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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Civil:
Motion in limine; qualifications of licensed public adjuster to render opinion on standard of care of insurance agent; proposed expert's pecuniary interest in the matter due to contingent fee agreement; relevance of expert opinion of an engineer on the cost of reconstructing the home; determination of replacement cost value from an insurance writing standpoint
(Corter070215g)
(Posted: July 8th 2015)
Criminal:
Motions to admit out-of-court statements of four-year-old child victim; confrontation clause; out-of-court testimonial statements by a witness; existence of ongoing emergency; Tender Years Statute; unavailability of child witness; determination of whether forcing the child to testify will result in such serious emotional distress to the child so that she will not be able to reasonably communicate; relevant and sufficiently reliable statements; statements offered to show something other than the truth of the matter asserted
(Brown070615bt)
(Posted: July 8th 2015)
Support:
Exceptions to support order; credits allowed against support; deferral until equitable distribution; nurturing parent status where parent plans to attend college rather than stay home with children and others are available to provide care free of charge; obvious calculation error; deduction of health insurance costs where one party pays for health insurance for the family; allocation of cost of health insurance premium
(SLD070815a)
(Posted: July 8th 2015)
Criminal:
Post conviction relief act petition; ineffective counsel; failure to call character witnesses at trial; strategy and tactics of trial counsel; prejudice; overcoming presumption of counsel effectiveness; lack of helpfulness of proposed witness testimony; lack of prejudice
(bodle062615g)
(Posted: July 7th 2015)
Criminal:
Motion in limine regarding the defendant's prior felony convictions; required element of the crime of persons not to possess firearms, acceptance of stipulation of required element; admissibility of videotaped interview; corpus delicti; relevant and admissible evidence; probative value outweighed by risk of undue prejudice.
(Lewis070115L)
(Posted: July 7th 2015)
Criminal:
Appeal; issues raised for the first time on appeal; claim for credit for time served in other jurisdiction, where all sentences were imposed by Pennsylvania courts; sentences aggregating as a matter of law; equal protection claim; alleged deficiency in the evidence presented at the preliminary hearing where evidence presented at trial was sufficient to sustain conviction; mootness
(Ball070215L)
(Posted: July 7th 2015)
Criminal:
Defendant motion in limine; sex offender registration; admissibility of evidence that Defendant was told prior to the date in which he is accused of driving an unregistered vehicle that he could not drive a vehicle without it being registered; other crimes or wrongs; evidence rule 404(b); probative value of evidence outweighing potential for unfair or undue prejudice; evidence that goes directly to the element of intent
(jennings070215L)
(Posted: July 7th 2015)
Killinger vs. Hosler Corp., Benell, Inc. and Hartford Fire Insurance Company
7.1.2015
Richard A. Gray
Civil:
Preliminary objections; construction contract; claim as third party beneficiary to the performance bond; quantum meruit claim; availability of equitable contract claims where the relationship is governed by an express contract; alternative pleading
(Killinger070115g)
(Posted: July 7th 2015)
Criminal:
Appeal; claim of unduly harsh and manifestly excessive sentence; waiver by failure to assert issue during sentencing hearing or by post sentence motion; discretion of the trial court in imposing sentence following the revocation of probation; conviction of another crime and violation of probation; imposing harsh post-revocation sentence where the defendant originally received lenient sentence
(Zeigler070715L)
(Posted: July 7th 2015)
West vs. Wood vs. Williamsport Automitive, Inc. and Cardone Industries, Inc.
