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:
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)
Criminal:
Appeal; evidence of circumstances of witness's prior theft conviction; relevance; danger of misleading the jury; evidence that witness absconded while on supervision; admissibility of prior bad acts; question of whether evidence of prison telephone call's probative value outweighed by danger of unfair prejudice
(Goff030415bt)
(Posted: March 9th 2015)
Criminal:
Post-conviction relief act petition; ineffective counsel; knowingly and voluntarily guilty plea; factual basis for plea; attorney's conflict of interest where defendant and co-defendant voluntarily pled; unjustified failure to file appeal; timely demonstration of interest in appealing; non-frivolous ground for appeal
(Greenly030415bt)
(Posted: March 9th 2015)
Criminal:
Motion for relief from sentencing order and clarification; issue relating to imposition of costs; need for ability to pay determination, before costs imposed; payment of costs during incarceration; jurisdiction of the court
(Bailey030515L)
(Posted: March 5th 2015)
Criminal:
Post-sentence motion; sufficiency of evidence of malice or specific intent for murder; weight of evidence; verdict not shocking to the court's conscience
(Boyd030515L)
(Posted: March 5th 2015)
Civil:
Non-jury trial; specific performance of an agreement of sale for the sale of real estate; claim of being “tricked” into sale; procedural unconscionability and substantive unconscionability claims; being faced with an unpleasant_x000d_
choice as establishing duress; disparity between the agreement price and claimed market value; “distress” sale
(visioninvestment030515a)
(Posted: March 5th 2015)
Criminal:
Appeal; sentencing discretion; sentence greater than aggravated range; 30 year history of theft offenses; non-compliance with rehabilitative efforts; protection of the public
(Taylor030415L)
(Posted: March 4th 2015)
Civil:
Non-jury trial verdict; claim for breach of contract, breach of warranties and violations of the Unfair Trade Practices and Consumer Protection Law in connection with construction contract; calculation of contract damages; attorney fee award; double damages for egregious conduct
(Rauch.030415a)
(Posted: March 4th 2015)
Criminal:
Post-sentence motion; sufficiency of evidence for first degree murder conviction; evidence of intent to kill; sufficiency of evidence to conspiracy to kill; Alleyne issue resulting in harmless error where defendant concedes fact required for mandatory minimum sentence; constitutionality of sentencing where juveniles who are not convicted of murder are not subject to mandatory sentences; equal protection; rational basis test; sentence reasonably related to a legitimate public interest; legality of sentence under ex post facto clauses; claimed violation the original purpose clause and single subject clause of the Pennsylvania Constitution; excessive sentence claim
(Alford022715bt)
(Posted: March 3rd 2015)
Criminal:
Appeal
(Jones022715bt)
(Posted: March 3rd 2015)
Criminal:
Appeal from the District Attorney's denial of request for the filing private criminal complaint; ability to convince a jury beyond a reasonable doubt; abuse of discretion standard of review; refusal to prosecute individuals who were defending themselves from complainant's burglary and assault with a gun; exercise of prosecutorial discretion involving an evaluation of the evidence
(Hellenthal030315a)
(Posted: March 3rd 2015)
Criminal:
Motion to dismiss, corpus delicti; introduction of extra-judicial confession; evidence of injury or loss consistent with crime having been committed; closely related crime exception; suppression motion; knowing, intelligent or voluntary waiver of rights; conditions of detention free of coercion
(Lewis030215L)
(Posted: March 2nd 2015)
Criminal:
Motion to dismiss; double jeopardy and Rule 110; prosecutions in 2 counties for episode involving theft of vehicle; ARD determination; double jeopardy protections in context of diversionary program; charges considered to be the “same offense”
(Rodriguez030215L)
(Posted: March 2nd 2015)
Family:
Petition of father to change child's surname; dispute about whether child will bear paternal or maternal surname; best interests of the child; parent's relationship with child; stigma associated with name; child at all times bearing the surname of at least one parent
(DLR022015g)
(Posted: February 24th 2015)
Criminal:
Post conviction relief act petition; legality of sentence; failure to make direct appeal; timeliness of petition; jurisdiction of the court
(Jackson021915bt)
(Posted: February 24th 2015)
Criminal:
Suppression motion; vehicle stop; probable cause; stop sign violation; warrantless search under the automobile exception to the warrant requirement; prima facie case of possession with intent to deliver marijuana
(Coleman022015bt)
(Posted: February 24th 2015)
Adoption:
Petition for involuntary termination of parental rights; settled purpose to relinquish parental claim to a child for at least six months prior to the filing of the termination petition; incarcerated parent; use of available resources while in prison to maintain relationship with child; repeated incarceration as repeated and continued incapacity causing child to be without essential parental care; child receiving care from one parent; existing bond with parent; failure to meet statutory burden
(AdoptionofXWK022315m)
(Posted: February 23rd 2015)
Criminal:
Motion to dismiss; pre-arrest delay; actual prejudice; due diligence in efforts to locate defendant after filing complaint; trial delay resulting from defense counsel's continuance requests
(faison021815L)
(Posted: February 18th 2015)
Civil:
Preliminary objections; damages for breach of contract which are the natural and foreseeable result of defendant's conduct; claim for loss of profits; gist of the action doctrine; tort claims for failure to meet basic obligations under contract
(Field-TecServices021315g)
(Posted: February 13th 2015)
Criminal:
Appeal; timeliness of post conviction relief act petition
(Parmenter021115m)
(Posted: February 12th 2015)
Criminal:
Motion to consolidate; defendants not involved in the charges against the other; prejudice
(Lambert021215L)
(Posted: February 12th 2015)
Criminal:
Omnibus pre-trial motion; sexual offender registration requirements; unconstitutional vagueness of statute; registration of vehicles; statutory construction; requirement for regular operation of vehicle; sufficiency of evidence to establish prima facie case; de minimis infraction; remoteness of 3 convictions giving rise to habitual offender status; multiplicitous offenses
(Jennings020915bt)
(Posted: February 12th 2015)
Criminal:
Suppression motion; probable cause to stop vehicle; vehicle touching or crossing center and fog lines where no_x000d_
safety hazards were created; slow speed where vehicle was not driven with careless disregard for safety; reasonable suspicion that driver might have been impaired; combination of circumstances to show reasonable suspicion
(Schon021015L)
(Posted: February 10th 2015)
Civil:
Motions for post-trial relief; reformation of deeds based on claimed mutual mistake; unilateral mistake; reforming deeds on grounds of mistake by one party with knowledge of the other; clear intention of the parties; speculative nature of damage claims
(downs021015a)
(Posted: February 10th 2015)
Criminal:
Post-sentence motion; sufficiency of evidence; marijuana found by intake officer at prison; previous police search failing to discover all drugs in possession of defendant; knowing possession by new prisoner
(Hopson020415bt)
(Posted: February 10th 2015)
Criminal:
Suppression motion; DUI; reasonable suspicion to stop vehicle; specific and articulable facts that led officer to believe that criminal activity is afoot; erratic driving
(Knott201015L)
(Posted: February 10th 2015)
Criminal:
Motion to suppress; inmate effort to secure incriminating information to try to use to obtain lesser sentence; agent of Commonwealth
(Sears020915L)
(Posted: February 9th 2015)
Civil:
Motions in limine; blood alcohol evidence; proof of intoxication; evidence from forensic pathologist; timeliness of report
(ritter020915a)
(Posted: February 9th 2015)
Civil:
Motion in limine; admissibility of photographs depicting standing water where weather conditions on the day of the slip and fall accident were different; applicability of provisions of International Property Maintenance Code relating to drainage; admissibility of expert testimony on general negligence standards found in the International Property Maintenance Code
(drum020615a)
(Posted: February 6th 2015)
Criminal:
Defendant's request for discovery; entitlement to the full transcripts, police reports and videotapes of the meetings with an informer; potential bias; hopes for leniency in sentencing
(Sears020415L)
(Posted: February 5th 2015)
Custody, Support, Divorce:
Petition to enforce prenuptial agreement; handwritten changes to typed agreement; references to attachments in typed agreement; clear and unambiguous; claims for attorney fees
(Thomas020315m)
(Posted: February 5th 2015)
Criminal:
Appeal; sufficiency of evidence to support non-jury guilty verdict for access device fraud
(Nottingham020515g)
(Posted: February 5th 2015)
Criminal:
Appeal; discretion of the court in imposing sentence; consideration of sentencing factors
(Wallace012815bt)
(Posted: February 3rd 2015)
Criminal:
Motion to compel ARD; DUI with highest rate of alcohol; failure to appear at preliminary hearing after 3 continuances; discretion of district attorney; relationship to the likelihood of success in rehabilitation
(Perry012715bt)
(Posted: February 3rd 2015)
Civil:
Petition to settle wrongful death and claims action; sufficiency of the petition; obligation of the court to ensure that settlement is fair and equitable; reasonableness of attorney's fees; lack of indication of agreement of Pennsylvania Department of Revenue
(English013015L)
