Civil:
Motion for reconsideration; viability of notice of tax sale; inadequate property description in notice of sale; violation of due process; applicability of statute of limitations where notice is defective
(cornwall103114a)
(Posted: November 3rd 2014)
SB vs. JB-S
11.3.2014
Joy Reynolds McCoy
Custody:
Petition for counsel fees, costs, and expenses; conduct of party that was obdurate, vexatious, repetitive or in bad faith; obdurate conduct involving mother encouraging child to make false report of abuse by father; filing emergency petition without factual grounds; best interests of child; mother's damaging behavior traumatizing the child; reasonableness of attorney bill; mother's limited financial resources
(sb110314m)
(Posted: November 3rd 2014)
Commonwealth vs. Taylor
10.27.2014
Marc F. Lovecchio
Criminal:
Writ of habeas corpus; sufficiency of evidence to establish prima facie case of DUI, resisting arrest and reckless endangerment; applicability of Miranda warnings to field sobriety testing; non-testimonial conduct
(taylor102714L)
(Posted: October 27th 2014)
Civil:
Non-jury trial; claim of negligent or intentional misrepresentation concerning possible rescission of resignation of employment; credibility determinations
(Iski102714a)
(Posted: October 27th 2014)
Commonwealth vs. Gordon
10.27.2014
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion of violation of the vehicle code to initiate vehicle stop; use of preliminary breath test to determine probable cause to arrest; totality of the circumstances to establish probable cause; admissibility of horizontal nystagmus test; adequate foundation for admission of the test results
(Gordon102714bt)
(Posted: October 27th 2014)
WD vs. CS
10.23.2014
Richard A. Gray
Support:
Complaint to establish paternity and for genetic testing; acknowledgment of paternity executed by mother and another party; mother having sexual relationship two men at about the same time; petition filed within 60 days of another's acknowledgment of paternity; mistake of fact about date of conception
(wdpaternity102314g)
(Posted: October 23rd 2014)
Commonwealth vs. Wright
10.23.2014
Nancy L. Butts
Criminal:
Suppression motion; vehicle stop; reasonable suspicion of impaired driving and violation of vehicle code
(Wright102314bt)
(Posted: October 23rd 2014)
Commonwealth vs. Fisher
10.23.2014
Nancy L. Butts
Criminal:
Motion to dismiss; failure to comply with Megan's Law registration; unconstitutionality of statute; amending information to charge under prior constitutional statute
(Fisher102314bt)
(Posted: October 23rd 2014)
Commonwealth vs. Reilly
10.22.2014
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause to stop vehicle; violation of borough ordinance by parking in park after sundown; lack of notice of existence of ordinance as affecting probable cause
(reilly102214L)
(Posted: October 22nd 2014)
Commonwealth vs. Drummond
10.17.2014
Marc F. Lovecchio
Criminal:
Suppression motion; reasonable suspicion to stop defendant due to belief of officer that there was an outstanding warrant; totality of the circumstances; defendant's flight when asked to stop; probable cause to arrest after discovery of discarded drugs; requests for disclosure of any promises of immunity, leniency or preferential treatment and complete criminal history; requests for disclosure of bad acts evidence; discovery of expert reports; petition for writ of habeas corpus; sufficiency of evidence of possession of a firearm, allegedly discarded by defendant
(Drummond101714L)
(Posted: October 17th 2014)
Civil:
Motion for partial judgment on pleadings; landlord tenant case; request for order of possession; construction of lease; validity of notice to end the lease; effect of renewal provision
(iriscommons101714a)
(Posted: October 17th 2014)
Commonwealth vs. Rosato
10.16.2014
Richard A. Gray
Criminal:
Post-conviction relief act petition; ineffective assistance of counsel; reference of counsel to incorrect standard in suppression motion; lack of prejudice; issues occurring after counsel was terminated by defendant; technical defect in affidavit of probable cause
(Rosato101614g)
(Posted: October 16th 2014)
Commonwealth vs. Bucher
10.16.2014
Nancy L. Butts
Criminal:
Commonwealth motion for disposition of property; plea agreement to forfeit firearm; objection by defendant to order of disposition or destruction; notice and an opportunity to be heard
(Bucher101614bt)
(Posted: October 16th 2014)