6.25.2015
Dudley N. Anderson
Civil:
Motion in limine; arbitration limits case; admission of invoices for repair issued by unidentified, out-of-state party, who is not with in the subpoena power of the court; applicability of Pa.R.C.P. 1305
(west062515a)
(Posted: June 26th 2015)
Administrative Appeal:
License suspension appeal; refusal to submit to a chemical blood test; reasonable grounds to request blood testing; materiality of determination of legality of arrest in civil license suspension case; knowing or conscious refusal; lack of evidence of language barrier; authority for requiring reasonable accommodations for language issues
(Lopez062315m)
(Posted: June 25th 2015)
Criminal:
Appeal; post sentence motion; suppression issue; probable cause for search warrant for hair and blood samples; motion in limine; evidence of conviction for a prior robbery; important link in chain of evidence to show identity; prejudicial effect; non-jury trial; sufficiency of evidence of identity of robber; weight of the evidence
(Villanueva062415L)
(Posted: June 24th 2015)
Divorce:
Petitions for contempt or to enforce property settlement agreement; interpretation of marital settlement agreement as it applies to qualified domestic relations orders; unambiguous language; benefit to which coverture fraction is applied; post-separation enhancements; utilization of Husband's pay years_x000d_
post-separation to calculate marital property; claim that husband's post-separation monetary contributions were awarded; standards to find contempt; lack of wrongful intent
(teb062315m)
(Posted: June 24th 2015)
Adoption:
Agency petition for involuntary termination of parental rights; incarcerated mother with 4 previous terminations due to inability to care for children; father's ability to care for child on his own; father with intellectual limitation and low I.Q.; no settled purpose to relinquish parental claim; refusal as well_x000d_
as incapacity to perform parental duties; intellectual deficiency; clear and convincing evidence that Father's lack of parenting skills cannot or will not be remedied; permanency for the child; needs and welfare of the child; extended removal of child from custody with conditions which led to removal of the child still continuing to exist; bond with the Child
(AdoptionofDHW062115m)
(Posted: June 24th 2015)
Criminal:
Appeal; waiver of issues for failure to file rule 1925 statement; timeliness of post conviction relief act petition; jurisdiction
(Blackwell062215L)
(Posted: June 22nd 2015)
Criminal:
Habeas corpus petition; jurisdiction; interpretation of sentence by Pennsylvania Board of Probation and Parole; certification of defendant's continued eligibility for RRRI minimum
(Coleman062215L)
(Posted: June 22nd 2015)
Criminal:
Motion to modify sentence nunc pro tunc; motion for post conviction collateral relief; timeliness; waiver for failure to raise in previous proceeding; ineffective assistance of trial counsel; lack of prejudice
(Tawney062215L)
(Posted: June 22nd 2015)
Red Run Mountain, Inc., vs. Earth Energy Consultants, LLC; Bradley R. Gill; and Sylvia B. Mase and Michael Hughes, as Executors of the Estate of Richard D. Mase
6.18.2015
Richard A. Gray
Civil:
Summary judgment motion; contracts relating to oil and gas exploration and overriding royalty payments; authority of corporation president to sign contracts; inherent authority; implied and apparent authority; estoppel
(redrun061815g)
(Posted: June 19th 2015)
Criminal:
Suppression motion; traffic stop; reasonable suspicion that defendant was committing DUI; observation of abrupt swerve and other erratic driving
(Hamilton061515bt)
(Posted: June 18th 2015)
Criminal:
Motion to suppress identification; claimed inherently suggestive show-up identification; exceptions to the warrant requirement; consent for identification; claimed self-incrimination; motion to suppress physical evidence; consent to search; inevitable discovery; providing timely notice to defendant intention to introduce of other crimes, wrongs or acts; motion for formal discovery; waiver of right to file petition for writ of habeas corpus by waiving preliminary hearing; admissibility of lay person opinion evidence identifying Defendant as the person depicted in robbery surveillance video; testimony based on witness' perception
(Spoeri061615L)
(Posted: June 16th 2015)
Criminal:
Post conviction relief act petition; timeliness; retroactive application of Alleyne; legality of sentence; unlawfully induced guilty plea
(Justice060915L)
(Posted: June 9th 2015)
Adoption:
Petition for involuntary termination of parental rights; settled purpose to relinquish parental claim to a child for at least six months; clear and convincing evidence; lack of contact or relationship with any of the putative fathers; developmental, physical and emotional needs and welfare of the child
(AdoptionofCMB060115m)
(Posted: June 5th 2015)
Criminal:
Post sentence motion; inconsistent verdict; acquittal of statutory sexual assault, but guilty of corruption of minors; sufficiency of evidence of corruption of minors
(Synder060315bt)
(Posted: June 5th 2015)
Criminal:
Appeal; post conviction hearing act petition; waiver of claims for failure to raise new issue in response to court's notice to dismiss; issues decided on direct appeal; hybrid representation issue in request for transcripts; requirement to impose statutory maximum sentence