(Posted: January 30th 2015)
Criminal:
Motion to suppress; arrest of juvenile for failure to attend school; search of back pack without warrant
(Hamm012715m)
(Posted: January 29th 2015)
Criminal:
Suppression motion; probable cause for vehicle stop for missing mirror; authority to frisk suspect for weapons; “guns follow drugs” presumption; probable cause to arrest; consent of owner to search vehicle; impounded vehicle; freely and voluntarily given consent
(Powell012815L)
(Posted: January 28th 2015)
Criminal:
Post-sentence motion; sufficiency of evidence of identity; weight of evidence
(Villanueva012815L)
(Posted: January 28th 2015)
Criminal:
Habeas corpus petition; sufficiency of the evidence; suppression motion; search of a home by Federal Marshal's Fugitive Task Force; consent to search for fugitive; observations of drug paraphernalia and gun in plain sight; inaccurate address in warrant where apartment is described particularly; justifiable warrantless search because of request from another law enforcement agency; exigent circumstances where suspects already in custody; protective sweep where no reasonable suspicion that residence harbored individuals posing danger to police; inevitable discovery; sufficiency of warrant application to show probable cause for search, after illegally obtained information is excised from the search warrant; smell of burnt marijuana and observation of stolen handgun
(murray-bey012615L)
(Posted: January 27th 2015)
Criminal:
Suppression motion; probable cause for vehicle stop; circumstances indicative of impaired driving; mere reasonable suspicion to believe defendant was an impaired driver; no observation of vehicle code violation
(colling012315L)
(Posted: January 24th 2015)
Criminal:
Habeas corpus petition; claimed improper denial of parole; violation of sentencing order; exclusive authority of Parole Board; right to parole at expiration of minimum sentence; re-sentencing without due process of law; jurisdiction of court
(Nixon012315L)
(Posted: January 24th 2015)
Criminal:
Appeal; non-jury trial; sufficiency of evidence; of criminal mischief; evidence of intent to damage property
(Seitzer012315g)
(Posted: January 24th 2015)
Adoption:
Petition for involuntary termination of parental rights; settled purpose to relinquish parental claim to a child or failing to perform parental duties for at least 6 months; failure to show even a passive interest in his child; consideration to the developmental, physical and emotional needs and welfare of the child
(AdoptionofSG012215m)
(Posted: January 22nd 2015)
Support:
Complaint to establish paternity and for genetic testing; challenge to acknowledgment of paternity; fraud, duress or material mistake of fact; clear and convincing evidence; paternity by estoppel; best interests of the involved child; focus on the father-child relationship
(ADB012115a)
(Posted: January 22nd 2015)
Criminal:
Appeal; sentencing discretion; bald assertion of abuse of discretion; sentence within guidelines
(britford012015g)
(Posted: January 21st 2015)
Criminal:
Suppression motion; vehicle stop; observation of driving clues; reasonable suspicion; nervousness due to being followed by unmarked car at night; explanation for conduct negating reasonable suspicion
(Waldrab01212015L)
(Posted: January 21st 2015)
Criminal:
Post conviction relief act petition; ineffective counsel; conceded merit to claim that counsel failed to call a material defense witness; prejudice; reasonable probability of different outcome of trial
(Segraves012115L)
(Posted: January 21st 2015)
Criminal:
Motion to reconsider suppression order; search of the person; totality of the circumstances; investigative detention; justification to conduct a pat down; probable cause; search incident to a lawful arrest
(Minor011615bt)
(Posted: January 21st 2015)
Criminal:
Post conviction relief act petition; timeliness; retroactive application of Alleyne decision; jurisdiction of the court
(Norris011615bt)
(Posted: January 21st 2015)
Criminal:
Motion to suppress; search of hotel room; misstatements of fact that invalidate a search; withholding highly relevant facts; probable cause; totality of the circumstances; nexus between contraband to be seized and place to be searched
(Bey012015L)
(Posted: January 20th 2015)
Criminal:
Post sentence motion; sufficiency of evidence of drug and corruption charges; admissibility of telephone calls alleged to be prejudicial; harmless error
(Walker012015a)
(Posted: January 20th 2015)
Criminal:
Motion to dismiss, remit and set aside bail forfeiture; lack of service of notice of bail forfeiture; encouraging bondsmen to actively seek the return of absent defendants; actual notice to bondsman of defendant's breach of bail conditions; prejudice
(DIXON011415L)
(Posted: January 15th 2015)
Criminal:
Motion to remit and set aside bail forfeiture; lack of service of notice of bail forfeiture for 8 years; ability of bondsmen to actively seek the return of absent defendant; prejudice; remission of forfeiture based on principles of equity; latches