Commonwealth vs. Ball
10.15.2014
Marc F. Lovecchio
Criminal:
Post-sentence motion; sufficiency and weight of evidence of the crimes of aggravated harassment by a prisoner and simple assault; shocking the conscience of the court; credibility determinations; excessive sentence; court's sentencing discretion
(ball10202014L)
(Posted: October 15th 2014)
Civil:
Remand from Superior Court to decide preliminary objections and motion for judgment on the pleadings; law of the case; res judicata claim relating to non-final order; standing of interested party to file declaratory judgment action; authority to file declaratory judgment action rather than contract claim; imposing constructive trust on an expectancy
(Southwestern101514a)
(Posted: October 15th 2014)
Commonwealth vs. Davidson
10.15.2014
Richard A. Gray
Criminal:
Post-conviction relief act petition; timeliness; voluntariness of guilty plea; legality of sentence; sentencing in accordance with plea agreement
(davidson101514g)
(Posted: October 15th 2014)
Civil:
Summary judgment motion; trip and fall; pavement irregularity; trivial defect
(walker101314g)
(Posted: October 13th 2014)
Commonwealth vs. Barto
10.9.2014
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel; claimed attorney conflict of interest; proof of actual prejudice; refusal to testify in own defense; failure to specify what testimony she would have provided to change result of trial
(Barto20141009L)
(Posted: October 9th 2014)
Commonwealth vs. Tanner
10.2.2014
Nancy L. Butts
Criminal:
Post-conviction relief act petition; waiver of preemptory challenge issue by failing to raise before trial; ineffective assistance of counsel issues waived by failing to raise in previous petition; timeliness of claim of illegal sentence; jurisdiction
(Tanner100214bt)
(Posted: October 7th 2014)
JM vs. SF
10.2.2014
Joy Reynolds McCoy
Custody:
Petition to modify custody; visitation during incarceration; best interests of the children; lack of parental threat in prison setting; safety in presence of other inmates; behavioral issues of child after visit in prison
(jm100214m)
(Posted: October 6th 2014)
Criminal:
Motions to sever; assault case; use of bad acts evidence against 1 defendant; guilt by association; specific prejudice; speculation about conflicting or antagonistic defenses; judicial economy
(MartinWillsForsythe100114L)
(Posted: October 2nd 2014)
Civil:
Petition to strike default judgment entered in 1951; service by publication; defect on the face of the record; consideration of matters outside of the record
(ketagas100214a)
(Posted: October 2nd 2014)
Commonwealth vs. Tilburg
10.2.2014
Nancy L. Butts
Criminal:
Omnibus pretrial motion; vehicle stop; reasonable suspicion that a turn-signal violation had occurred; accounting for physical ailments in administering field sobriety tests; admissibility of audio of DUI processing center proceedings; valid waiver of Miranda rights; volunteered or spontaneous utterances; background questions; suppression of comments reasonably likely to elicit incriminating information
(Tilburg100214bt)
(Posted: October 2nd 2014)
Commonwealth vs. Cobb
9.30.2014
Richard A. Gray
Criminal:
Petition to set aside or remit the bail forfeiture; setting aside forfeiture if justice does not require the full enforcement of forfeiture order; exoneration of sureties; consideration of factors including willfulness of the defendant's breach of the bond, cost, inconvenience and prejudice suffered by the government, and any explanation or mitigating factors; partial remittitur; vindication of injury to the public
(Cobb093014g)
(Posted: October 1st 2014)
Commonwealth vs.Wiley
10.1.2014
Dudley N. Anderson
Criminal:
Motion to dismiss; rule 600; due diligence to bring case to trial; computation of time; reliance on the District Judge's compliance with rules of criminal procedure
(Wiley100114a)
(Posted: October 1st 2014)
MS vs. TS
9.26.2014
Dudley N. Anderson
Support:
Appeal; exceptions to child support order; inclusion in income of non-guaranteed, nonmandatory over-time; material change in the parties' incomes; determination of whether the payment of child support amount would prejudice children's welfare; enforceability of contractual obligation which prejudices children's welfare
(ms092614a)
(Posted: September 27th 2014)
Civil:
Preliminary objection to new matter and counterclaim; legal sufficiency or insufficiency of pleading; vague allegation that lacks facts; gist of the action; tort claim arising from contractual relationship