(Graham060315L)
(Posted: June 4th 2015)
Adoption:
Petition for involuntary termination of parental rights; settled purpose to relinquish parental claim to a child for at least six months; clear and convincing evidence; consideration to the developmental, physical and emotional needs and welfare of children; lack of relationship with children
(AdoptionofGLSandEJS052915m)
(Posted: June 4th 2015)
Criminal:
Commonwealth appeal of grant of post conviction relief act petition; waiver of issues raised for the first time on appeal; trial counsel lacking reasonable basis for failing to witness who would have impeached the victim; prejudice; case hinging on the credibility of the victim
(Segraves060315L)
(Posted: June 3rd 2015)
Criminal:
Suppression motion; vehicle stop; probable cause; brake light malfunction; request to exit vehicle during traffic stop; reasonable suspicion that Defendant was committing a crime; sufficient articulable basis supporting pat-down search; reasonable suspicion that Defendant was armed and dangerous; plain feel doctrine; syringe in Defendant's pocket; warrantless search of motor vehicle; probable cause to believe that drugs or drug paraphernalia were in Defendant's vehicle; totality of the circumstances
(Carl052715bt)
(Posted: May 29th 2015)
Civil:
Preliminary objections; complaint and motion for preliminary injunction; legal sufficiency or insufficiency of complaint; interpretation of an easement; trespass; latent ambiguity in easement; parol evidence; scope of the easement; civil conspiracy; conversion of trees; negligent breach of duty to exercise due care with respect to exercising rights under easement agreement; breach of contract claim; quiet title claim for forfeited rights as result of the unlawful infringement of rights of plaintiffs; injunction to enjoin a nuisance; applicability of release; objections raised as to another party; specificity of averment of damage claims that are known and easily ascertainable; punitive damages; objective appreciation of the risk of harm
(Bair052215g)
(Posted: May 29th 2015)
Alexander Nissan, Inc. vs. Maritz, LLC and Northwoods Auto, Inc. d/b/a Northwoods Nissan
5.29.2015
Richard A. Gray
Civil:
Preliminary objections to complaint; breach of fiduciary duty; existence of confidential relationship; entrusting confidential proprietary information alone; disclosure of confidential customer list; intentional interference with dealer agreement; no allegation that dealership contract was modified or terminated
(Nisson052915g)
(Posted: May 29th 2015)
Criminal:
Suppression motion; probable cause for vehicle stop; observation of traffic signal violation; allegation that destroyed video evidence was exculpatory; bad faith destruction of merely potentially useful evidence
(Hays052215bt)
(Posted: May 27th 2015)
Administrative Appeal:
Petition for involuntary treatment of convicted murderer filed by SCI – Muncy; severe mental disability; appeal; clear and convincing evidence; danger to herself or others; refusal to take medication
(yh052715L)
(Posted: May 27th 2015)
Criminal:
Motions in limine; timeliness of motion to suppress; dropping head when shown search warrant as evidence of Defendant's consciousness of guilt; Miranda rights; relevancy of the evidence; no evidence of questioning; Defendant initiated conversation after Defendant advised of Miranda rights; gratuitous comment, when no response was sought or required; late disclosure of expert opinion; prejudice the defense with eleventh hour disclosures; evidence regarding the victim's history of or reputation for violence; evidence of victim's pertinent character trait; decedents statements to Defendant and others that he belonged to the “Hell Angels” gang and killed six people; evidence the decedent had a PFA filed against him and was convicted of assault upon a peace officer; evidence that the decedent pled guilty to public drunkenness; evidence of defendant having same traits of decedent; impeachment of witnesses
(jackson052215L)
(Posted: May 22nd 2015)
Criminal:
Suppression motion; warrantless entry into hotel room; exigent circumstances; defendant subject to arrest warrant; potential of escape; hot pursuit; habeas corpus petition; prima facie case of aggravated assault and escape
(Willits051515bt)
(Posted: May 21st 2015)
Custody:
Petition for special relief; question of attending Williamsport or Loyalsock schools; children's need for stability and continuity; child care cost savings; behavioral issues
(aw051515m)
(Posted: May 19th 2015)
Criminal:
Appeal; re-sentence of total confinement in a state correctional institution for technical probation violations; discretion of court; likelihood that defendant will commit another crime; substance abuse and personality disorders; self-medicating with illegal drugs; possibility of involuntary mental health commitment; unsuccessful efforts to help defendant through Drug Court and intermediate punishment programs
(Reeder051815L)
(Posted: May 18th 2015)
Criminal:
Appeal; admissibility of lay opinion identification testimony; surveillance photograph; foundation for testimony; introduction of recorded prison phone calls; prior inconsistent statements; excited utterance exception to the hearsay rule
(Alford050815bt)
(Posted: May 15th 2015)
Arthur, vs. Bosque Disposal Systems, LLC and Waste Management, Inc. and Lexon Insurance Company and Waste Management of Pennsylvania, Inc.
