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:
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)
Criminal:
Suppression motion; timeliness; interests of justice; fairness to the Commonwealth
(Smith121515L)
(Posted: December 15th 2015)
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)
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)
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)
Criminal:
Suppression motion; investigative detention with handcuff use; reasonable suspicion to detain
(Smith121115L)
(Posted: December 11th 2015)
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)
Criminal:
Suppression motion; pat-down search; probable cause to arrest on admission of possession of marijuana
(Cosby121115bt)
(Posted: December 11th 2015)
Criminal:
Petition for expungement of arrest record; charges withdrawn pursuant to a plea agreement
(EB121115bt)
(Posted: December 11th 2015)
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)
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)
Criminal:
Suppression motion; probable cause to stop motor vehicle for violation; warrantless arrest for DUI
(Bonnell120415bt)
(Posted: December 9th 2015)
Criminal:
Habeas corpus petition; prima facie case of DUI
(Atwood120415bt)
(Posted: December 9th 2015)
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)
Criminal:
Petition for return of property; timeliness
(Welshans120715L)
(Posted: December 7th 2015)
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)
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)
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)
RSJ Enterprises, Inc. vs. Bognet, Inc. and Fidelity and Deposit Company of Maryland
11.24.2015
Dudley N. Anderson
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)
Southwestern Energy Production Company vs. Forest Resources, LLC., et. al
11.24.2015
Dudley N. Anderson
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)
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)
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)
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)
Criminal:
Post-sentence motion; sufficiency of evidence of possession of a firearm; constructive possession; weight of the evidence
(Smith111915bt)
(Posted: November 19th 2015)
Criminal:
Suppression motion on remand from reversal of previously ordered suppression; timeliness; waiver; determination of reasonable suspicion; objective test
(Eiland111915bt)
(Posted: November 19th 2015)
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)
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)
Criminal:
Habeas corpus petition; prima facie case conspiracy to sell controlled substances; constructive possession; accomplice liability
(Wilson111215L)
(Posted: November 12th 2015)
Mahonski vs. Rider, Roman and the Law Offices of Joseph L. Rider, et. al
11.12.2015
Charles Saylor, Specially Presiding
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)
Cornwall Mountain Investments, L.P. vs. Thomas E. Proctor Heirs Trust, et al.
11.10.2015
Dudley N. Anderson
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)
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)
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)
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)
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)
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)
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)
Civil:
Preliminary objections; appeal from magisterial district court decision; striking impertinent and scandalous material from the complaint
(carmody110415a)
(Posted: November 4th 2015)
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)
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)
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)
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)
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)
J.S.E. Enterprises, Inc. t/a J.P.?s Sports Bar & Grill vs. Pennsylvania Liquor Control Board
10.23.2015
Richard A. Gray
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)
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)
Lycoming County Water and Sewer Authority vs. Valley Truck Ventures, LLC.
10.22.2015
Richard A. Gray
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)
Bragalone vs Aqua Vantage Pools & Spas, Wilkes Pool of Mifflin, Pool Tech of Mifflin, Inc., Barrera, Price and Pool Tech, Inc.
10.20.2015
Dudley N. Anderson
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)
Criminal:
Appeal; grading of intimidation of a victim offense; admissions of defense counsel
(Williams101915bt)
(Posted: October 19th 2015)
Black Wolf Rod & Gun Club, Inc. Vs. International Development Corporation, Pennlyco, Ltd., Southwestern Energy Production Company, and Virginia Energy Consultants, LLC
10.16.2015
Richard A. Gray
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)
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)
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)
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)
Southwestern Energy Production Company vs. Forest Resources, LLC., et. al
10.9.2015
Dudley N. Anderson
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)
Southwestern Energy Production Company vs. Forest Resources, LLC., et. al
10.9.2015
Dudley N. Anderson
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)
Criminal:
Appeal; probable cause; investigative detention
(Faison100115bt)
(Posted: October 7th 2015)
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)
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)
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)
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)
Criminal:
Motion to release on nominal bail; rule 600; pretrial incarceration in excess of 180 days; excludable time
(Bean092915bt)
(Posted: September 30th 2015)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
Criminal:
Appeal; character evidence; opening the door to unfavorable evidence
(Bodle091715g)
(Posted: September 18th 2015)
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)
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)
Criminal:
Appeal
(Jones091015L)
(Posted: September 15th 2015)
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