(Trenco092314g)
(Posted: September 24th 2014)
Bower Estate
9.24.2014
Richard A. Gray
Wills and Estates:
Petition to remove administrator of estate; evidence of hostility or favoritism; valid basis for discontinuation of lawsuit; validity of asset transfer; ill-feeling endangering estate; failure of administrator to fulfill primary duties of marshalling assets, providing an inventory, accounting and making a proposed distribution in timely manner
(Bower092414g)
(Posted: September 24th 2014)
Commonwealth vs. Martin
9.23.2014
Marc F. Lovecchio
Criminal:
Habeas corpus petition; witness unwilling to testify; forfeiture by wrongdoing; admissibility of statements; coordinate jurisdiction rule; change in facts or evidence giving rise to dispute; sufficiency of evidence of burglary, criminal trespass, robbery, terroristic threats, assault and theft offenses and conspiracy; suppression motion; standing; privacy interest in another's phone records; privacy interest in use of stolen phone due to theft charges; Pennsylvania constitutional rights; automatic standing; reasonable expectation of privacy
(Martin092314L)
(Posted: September 24th 2014)
In re: AMR
9.23.2014
Joy Reynolds McCoy
Adoption:
Petition for termination of parental rights; father's failure to appear at hearing; pending arrest warrant for father; settled purpose to relinquish a parental claim or failure to perform parental duties for at least 6 months; failure to contest termination petition; stated intention to voluntarily relinquish parental rights; repeated and continued incapacity, abuse, neglect or refusal to provide care; lack of bond with father; existing bond with resource parents
(AdoptionofAMR092314m)
(Posted: September 24th 2014)
Civil:
Summary judgment motion; subjecting owner of sub-surface rights to mechanic's lien claim; lack of contract with oil and gas right owner; implying contract where non-contracting party may receive a benefit
(linde092314a)
(Posted: September 24th 2014)
Civil:
Summary judgment motion; wrongful discharge suit; employee discharged for refusing to lie in environmental record keeping for government agency; violation of public policy
(mccloskey092314a)
(Posted: September 24th 2014)
Commonwealth vs. Willits
9.22.2014
Nancy L. Butts
Criminal:
Appeal; sufficiency and weight of evidence of burglary, attempted robbery and assault
(Willits092214bt)
(Posted: September 23rd 2014)
Commonwealth vs. Goff
9.22.2014
Nancy L. Butts
Criminal:
Motion to dismiss; rule 600; computation of delay attributable to the Commonwealth; judicial delay; effect of petition for permission to appeal on delay computation; discretion of the trial court on whether to proceed in case with pending appeal petition; due diligence
(Goff092214bt)
(Posted: September 23rd 2014)
Civil:
Summary judgment motion; sovereign immunity; real estate exception; injury facilitated by dangerous condition of real estate and not caused by it
(Merryman091714a)
(Posted: September 22nd 2014)
Commonwealth vs. Caudell
9.14.2014
Nancy L. Butts
Criminal:
Suppression motion; search of a home for a person with a gun; exigent circumstances; probable cause to make an arrest; protective sweep; independent source doctrine; inevitable discovery
(Caudell091614bt)
(Posted: September 19th 2014)
Civil:
Non-jury verdict; forfeiture; convicted drug dealer; seized cash; claimed settlement from work injury and from bingo winnings; nexus between money and property, and illegal drug activity; shifting burden of establishing that funds came from legitimate source; credibility of explanation for source of cash
($34077USCurrency091214g)
(Posted: September 16th 2014)
Niklaus and O'Dell vs. Wild
9.16.2014
Dudley N. Anderson
Civil:
Motion for new trial; zero verdict; admitted negligence; causation issue; admissibility of Social Security disability determination; pre-existing conditions; cumulative evidence; prejudicial impact; weight of evidence; unrebutted expert testimony; factual basis of expert's opinion attacked on cross examination
(Niklaus091614a)
(Posted: September 16th 2014)
Commonwealth vs. Beatty
9.11.2014
Nancy L. Butts
Criminal:
Appeal; authority of court to modify sentence more than 30 days after imposition; appealability of challenge to legality of sentence; credit against more than one sentence for same time served
(Beatty091114bt)
(Posted: September 15th 2014)