5.14.2015
Richard A. Gray
Civil:
Preliminary objections; demurrer to legal conclusions; asserting breach of implied in fact contract and claim for unjust enrichment in the alternative to breach of express contract claim
(arthur051415g)
(Posted: May 15th 2015)
Civil:
Permanent injunction hearing; refusal of prison inmate to accept life saving medical treatment; interest of Commonwealth in maintaining prison order and security; duty under the 8th Amendment to protect health and welfare of persons in custody; case where prisoner wants to dictate the details of her medical care and choose the provider
(young051215g)
(Posted: May 15th 2015)
Criminal:
Post conviction relief act petition; timeliness
(Sheldon051215g)
(Posted: May 15th 2015)
Criminal:
Post-conviction relief act petition; guilty plea and waiver of eligibility for recidivism risk reduction incentive; request for reconsideration of sentence; timeliness
(White051315L)
(Posted: May 14th 2015)
Criminal:
Petition for writ of habeas corpus; attack the sufficiency of evidence to prove prima facie case; conspiracy; mere presence at the scene, or knowledge of the crime; agreement to commit or aid in a drug delivery resulting in death; co-conspirator exceptions to the hearsay rule; spousal privilege
(budd051115L)
(Posted: May 13th 2015)
Criminal:
Motion to dismiss under rule 600; calculation of excludable time periods; actions of counsel imputed to_x000d_
defendant_x000d_
(McDowell051115L)
(Posted: May 13th 2015)
Administrative Appeal:
Objections to an upset tax sale; reasonable and justifiable reliance on statement of tax office employee as to tax delinquency payment due date
(warner050515g)
(Posted: May 8th 2015)
Criminal:
Post conviction relief act petition; ineffective counsel; credibility issues; eligibility for boot camp; likelihood of boot camp sentence
(Smith050415L)
(Posted: May 5th 2015)
Criminal:
Post conviction relief act petition; claim of ineffective counsel; relevance of victim's bi-polar disorder; claimed unprepared attorney; advice to defendant to avoid testimony because of prior record; unsupported claim that PFA testimony contradicted trial testimony; failure to call witness who are not identified; multiple issues that have no legal or factual basis as reason to find counsel ineffective
(Shaffer042915bt)
(Posted: May 2nd 2015)
Criminal:
Omnibus pretrial motion; unlawful vehicle stop; territorial limits of jurisdiction of arresting police officer; order appointing officer as county detective to work DUI roving patrols
(Smith042915bt)
(Posted: May 1st 2015)
Criminal:
Omnibus pretrial motion; reasonable suspicion for vehicle stop; claimed unlawful blood draw; voluntary consent; totality of circumstances
(Smith0429152bt)
(Posted: May 1st 2015)
Administrative Appeal:
Appeal of order sustaining statutory appeal of one-year suspension operating privilege; unreasonable delay by the department
(Orwig042815m)
(Posted: April 29th 2015)
Criminal:
Appeal; admissibility of evidence of possession of similar drugs and packaging by another_x000d_
occupant of vehicle
(Williams042915L)
(Posted: April 29th 2015)
Criminal:
Appeal
(Rodriguez042715L)
(Posted: April 27th 2015)
Criminal:
Motion to dismiss; private criminal complaint; statute of limitations; timeliness of motion; interests of justice; reasonably ascertainable place of abode; tolling statute; credibility of defendant
(June042515L)
(Posted: April 24th 2015)
Civil:
Summary judgment motion; conversion claim; unreasonable withholding of possession; no request for return; lack of unjust enrichment; statute of limitations
(Miller042415)
(Posted: April 24th 2015)
Civil:
Non-jury trial; ejectment; claim of a lifetime lease without cost; credibility
(horn042115g)
(Posted: April 24th 2015)
Civil:
Non-jury trial; interpretation of easement in deed; size of easement is of such width as is suitable and convenient for the ordinary uses of free passage for a vehicle; rule of construction; plain language
(affordable042415g)
(Posted: April 24th 2015)
Criminal:
Appeal
(Ruley042215L)
(Posted: April 22nd 2015)
Criminal:
Motion to dismiss; rule 600; due diligence to bring case to trial; two intervening appeals to the Superior Court by the Commonwealth, that were in part successful; excluding time prior to remand; availability of witnesses; availability of court time
(ingram042115L)
(Posted: April 22nd 2015)
Adoption:
Petition for involuntary termination of parental rights; clear and convincing evidence; settled purpose to relinquish parental claim to a child for at least six months; alleged roadblocks; credibility of evidence; minimal interaction with children at the convenience of parent; existence of parental bond; needs and welfare of the children
(AdoptionofBandNC041715m)
(Posted: April 22nd 2015)
Civil:
Non-jury trial; forfeiture; seizure of vehicle used to transport contraband; currency recently next to cocaine; shifting burden; failure to establish lawful acquisition of funds
