file complaint on appeal from district justice's decision; applicability of the doctrine of res judicata to a municipal claim even though prior action had been dismissed for failure to prosecute
(donly091515a)
(Posted: September 15th 2015)
Commonwealth vs. Monroe
9.9.2015
Marc F. Lovecchio
Criminal:
Appeal; timeliness of post-conviction relief act petition; waiver of claims by failure to raise them during proceedings; arrest without warrant based on officer's observations of felony; search incident to arrest; retroactive effect of Alleyne case
(Monroe090915L)
(Posted: September 9th 2015)
In re Stuart
9.9.2015
Marc F. Lovecchio
Wills and Estates:
Exceptions to denial of petition to set aside real estate conveyance; timeliness under Orphan's Court Rules; oral motion to proceed nunc pro tunc; equities argument; counsel's negligence; extraordinary circumstances involving fraud or some breakdown in the court's operation; abuse of discretion
(stuart090915L)
(Posted: September 9th 2015)
Commonwealth vs. Sowell
9.8.2015
Marc F. Lovecchio
Criminal:
Post conviction relief act petition response to notice of intent to dismiss; excessive sentence claim; waiver; self-representation; consideration of extensive criminal history not reflected in prior record score; felony grading of conviction for fleeing and eluding charge when police are endangered; need to protect the public
(Sowell090815L)
(Posted: September 8th 2015)
In re Hiller
8.21.2015
Marc F. Lovecchio
Administrative Appeal:
Petition for involuntary mental health treatment; state prison inmate; refusal to take medication; lack of insight into her mental condition; likelihood of clear and present danger to self or others if released into prison population
(hiller082115L)
(Posted: September 4th 2015)
Commonwealth vs. Wright
9.3.2015
Marc F. Lovecchio
Criminal:
Suppression motion; voluntariness of spontaneous statements made by defendant, while he was intoxicated; confession that was the product of coercion, duress, or the use of other measures by interrogators deliberately calculated to overcome free will; right to counsel prior to filing criminal charges; weight of statements for the jury
(Wright090315L)
(Posted: September 3rd 2015)
Commonwealth vs. Schenck
9.4.2015
Marc F. Lovecchio
Criminal:
Post-sentence motion; weight and sufficiency of evidence; identification of defendant as perpetrator of assault against child; circumstantial evidence; sole caretaker of child; medical testimony relating injuries to assault
(schenck090415L)
(Posted: September 3rd 2015)
Commonwealth vs. Faison
9.2.2015
Dudley N. Anderson
Criminal:
Appeal; sufficiency of evidence that defendant sold heroin; motion for mistrial based on the fact that _x000d_
confidential informant's criminal record was provided to defense counsel the morning of trial; right to confrontation; issues adequately addressed in cross-examination
(Faison090215a)
(Posted: September 2nd 2015)
LWH vs. JLF
8.25.2015
Joy Reynolds McCoy
Divorce:
Petition to enforce settlement agreement and for contempt; interpretation of property settlement agreement; clear and unambiguous language; wrongful intent; attorney's fees
(lwh082815m)
(Posted: September 1st 2015)
Commonwealth vs. Benefield
8.31.2015
Marc F. Lovecchio
Criminal:
Motion to dismiss; rule 600; police due diligence in trying to locate defendant, who did not appear for scheduled appointments
(benefield083115L)
(Posted: August 31st 2015)
Discover Bank vs. Wade
8.27.2015
Dudley N. Anderson
Civil:
Petition to open judgment; credit card collection case; defendant's burden to open judgment; timeliness; failure to set forth proper defense or attach proposed answer; validity of service on sister
(DiscoverBank082715a)
(Posted: August 27th 2015)
Commonwealth vs. Baldwin
8.24.2015
Nancy L. Butts
Criminal:
Habeas corpus petition; failure to comply with sexual offender registration requirements; requirement of Pennsylvania registration for offender who is working and living in Ohio; prima facie case; applicability of Megan's Law I where offender not under Pennsylvania supervision; applicability of Megan's Law II or Megan's Law III where defendant not in the custody of correctional authorities; registration requirements of SORNA
(Baldwin082415bt)
(Posted: August 26th 2015)
Administrative Appeal:
Petition for review of Office of Open Records determination; request to Lycoming County under Right-to-Know Law for County Commissioner appointment candidate list; Court of Common Pleas appointment; obligation of county to provide judicial agency record
(LycomingCounty081315Leete)
(Posted: August 25th 2015)
Civil:
Preliminary objections; claim against township for negligent failure to install catch basins for run-off water; law of surface waters; attacking municipality discretion in providing drainage; incremental increase in rate of water flow caused by macadam's lack of porosity
(scott082515a)
(Posted: August 25th 2015)
Civil:
Motion in limine; expert testimony beyond the scope of the complaint or irrelevant; motion for leave to amend; amplification of the pleaded negligence; prejudice
(palmer082015g)
(Posted: August 24th 2015)
Commonwealth vs. Kanski
8.24.2015
Dudley N. Anderson
Criminal:
Appeal; sufficiency of evidence of DUI
(Kanski082415a)
(Posted: August 24th 2015)
ADB vs. AMK
8.21.2015
Nancy L. Butts, Dudley N. Anderson, Richard A. Gray, Marc F. Lovecchio, Joy Reynolds McCoy
Custody:
En banc opinion on motion for reconsideration, with dissenting and concurring opinions; request for genetic testing; challenge to acknowledgment of paternity; fraud, duress or material mistake of fact; statutory restrictions to challenge to acknowledgment; applicability of best interests of the child analysis, under statute
(adb082115m)
(Posted: August 21st 2015)