(cox011415L)
(Posted: January 15th 2015)
Bailey vs. Anadarko E&P Company, LP, et al vs. Elder, et al vs. Hoyt Royalty, LLC; Hoyt Royalty, LLC, et al vs. Bailey, et al vs. International Development Corporation, et al
1.14.2015
Dudley N. Anderson
Civil:
Appeal
(bailey011415a)
(Posted: January 14th 2015)
Criminal:
Suppression motion; search of a person found at place where search warrant is executed; reasonable suspicion that person is engaged in sale of drugs; probable cause for arrest; defective search warrant; determination of probable cause to arrest not controlled by the determination of whether search warrant valid
(Faison011315bt)
(Posted: January 14th 2015)
Linde Corporation vs. Black Bear Property, LP; Black Bear Holdings, LLC; Dibble; Penn Central Corporation and Black Bear, LLC
1.12.2015
Dudley N. Anderson
Civil:
Non-jury trial verdict; mechanic's lien; written consent from the landlord; verbal lease; question of ownership; undelivered deed; equitable ownership; applicability of lien to property not improved
(linde011215a)
(Posted: January 13th 2015)
Civil:
Habeas corpus petition; sufficiency of evidence of possession of controlled substances; constructive possession; arguments that go to the weight of the testimony; accomplice liability; unduly suggestive identification; reliability of in court identification; motions to amend informations and to consolidate; prejudice; judicial economy; conspiracy charges
(harris-askew011315L)
(Posted: January 13th 2015)
Criminal:
Motion to terminate ARD; lack of candor at ARD hearing as to new arrests; evidence that ARD is not going to be effective to rehabilitate defendant
(White011315g)
(Posted: January 13th 2015)
Criminal:
Post-conviction relief act petition; issue previously litigated and ruled upon by the Superior Court
(Reynolds011215bt)
(Posted: January 13th 2015)
Criminal:
Appeal of district attorney's disapproval of private criminal complaint; disapproval based on a hybrid of legal_x000d_
and policy reasons; burden to prove district attorney abused his discretion; decision patently discriminatory, arbitrary, or pretextual; de novo review of legal basis for charges; venue
(Lund011215bt)
(Posted: January 13th 2015)
Cornwall Mountain Investments, L.P. vs. Thomas E. Proctor Heirs Trust, et al.
1.12.2015
Dudley N. Anderson
Civil:
Appeal; grant of reconsideration; jurisdiction of the court; statute of limitations in tax notice case
(cornwall011215a)
(Posted: January 12th 2015)
Criminal:
Suppression motion; traffic stop; reasonable suspicion or probable cause; nighttime search; additional reasonable cause; per se suppression for violation of the nighttime search rules; discovery requests
(Gooden010915L)
(Posted: January 10th 2015)
Criminal:
Suppression motion; custodial search; incorrect information concerning open bench warrant; good faith exception to the exclusionary rule; Pennsylvania constitutional law; independent probable cause to arrest for public drunkenness where no arrest was actually made; exceptional circumstances to arrest without warrant
(ruley010915L)
(Posted: January 10th 2015)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction
(monroe010715L)
(Posted: January 7th 2015)
Criminal:
Appeal; petitions for protection from abuse contempt; dismissal for failure of victim to appear at the hearing; refusal of court to continue hearing; due diligence of Commonwealth to procure presence of victim; insufficiency of evidence to meet Commonwealth burden
(mb010515m)
(Posted: January 6th 2015)
Criminal:
Post conviction relief act petition; ineffective assistance of counsel claim; failure to file post trial motion raising sufficiency of evidence; claim lacking merit; weight of the evidence; shocking conscious of court; sentencing discretion; multiple convictions of sex offenses against children; ludicrous claim that sentence of less than total confinement is preferable
(Barto010215L)
(Posted: January 6th 2015)
Custody:
Appeal; award of attorney fees for obdurate, vexatious, repetitive or in bad faith conduct
(SB010215m)
(Posted: January 6th 2015)
Criminal:
Habeas corpus petition; theft charges; prima facie case
(Shirk010515L)
(Posted: January 6th 2015)
Civil:
Summary judgement motions; duty of strip mall owner to business invitees of the various tenants for the common areas of which the landlord retains possession and control; negligent performance of an undertaking to perform a specific task under 324A of the Restatement (Second) of Torts; evidence of reliance on the undertaking; hills and ridges doctrine; generally slippery conditions as a result of recent precipitation
(Gamble010615)
(Posted: January 6th 2015)
Criminal:
Motion to suppress; special county detectives; sobriety checkpoints and DUI roving patrols; municipal_x000d_
police jurisdiction act; identification of person for temporary assignment; reasonable suspicion for vehicle stop
(Lucas123114bt)
(Posted: January 2nd 2015)
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