(2006ChevroletMalibu041715g)
(Posted: April 20th 2015)
Criminal:
Suppression motion; vehicle search; mere encounter; reasonable suspicion; probable cause to arrest; inevitable discovery
(Terry041515bt)
(Posted: April 18th 2015)
Criminal:
Suppression motion; probable cause to stop vehicle and to request blood testing; observation of vehicle driving over the center line of roadway
(Header041015bt)
(Posted: April 15th 2015)
Criminal:
Appeal; sufficiency of evidence to convict of DUI; reasonable suspicion for vehicle stop
(Wright041315bt)
(Posted: April 15th 2015)
Criminal:
Omnibus pre-trial motion; waste water discharge; habeas corpus petition; sufficiency of evidence to establish prima facie case; element of causation; evidence that produced water from the site was a “waste" as defined by Solid Waste Management Act; definition of "solid waste disposal facility"; facts viewed in light most favorable to the Commonwealth; unconstitutionally vague statute; de minimus conduct; absolute liability; extenuations; settlement with the U.S. EPA and DOJ as justifying dismissal of state law criminal charges; selective prosecution; evidentiary hearing on claim that Commonwealth destroyed potential Brady material
(XTO041415L)
(Posted: April 14th 2015)
Criminal:
Motion in limine; evidence of defendant's prior criminal record, including any driving offenses; prejudice; habitual offender charge; proving requisite predicate offense; probative value outweighed by danger of unfair prejudice
(jennings041415L)
(Posted: April 14th 2015)
Criminal:
Commonwealth's motion in limine; precluding testimony of psychiatrist that defendant reasonably believed his life was threatened by deceased; buttressing the credibility of the defendant; relevance and probative value of expert testimony
(Jackson041415L)
(Posted: April 14th 2015)
Civil:
Preliminary objections; contract case; specific performance of agreement of sale; statute of limitations; adequate remedy at law; public water system; specific averment of time
(millay041015g)
(Posted: April 10th 2015)
Criminal:
Motion for reconsideration; motion to forfeit bail; failure to file petition for remitter or to set aside forfeiture
(Gooden041015L)
(Posted: April 10th 2015)
Civil:
Motion for partial summary judgment; dispute between adjacent landowners about nature and scope of easement; use of easement for vehicle travel; historical use of right-of-way for only pedestrian traffic; intention of the parties; fair interpretation and construction of easement document; expansion of right-of-way; factual issues for trial
(affordable.040715g)
(Posted: April 9th 2015)
Criminal:
Motion for severance; claimed prejudice by the joinder of different Informations and different counts relating to multiple burglaries; both factual distinctions and similarities between respective groups of crimes; evidence in cases is capable of separation by the jury; possibility of prejudice outweighing judicial economy of consolidation
(Bean040915L)
(Posted: April 9th 2015)
Civil:
Preliminary objections; dog bite case; unexcused violation of the Dangerous Dog Law; negligence per se; creation of civil standard of liability; dog with vicious propensity; punitive damages claim for unrestrained dog with known dangerous propensities
(Harrison040215g)
(Posted: April 2nd 2015)
Criminal:
Suppression motion; DUI case; probable cause for warrant to search medical records; evidence of erratic driving and suspicious conduct by driver while being questioned
(Eiswerth040115bt)
(Posted: April 2nd 2015)
Civil:
Motion in limine; medical testimony on the standard of care in medical malpractice case; statutory requirements; subspecialty which has a substantially similar standard of care; same board certification; active involvement in medicine in the applicable subspecialty; ruling deferred for development of record; needlessly cumulative evidence
(Asiello033115g)
(Posted: April 1st 2015)
Criminal:
Motion challenging competency of minor witness; presumption of competency; claim of taint; assessment of child's developmental maturity and ability to provide reliable information; demonstrated understanding of meaning of truth and lies; mental capacity
(girardi040115L)
(Posted: April 1st 2015)
Criminal:
Omnibus pretrial motion; operating a watercraft under the influence of alcohol; reliance upon the results of an HGN test when assessing probable cause; use of HGN or PBT results at trial; sufficiency of evidence to establish probable cause for arrest; use of PBT results to determine probable cause; trial admissibility of evidence used to establish probable cause
(Kiess040115L)
(Posted: April 1st 2015)
Wirerope Works, Inc. Health Benefit Plan by and through its plan sponsor, Wirerope Works, Inc., et al. vs. Susquehanna Health System, et al.