Commonwealth vs. Smith
9.11.2014
Nancy L. Butts
Criminal:
Suppression motion; vehicle stop of driver in mistaken belief that she was another person, whose license was suspended; DUI arrest; good faith exception; objectively reasonable mistake
(Smith091114bt)
(Posted: September 15th 2014)
Criminal:
Habeas corpus opinion; attempted murder charges; evidence of intent to kill; presumption of specific intent to kill from use of gun on vital part of victim's body
(Washington091114bt)
(Posted: September 15th 2014)
In re: SP
9.8.2014
Marc F. Lovecchio
Administrative Appeal:
Petition for review of involuntary commitment; compliance with procedures of Mental Health Act; determination of whether petitioner is severely mentally disabled and in need of treatment in that he presents a danger to himself or others
(sp090814L)
(Posted: September 10th 2014)
Commonwealth vs. McHenry
9.8.2014
Marc F. Lovecchio
Criminal:
Habeas corpus petition; failure of sexual offender to register new address; occasional sleeping over with girlfriend; established domicile; status as transient; registration of temporary lodging
(McHenry090814L)
(Posted: September 10th 2014)
Commonwealth vs. Kirkland
9.2.2014
Marc F. Lovecchio
Criminal:
Petition for return of property; credibility of testimony of alleged theft; available remedies where police disposed of property to other than rightful owner
(kirkland090314L)
(Posted: September 5th 2014)
Commonwealth vs. Trapp
9.5.2014
Marc F. Lovecchio
Criminal:
Commonwealth's motion to preclude expert testimony regarding eyewitness identification; delayed notice of intention to use expert witness; discretion of court; case neither solely nor primarily based on eyewitness testimony
(Trapp090514L)
(Posted: September 5th 2014)
Flynn Estate
9.5.2014
Marc F. Lovecchio
Wills and Estates:
Petition to purchase property; interpretation of family agreement; conveyance of real estate to joint tenants with right of survivorship; intentions of the parties; clear and unambiguous contract; integration clause; use of parol evidence
(Flynn090514L)
(Posted: September 5th 2014)
Commonwealth vs. Bodle
9.5.2014
Marc F. Lovecchio
Criminal:
Appeal
(Bodle090514L)
(Posted: September 5th 2014)
Commonwealth vs. Kemp
9.5.2014
Marc F. Lovecchio
Criminal:
Appeal
(Kemp090514L)
(Posted: September 5th 2014)
Commonwealth vs. Dye
9.3.2014
Richard A. Gray
Criminal:
Appeal; suppression issue; good cause for not obtaining blood sample within 2 hours; establishing specific timeline of events on the record; evidence of variables that led to blood draw occurring outside 2-hour window
(dye090314g)
(Posted: September 3rd 2014)
Commonwealth vs. Scott
8.29.2014
Nancy L. Butts
Criminal:
Post-conviction relief act petition; ineffective counsel; relating contents of pre-sentence investigation report; claim of court bias for requiring a home plan before parole; failure of counsel to request concurrent sentence; likelihood of different outcome; legality of sentence of probation violator
(Scott082914bt)
(Posted: September 3rd 2014)
Commonwealth vs. Johnson
8.29.2014
Nancy L. Butts
Criminal:
Appeal; excessive and unreasonable sentence for rape; consideration of relevant factors
(Johnson082914bt)
(Posted: September 3rd 2014)
Commonwealth vs. Osborne
8.29.2014
Nancy L. Butts
Criminal:
Habeas corpus petition; assault case; viability of memory of victim who had a 0.357% blood alcohol level and who had used marijuana; prima facie case; issues for the finder of fact
(Osborne082914bt)
(Posted: September 3rd 2014)
Administrative Appeal:
Appeal of conditional use approval, installation of gas well pad; waiver by failure to raise before the board; burden of proof to show compliance with requirements of zoning ordinance; statutory interpretation; deference to municipality's interpretation; interpretation of ambiguous language; substantial evidence that proposed use is similar to other uses permitted in zone; abuse of discretion; sufficiency of evidence; consideration of general purpose of particular zone; burden to prove detriment to public health, safety and_x000d_
welfare of the neighborhood
(Gorsline082914L)
(Posted: August 31st 2014)
Commonwealth vs. Riggle
8.29.2014
Nancy L. Butts
Criminal:
Appeal; mandatory minimum sentence for sex crime with a minor; failure to submit to jury; violation of 6th amendment; jury determination of element essential to imposition of mandatory sentence; due process concerns in fixing the date of offenses which involve continuous course of criminal conduct
