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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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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
Lycoming County vs. Salvatoi and The Williamsport Sun-Gazette
8.17.2015
John B. Leete, Specially Presiding
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)
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)
Criminal:
Post-sentence motion; weight and sufficiency of evidence of defendant's identity as perpetrator of crime; admissibility of expert testimony about eyewitness identification; excessive sentence; applicability of the Alleyne decision to sentencing guidelines relating to use of firearm
(Trapp082115L)
(Posted: August 21st 2015)
Administrative Appeal:
Agency appeal; results of video inspections of properties to determine sources of nonpolluted water into the sewer; noncomplying lateral sewer pipe; replacement order; findings not supported by substantial evidence or error as a matter of law; inferences from production of incomplete expert review; reasonable reliance upon credible witnesses
(shams080615g)
(Posted: August 18th 2015)
Criminal:
Appeal; probation violation; standard conditions for sex offenders relating to possessing, viewing, and reading sexually explicit materials; knowing request for and receipt of adult pornographic material while in prison
(Copenhaver081815L)
(Posted: August 18th 2015)
Criminal:
Post sentence motion; sufficiency of evidence of possession with intent to deliver; inferences from quantity of drugs possessed and other surrounding circumstances; weight of the evidence; verdict shocking court's sense of justice
(Faison081415bt)
(Posted: August 17th 2015)
Keta Gas & Oil Company vs. Proctor, Rice, Mandell, Thacher, Joslin, Massachusetts General Hospital, and Brinker Hunting Club
8.14.2015
Dudley N. Anderson
Civil:
Petition to strike or open 1951 default judgment; defect on the face of the record; sufficiency of description of land; facts outside the record; lack of separately assessed mineral rights; attacking validity of affidavit of counsel that the individual defendants' whereabouts were unknown; need for evidentiary hearing
(Keta081415a)
(Posted: August 14th 2015)
Southwestern Energy Production Company vs. Forest Resources, LLC., et. al
8.14.2015
Dudley N. Anderson
Civil:
Motions for judgment on the pleadings; remand from appeal; violation of Guaranteed Minimum Royalty Act; fact issues; estoppel precluding argument against enforcement of agreement; statute of limitations
(Southwestern081415a)
(Posted: August 14th 2015)
Criminal:
Suppression motion; reasonable suspicion to stop vehicle for DUI; totality of circumstances; erratic driving
(Rowe81215bt)
(Posted: August 14th 2015)
Civil:
Motion in limine; expert testimony to support claims of injuries that manifested themselves through pain and swelling immediately after the accident; admission of records and reports of medical providers in arbitration; release of servant affecting claim against master; waiver of limited tort defense by failure to file new matter
(Fidler081415a)
(Posted: August 14th 2015)
Criminal:
Post sentence motion; sufficiency of evidence; statutory rape; penetration requirement; uncorroborated testimony of a sexual assault victim; Intimidation of witnesses or victims; weight of evidence; excessive sentence
(Williams081315bt)
(Posted: August 14th 2015)
Criminal:
Appeal; post conviction hearing act petition; ineffective counsel; calculation of prior record score; retroactive application of Alleyne case issues; disclosure of Brady evidence; District Attorney's obligation to acquire information about investigation of trooper; sufficiency of evidence; waiver of issues first raised on appeal; character witness evidence
(Barto081215L)
(Posted: August 12th 2015)
Civil:
Motion for preliminary injunction; planned high school construction project; intervening election with possible change in school board composition; court functioning as super school board; authority of school board to lawfully award bids or execute contracts in discharge of duties as a part of extended deliberative process; absence of arbitrary or capricious conduct, abuse of discretion or bad faith
(snell081115A)
(Posted: August 11th 2015)
Criminal:
Appeal; claimed excessive sentence after revocation of intermediate punishment; absconding from supervision three times
(Wilson080715L)
(Posted: August 10th 2015)
Adoption:
Parents' petition to voluntarily relinquish parental rights to agency; dependent child who has been excluded from parent's home due to disciplinary and safety issues; agency opposition to relinquishment due to yet untried services that could be tried by the family; parents belief that they are physically or mentally unable to raise child; relinquishment creating an unadoptable orphan; premature petition
(CR080315m)
(Posted: August 5th 2015)
Criminal:
Post conviction relief act petition; claims raised on direct appeal, which were rejected; ineffective counsel; merit of claims; self representation; waiver; lack of prejudice; impact of counsel violating the Rules of Professional Conduct; excessive sentence; lack of fingerprinting as reason for dismissal of charges; frivolous procedural issues; jurisdiction of court
(Sowell080415L)
(Posted: August 4th 2015)
Criminal:
Second post conviction relief act petition; timeliness; jurisdiction of the court; issues previously litigated or waived; issue raising constitutionality of mandatory sentence where no mandatory sentence was imposed
(Walker080413L)
(Posted: August 4th 2015)
Criminal:
Second post conviction act petition; timeliness; jurisdiction of the court
(Robinson080415L)
(Posted: August 4th 2015)
Criminal:
Omnibus pretrial motion; sheriff's entry into home for service of PFA order; mere encounter; voluntary consent to entry; power of sheriffs to arrest for crimes committed in their presence; probable cause for arrest; search incident to arrest; inevitable discovery
(Middleton073015bt)
(Posted: August 3rd 2015)
Criminal:
Appeal; sentencing challenge; due consideration to the character of defendant, the circumstances of_x000d_
the offenses, and the impact of the offenses
(Walls073115bt)
(Posted: August 3rd 2015)
Administrative Appeal:
Municipal lien for unpaid sewer fees; motion for judgment for want of sufficient affidavit of defense; alternative motion for judgment on the whole record; increased EDU assessment due to claimed change of use; tapping fee for existing combination use that was previously overlooked; equitable considerations
(LCWSA072815g)
(Posted: August 1st 2015)
Criminal:
Motion for new trial treated as petition for post-conviction relief; eligibility for relief where no sentence is being served; timeliness; lack of witness certification of proposed witness testimony that the victim recanted
(Seitzer072915g)
(Posted: August 1st 2015)
Civil:
Motion for summary judgment; interpretation of option agreement for purchase of real estate; return of security deposit on failure to secure financing; parol evidence rule; oral evidence of facts tending to show that a fundamental assumption was made
(Rickard073015)
(Posted: July 30th 2015)
Criminal:
Suppression motion; probable cause for vehicle stop; non-functioning registration light; missing video of vehicle stop; bad faith
(Davis071715bt)
(Posted: July 21st 2015)
Wills and Estates:
Motion for protective order to prevent sale of real estate; preliminary objections to the motion; authority of executor; potential surcharge against executors who choose to sell property over objection of residual beneficiary where residual beneficiary offers to purchase property in kind and to pay estate debt; fiduciary obligation to deal with heirs with utmost fairness
(kuntz071615L)
(Posted: July 16th 2015)
Adoption:
Petition for involuntary termination of parental rights; settled purpose to relinquish parental claim to a child for at least six months; child born to incarcerated parents; failure to perform any duties on behalf of the child since birth, even after release from prison; no bond with parents
(AdoptionofKAM071315m)
(Posted: July 16th 2015)
Criminal:
Post conviction relief act petition; retroactive effect of Alleyne vs. U.S. in PCRA stage of proceedings; ineffective counsel for failure to raise Alleyne issues on appeal; deferred ruling to allow counsel to raise issues in light of recent appellate court cases
(Coleman071615L)
(Posted: July 16th 2015)
Criminal:
Post-sentence motion; sufficiency and weight of evidence to prove DUI; prescription drug use before car crash; credibility; after discovered evidence; claimed impaired memory at the time of the trial; supporting medical testimony
(Heaton071015bt)
(Posted: July 14th 2015)
Criminal:
Post sentence motion; sufficiency of evidence of constructive possession of cocaine; weight of the evidence; intent to deliver may inferred from quantity of drugs possessed and other surrounding circumstances; flight from the scene; shocking to the court's sense of justice
(Faison071015g)
(Posted: July 14th 2015)
Criminal:
Post sentence motion; discretion of court to revoke probation and sentence to incarceration; conviction of new offence and repeated technical violations of supervision; vindication the authority of the Court
(Cormier070915bt)
(Posted: July 13th 2015)
Criminal:
Motion to determine restitution; claim of excessive or speculative valuation of stolen brass; testimony establishing a factual basis for restitution
(Enterline070915bt)
(Posted: July 13th 2015)
Criminal:
Post sentence motion; denial of defendant's omnibus pretrial motion nunc pro tunc; timeliness; benefit of review of dash-camera; waiver of issues by failure to preserve in motion; use of PBT results to determine probable cause; calibration pf PBT unit
(Kanski071315L)
(Posted: July 13th 2015)
Criminal:
Motions in limine; testimony of police education training specialist; admissibility of driving principles of Mandatory In-Service Training (MIST); standard of conduct that a reasonable person would observe in the defendant's situation; probative value in determination of whether there was a deviation from the standard of conduct; danger of unfair prejudice; relevance of MIST course documents; testimony of defendant's driving training instructor that defendant was not using due regard for the safety of persons at the time of collision; admissibility of the speed of the defendant's vehicle; determination of recklessness; relevance of evidence of defendant's pre-collision knowledge of and his lack of consideration of a dip in the road; admissibility of evidence that other officers in other incidents pursued individuals while driving at similar speeds, and that such conduct was condoned by supervisors
(Deprenda062915Lette)
(Posted: July 11th 2015)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
