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:
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)
Criminal:
Motion to suppress; vehicle stop; reasonable suspicion; request for occupants to exit vehicle; pat down search of passengers; sufficient articulable basis for belief that Defendant may have been armed and dangerous; nervous appearing vehicle occupants; investigatory rather than custodial detention; Miranda warnings; search after arrest
(Minor123014bt)
(Posted: January 2nd 2015)
Criminal:
Appeal; sufficiency of evidence of kidnapping; removing the victim a substantial distance; intent to inflict bodily injury or terrorize the victim; mistrial motion on reference to prior bad acts; notice; inadvertent comment by the victim; cautionary instruction; discretion of the court to allow cross-examination of the defendant about previous text messages to victim; probative value outweighed by a danger of unfair prejudice; testimony opening the door; admissibility of evidence of victim's molestation and rape at early age; Rape Shield Law
(morrison123014g)
(Posted: December 30th 2014)
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; waiver of claims due to guilty plea; attorney coercion claim belied by guilty plea colloquy; bi-polar disorder addressed at guilty plea hearing; claimed conflict of interest by public defender who was also a borough council member in a community where one of the offences occurred
(McMillan123004L)
(Posted: December 30th 2014)
Adoption:
Agency petition for involuntary termination of parental rights; parent evidencing settled purpose of relinquishing parental claim to a child or refusing or failing to perform parental duties; incapacity, abuse, neglect or refusal of the parent; agency placement; clear and convincing evidence; sporadic visits with the child; needs and welfare of children; existing bond between children and parent
(AdoptionofAlTandAnT122914m)
(Posted: December 29th 2014)
Gorsline & Batkowski vs. Fairfield Township vs. Inflection Energy, LLC & Shaheen
12.23.2014
Marc F. Lovecchio
Civil:
Appeal
(Gorsline20141223L)
(Posted: December 23rd 2014)
Criminal:
Appeal
(Frederick20141223L)
(Posted: December 23rd 2014)
Criminal:
Post-conviction relief act petition; claim of illegal sentence under Alleyne v. United States; factual predicates for mandatory minimum proven to jury beyond a reasonable doubt as a result of conviction; waiver of suppression issues; issues decided in prior appeal; eligibility for relief under statute
(Ringkamp121914bt)
(Posted: December 19th 2014)
Criminal:
Post-sentence motion; admissibility of pre-trial identification of defendant, without police involvement; comments in prosecutor's closing speech responding to defense counsel's arguments; prosecutor's comment about the relationship of lying to sophistication of witnesses; prejudice required for prosecutorial misconduct; sufficiency and weight of evidence of robbery; propriety of allowing trooper to compare videoed gait of robber to that of defendant
(Jett121914bt)
(Posted: December 19th 2014)
Criminal:
Post conviction relief act petition; ineffective counsel; knowing, intelligent and voluntary guilty plea; waiver of all claims and defenses; guilty plea that was the product of coercion
(Tawney121814L)
(Posted: December 18th 2014)
Criminal:
Post-sentence motion; admissibility of evidence of possession of controlled substances by other occupants of vehicle; prejudice; circumstantial evidence of intent to deliver
(williams121614L)
(Posted: December 16th 2014)
Criminal:
Motion to dismiss drug delivery resulting in death charge; statute unconstitutionally void for vagueness; mens rea; clear and understandable notice of what conduct is prohibited
(budd121614L)
(Posted: December 16th 2014)
Pennlyco, Ltd. vs. Southwestern Energy Production Company; Pennlyco, Ltd. vs. International Development Corporation
12.15.2014
Dudley N. Anderson
Civil:
Appeal; timeliness; jurisdiction of lower court to enter second judgment order
(pennlyco121514a)
(Posted: December 15th 2014)
Civil:
Preliminary objections to cross-claim; status of defendants as joint tortfeasers; logical basis for apportionment of harm to plaintiff; inconvenient venue; additional travel time for defendant doctors; deference to plaintiff's choice of forum; forum oppressive or vexatious to the defendant; no evidence of forum shopping; discoverability of joint tortfeaser release; in camera review for potential bias due to the terms of release
(Dymeck121014bt)
(Posted: December 14th 2014)
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
12.10.2014
Dudley N. Anderson
Civil:
Motion for summary judgment; quiet title action; extinguishment of sub-surface rights by tax sale; failure to report severance of subsurface rights to taxing authorities; presumption that if severance had been reported, it_x000d_
would have been recorded and assessed; claimed presumption that record was destroyed by one of many floods; presumption that tax sale was properly held; violation of due process rights by tax sale notice requirements; condition to retention of property right; deemed abandonment
(bailey121014a)
(Posted: December 10th 2014)
Criminal:
Post conviction relief act petition; timeliness; retroactive application of Alleyne and Munday decisions
(Blackwell121014L)
(Posted: December 10th 2014)
Criminal:
Post conviction relief act petition; ineffective counsel; failure to elicit witness testimony that would exonerate defendant; lack of witness certification; no allegation that counsel was aware of possible exculpatory testimony at time of trial; witnesses already testifying
(Moore120814L)
(Posted: December 8th 2014)
Criminal:
Post conviction relief act petition; ineffective counsel; failure to file appeal to Supreme Court despite request by defendant; existence of non-frivolous appeal issues
(Burden120514L)
(Posted: December 6th 2014)
Criminal:
Appeal; excessive sentence; bald allegations; sentence within the sentencing guidelines; consideration of relevant factors
(marshall120514g)
(Posted: December 5th 2014)
Administrative Appeal:
Appeal of denial of application for zoning permit; application to move home to lot smaller than required minimum size; prior, non-conforming lot; division of original lot into several smaller parcels after minimum lot size was set by ordinance; requirement for engineering drawing; sufficiency of evidence of available public sewer; affirmance of decision with errors of law where decision rests on one solid ground
(fessler120414a)
(Posted: December 4th 2014)
Criminal:
Amended petition; post conviction relief act; ineffective counsel; no request for Frye hearing regarding expert testimony in fingerprinting; lack of attack on methodology; issue previously litigated in the Superior Court; claimed abandonment by trial counsel on appeal when new public defender entered an appearance; Alleyne issue relating to use of prior record score to impose sentence; narrow exception requiring jury determination of facts that increase the penalty for a crime
(Graham120114L)
(Posted: December 1st 2014)
Civil:
Non jury trial; claim for breach of contract; conveyance as part of an estate or asset protection plan; deed given in consideration of support; equitable relief; cancellation or rescission on equitable terms; failure of consideration
(vanhorn112114a)
(Posted: November 21st 2014)
Civil:
Prisoner suit; motion to strike default judgment entered against person who was never properly made a defendant; fatal defect apparent upon the record; permissible pleadings; necessity to respond to answer to new matter with new matter; prison conditions litigation; three strikes rule; revocation of IFP status
(Ball112114g)
(Posted: November 21st 2014)
Civil:
Preliminary objections; contract claim; personal liability of corporate shareholders; presumption against piercing the corporate veil; general factual allegations and legal conclusions
(harris111814a)
(Posted: November 18th 2014)
Criminal:
Post-sentence motion; sufficiency and weight of evidence; circumstantial evidence of theft; failure of jury to believe claim that defendant was borrowing rather than stealing a gun, did not shock the conscious of the court; claimed excessive sentence
(Harvey111814bt)
(Posted: November 18th 2014)
Criminal:
Suppression motion; search of a parolee's apartment by parole agents; reasonable suspicion to believe that the parolee committed a parole violation; police officer's entry into apartment at invitation of parole agents, after they observe drugs
(Mullen111314bt)
(Posted: November 13th 2014)
Civil:
Answer/objections/complaint in equity opposing condemnation of temporary easement and right of way; private or public taking; temporary construction easement and the pipeline easement; public utility exemption; timeliness of objections
(lauchle110714g)
(Posted: November 7th 2014)
Criminal:
Commonwealth's motion to amend Information; prejudice; addition of substantive offenses to supplement already charged conspiracy offenses
(Forshyte110714L)
(Posted: November 7th 2014)
Criminal:
Petition to enforce plea agreement or for writ of habeas corpus; sexual offender registration; retroactive application of sex offender registration act; requirements for life registration
(Shrawder110414bt)
(Posted: November 7th 2014)
Criminal:
Habeas corpus petition; wiretap interception of telephone calls; sufficient basis for identifying voice on intercepted call; sufficiency of evidence of drug delivery, conspiracy, criminal use of a communication facility, or for corrupt organizations; suppression; probable cause to issue wiretap order; sufficiency of allegations in wiretap application; compliance with wiretap order; minimization plan; issue of single conspiracy or multiple conspiracies
(Johnson110714bt)
(Posted: November 7th 2014)
Criminal:
Motion for an order directing the Commonwealth to seek review of the federal government's investigative file and for authority to issue a subpoena; environmental violations related to fracking; cross-jurisdictional constructive possession; disclosure of exculpatory evidence in possession of the federal government
(XTO110314L)
(Posted: November 3rd 2014)
Criminal:
Petition for writ of habeas corpus; sufficiency of evidence of receiving stolen property
(Benyo103114bt)
(Posted: November 3rd 2014)
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