(Riggle082214bt)
(Posted: August 31st 2014)
Commonwealth vs. Turner
8.27.2014
Marc F. Lovecchio
Criminal:
Commonwealth's motion in limine; renunciation defense; retail theft; inchoate crimes; taking possession of property with the intention of depriving merchant of property as allegation of "attempt"; voluntariness of renunciation
(Turner082714L)
(Posted: August 27th 2014)
Commonwealth vs. Clay
8.19.2014
Nancy L. Butts
Criminal:
Suppression motion; instruction to "show your hands" as a seizure; investigative detention; reasonable suspicion; totality of circumstances; coerced abandonment of firearm
(Clay081914bt)
(Posted: August 23rd 2014)
Commonwealth vs. Deprenda
8.5.2014
John B. Leete, Specially Presiding
Criminal:
Petition for writ of habeas corpus; charges related to death resulting from police chase; admissibility of in-service training course taken by officer on emergency vehicle operation; hearsay objection; conditional privilege of operators of emergency vehicles; due regard for safety; evidence of reckless conduct; foreseeability; contributory negligence of deceased driver as defense to vehicular homicide
(deprenda080514Leete)
(Posted: August 20th 2014)
JMH Adoption
8.18.2014
Joy Reynolds McCoy
Adoption:
Petition for termination of parental rights; lack of any contact of child with father; settled purpose to relinquish a parental claim or failure to perform parental duties for at least 6 months; obstacles preventing contact with child; Father demonstrating only passing interest in child; lack of bond with father; existing bond with proposed adoptive father
(AdoptionofJH081814m)
(Posted: August 20th 2014)
Criminal:
Motion in limine to preclude blood tests; DUI arrest; suppression of blood tests; blood drawn without warrant; lack of exigent circumstances; constitutionality of implied consent laws; voluntariness of consent to draw blood; coercion by threat of more jail time for refusal
(Altman081514bt)
(Posted: August 19th 2014)
ALR Adoption
8.18.2014
Joy Reynolds McCoy
Adoption:
Petition for termination of parental rights; lack of any contact of child with father; settled purpose to relinquish a parental claim or failure to perform parental duties for at least 6 months; failure to contest termination petition; lack of bond with father; existing bond with proposed adoptive father.
(AdoptionofAR081814m)
(Posted: August 18th 2014)
TG Adoption
8.15.2014
Joy Reynolds McCoy
Adoption:
Petition for termination of parental rights; lack of any contact of child with father for several years; settled purpose to relinquish a parental claim or failure to perform parental duties for at least 6 months; lack of bond with father; existing bond with proposed adoptive father
(AdoptionofTG081514m)
(Posted: August 16th 2014)
Commonwealth vs. Rhinehart
8.13.2014
Marc F. Lovecchio
Criminal:
Appeal; sufficiency of evidence of endangering the welfare of child; credibility of witnesses; use of bath salts while responsible for care of child
(rhinehart081314L)
(Posted: August 13th 2014)
Commonwealth vs. Amos
8.13.2014
Marc F. Lovecchio
Criminal:
Appeal; timeliness; eligibility for RRRI sentence under statutory definition; waiver of RRRI as a part of plea agreement
(Amos081314L)
(Posted: August 13th 2014)
Administrative Appeal:
Appeal of District Attorney's decision to deny request for the filing of a private criminal complaint; ability to convince jury beyond a reasonable doubt of guilt of defendant; reasonable question as to defendant's innocence; abuse of discretion standard; comparing facts in unrelated criminal prosecution; claimed discriminatory intent; ordinary exercise of prosecutorial discretion involving evaluation of the evidence
(mcclure081314a)
(Posted: August 13th 2014)
Commonwealth vs. Weeks
7.28.2014
Nancy L. Butts
Criminal:
Post-conviction relief act petition; ineffective counsel; claimed defective search warrant; substantial nexus between gun used in the crime and place to be searched
(Weeks072814bt)
(Posted: August 12th 2014)
Commonwealth vs. Williams
7.28.2014
Nancy L. Butts
Criminal:
Post-sentence motion; sufficiency of evidence of robbery; defendant participated in attack as a member of a group; weight of the evidence; verdict shocking the court's sense of justice
(Williams072814bt)
(Posted: August 12th 2014)
Criminal:
Motion to suppress; reasonable suspicion for traffic stop and to request field sobriety tests; probable cause to request blood sample