3.31.2015
Dudley N. Anderson
Civil:
Preliminary objections; proper use of the Declaratory Judgments Act; attempt to adjudicate the validity of defense to other lawsuits; discretion of court to decline to exercise jurisdiction over declaratory judgment action
(Wirerope033115a)
(Posted: March 31st 2015)
Cornwall Mountain Investments, L.P. vs. Thomas E. Proctor Heirs Trust, et al.
3.31.2015
Dudley N. Anderson
Civil:
Reconsideration motion; defective notice of tax sale; applicable statute of limitations in Pennsylvania within which to challenge a tax sale
(Cornwall033115a)
(Posted: March 31st 2015)
Criminal:
Motion to dismiss; rule 600; due diligence to bring case to trial; excludable time due to defense continuance requests
(Schenck033015L)
(Posted: March 30th 2015)
Criminal:
Suppression motion more properly treated as a motion in limine; unfairly prejudicial interview; probative evidence; unfair prejudice; evidence causing the jury to render a decision on an improper basis or to divert the_x000d_
jury's attention away from its duty of weighing the evidence impartially; misleading or confusing the jury
(Lambert033015L)
(Posted: March 30th 2015)
Family:
Reconsideration motion; request for genetic testing; doctrine of paternity by estoppel; best interests of the child; applicability of common law principle of “paternity by estoppel"
(adb033015a)
(Posted: March 30th 2015)
Quality Carriers, Inc. & QC Energy Resources, LLC vs ECM Energy Services, Inc. & Energy Construction Management, LLC
3.30.2015
Dudley N. Anderson
Civil:
Motions for summary judgment; duty to defend and indemnify; contract interpretation; Workmen's Compensation immunity; employer liability in indemnification for injuries to its own employee; specific use of language which demonstrates intent to indemnify against claims by employees
(Quality033015a)
(Posted: March 30th 2015)
Civil:
Appeal; failure to respond to a summary judgment motion as required by the rule; need for expert testimony of a connection between an incident and an injury; failure to produce evidence of duty and breach
(Libby033015a)
(Posted: March 30th 2015)
Criminal:
Appeal; ineffective counsel; failure of counsel to call a witness whose testimony would have been speculative; failure to request continuance for non-appearance of a subpoenaed witness; lack of witness certification
(houseweart033015a)
(Posted: March 30th 2015)
Criminal:
Post sentence motion; non-jury trial conviction for endangering welfare of children; parent leaving baby in unattended, running car; child in circumstances that could threaten the child's welfare
(Faulks032015bt)
(Posted: March 27th 2015)
Criminal:
Appeal; sufficiency of evidence of robbery, conspiracy and second degree murder; admissibility of evidence_x000d_
related to the witnessing of witness's prior use and possession of firearms; witness's propensity for violence and carrying weapons; admissibility of defendant's recorded prison conversations; Commonwealth's use of visual aid during closing argument, that was not in evidence; inconsistent verdicts where evidence is sufficient to support the convictions; weight of the evidence; shocking to the court's sense of justice
(Gardner032415bt)
(Posted: March 27th 2015)
Criminal:
Suppression motion; second search warrant and affidavit that corrected any error in first search warrant and narrowed the request to make it particular to circumstances of case; applicability of independent source rule; exploiting fruits of willful misconduct
(Bean032515L)
(Posted: March 26th 2015)
Civil:
Cross-motions for summary judgment; strong circumstantial evidence that mandates finding of negligence; no direct evidence of negligence; res ipsa loquitur; sanction for spoliation of evidence; permitting the fact-finder to draw an adverse inference
(PennDot032015g)
(Posted: March 23rd 2015)
Criminal:
Post-conviction relief act petition; previously litigated claim; ineffective counsel for failure to object to the competency of child witness; merit of underlying issue; competency to testify determined at pre-trial hearing
(Probst031714bt)
(Posted: March 21st 2015)
Civil:
Appeal; revocation of in forma pauperis status; three strikes rule; previously filed prison conditions litigation dismissed prior to the revocation; counting federal cases as strikes under state law; no finding that case is frivolous; mandate for court to act
(Ball031915g)
(Posted: March 20th 2015)
Linde Corporation vs. Black Bear Property, LP; Black Bear Holdings, LLC; Dibble; Penn Central Corporation and Black Bear, LLC
3.19.2015
Dudley N. Anderson
Civil:
Post-trial motions; mechanics lien; lienable property; definitions of “improvement” and “construction” contained in Mechanic's Lien Law; curtilage appurtenant to improvement; issues of credibility and the use of circumstantial versus direct evidence
(linde031915a)
(Posted: March 19th 2015)
Criminal:
Motion to dismiss; rule 600; Commonwealth due diligence; excludable time; delays attributed to continuances granted to co-defendant
(Wills031815L)
(Posted: March 18th 2015)
Civil:
Non-jury trial; enforcement of oral contract; need for notarization of documents memorializing oral contract; unjust enrichment by retaining home that was improved using loan funds, that have not been repayed
(Fredericks031615a)
(Posted: March 16th 2015)
Criminal:
Habeas corpus petition; prima facie case of hindering apprehension where defendant allowed a fugitive to stay at her home and refused to respond to police at door
(Valentine031615L)
(Posted: March 16th 2015)
Criminal:
Motion to modify bail; rule 600; excludable time; filing of defendant's omnibus pretrial motion causing delay_x000d_
in commencement of trial; delay attributable to unavailability of Defendant and his attorney
(Powell031215L)
(Posted: March 12th 2015)
Criminal:
Motion for nominal bail; rule 600; excludable time; filing of defendant's omnibus pretrial motion causing delay_x000d_
in commencement of trial; delay attributable to unavailability of Defendant and his attorney
(Holmes031215L)
(Posted: March 12th 2015)
Criminal:
Habeas corpus petition; prima facie case of involuntary deviate sexual intercourse; establishing penetration element; evidence of conduct that was not covered by enumerated sex offenses, to constitute aggravated indecent assault; submission of similar offenses to the jury; factual issue for the jury; laying on top of child as constituting unlawful restraint of a minor by a parent
(jg031115L)
(Posted: March 11th 2015)
Criminal:
Habeas corpus petition treated as post conviction relief act petition; challenge to legality of sentence under Alleyne case; timeliness; court jurisdiction; retroactive application of court decision_x000d_
(Jones031115L)
(Posted: March 11th 2015)
Administrative Appeal:
Petition to set aside upset tax sale; proper notice; notice sent by certified mail returned as unclaimed; reasonable efforts to determine correct address; personal service required for owner-occupied property
(Cohick031115a)
(Posted: March 11th 2015)
Criminal:
Motion to dismiss; sexual offender registration requirements for temporary lodging; statute void for vagueness; whether or not consecutive dates required; palpable and plain violation of right to due process
(McHenry031115a)
(Posted: March 11th 2015)
Criminal:
Post-sentence motion; indirect criminal contempt for failing to report to prison as ordered; authority of court to impose a sentence of incarceration for indirect criminal contempt; constitutionally of statute prohibiting incarceration
(Morgret031115a)
(Posted: March 11th 2015)
Civil:
Appeal; second petition for post-conviction relief; timeliness; claim of unconstitutional sentence; waiver; issues known to defendant at the time of sentencing; illegal sentence claim; consecutive probation; offenses that did not merge; ineffective counsel for failing to inform defendant of sentencing possibilities written on the guilty plea form signed by defendant
(Monroe030915g)
(Posted: March 10th 2015)
Criminal:
Post conviction relief act petition; ineffective counsel; previously litigated issues; Alleyne claim where no mandatory sentence issued; applicability of Fair Sentencing Act to Pennsylvania drug offenses or Pennsylvania's sentencing guidelines; factual viability of claims
(Walker031015L)
(Posted: March 10th 2015)
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