(Hernandez073014bt)
(Posted: August 12th 2014)
Commonwealth vs. Lee
8.1.2014
Nancy L. Butts
Criminal:
Appeal; sufficiency of evidence of retail theft; concealing unpurchased property in store; sentencing discretion; significant history of offenses and violations of supervision rules
(Lee080114bt)
(Posted: August 12th 2014)
Commonwealth vs. Bonner
8.7.2014
Richard A. Gray
Criminal:
Defendant's motion for habeas corpus - motion to dismiss charges; prima facie finding that defendant intended to commit crime; sufficiency of evidence of burglary
(bonner080714g)
(Posted: August 10th 2014)
Commonwealth vs. Miller
8.8.2014
Richard A. Gray
Criminal:
Defendant's motion for habeas corpus to dismiss the charges of simple assault, criminal mischief and harassment; sufficiency of evidence; intent to cause or causing serious bodily injury; grading of criminal mischief
(miller080814g)
(Posted: August 10th 2014)
Commonwealth vs. Wallace
8.7.2014
Marc F. Lovecchio
Criminal:
Commonwealth's motion to forfeit bail; remission of bail forfeiture; commercial bondsman; deterrence value of forfeiture; interests of justice; duty of bail bondsman; partial forfeiture
(Wallace080714L)
(Posted: August 7th 2014)
Commonwealth vs. Kanski
8.5.2014
Marc F. Lovecchio
Criminal:
Pretrial motion; timeliness; cause shown; negligence or mere inadvertence by counsel; resulting injustice; probable cause for DUI arrest; roadblock
(Kanski080514L)
(Posted: August 5th 2014)
Commonwealth vs. Charles
8.5.2014
Marc F. Lovecchio
Criminal:
Suppression motion; traffic stop; probable cause; observed window tinting violation
(charles080514L)
(Posted: August 5th 2014)
Hawkes Estate
8.3.2014
Marc F. Lovecchio
Wills and Estates:
Petition to compel transfer of asset; doctrine of merger by deed; hiding assets from spouses or creditors; statute of frauds; set-off claim
(Hawkes080314L)
(Posted: August 4th 2014)
PennDOT vs. Lyon
8.1.2014
Joy Reynolds McCoy
Administrative Appeal:
License suspension appeal; denial of motion for reconsideration; timeliness of appeal; refusal to give blood for testing in DUI arrest; inability to make knowing and conscious refusal of testing caused by consumption of alcohol; discretion of court to deny continuance request; termination of attorney on date scheduled for trial
(Lyon080114m)
(Posted: August 4th 2014)
Civil:
Motion for partial judgment on the pleadings; mineral rights; tax sale; authority of taxing authorities to tax mineral rights; retroactive effect of court decision to overturn 1932 tax sale; application of Dunham Rule defining "mineral rights" to tax sale; interpretation of viability of reservations in ancient deeds; interpretation of assessment records; presumption that tax sale followed required actions absent affirmative proof to contrary
(Cornwall080414a)
(Posted: August 4th 2014)
Civil:
Appeal; striking of default judgment; defect on the face of the judgment; review of factual record as opposed to reliance on disputed facts; ability of trial court to contravene appellate authority based on opinion of concurring appeal court judge
(NorthernForests080414a)
(Posted: August 4th 2014)
Civil:
Preliminary objections to amended complaint; dog bite; interpretation of Dog Law; strict liability for medical expenses; delineation of responsibility of Commonwealth to pay medical expenses
(Warner080414a)
(Posted: August 4th 2014)
Commonwealth vs. Smith
8.4.2014
Dudley N. Anderson
Criminal:
Appeal; post conviction relief act petition dismissal; voluntary nature of guilty plea; written guilty plea colloquy; acknowledgement of understanding of sentence in open court; failure to file appeal; lack of prejudice
(smith080414a)
(Posted: August 4th 2014)
Commonwealth vs. Short
7.31.2014
Marc F. Lovecchio
Criminal:
Motion to suppress nunc pro tunc; lawful mere encounter; claim of forced abandonment; headlong flight suggesting wrongdoing giving rise to reasonable suspicion; probable cause to arrest
(short073114L)
(Posted: August 3rd 2014)
Commonwealth vs. Jackson
8.1.2014
Richard A. Gray
Criminal:
Post conviction relief act hearing on remand from Superior Court; ineffective assistance of counsel; failure to_x000d_
object to testimony about defendant's prior drug activity; trial counsel strategy lacking reasonable basis; attempt to undermine witness credibility; admissibility of evidence of bad acts; res gestae exception; chain or sequence of events; prejudice
(jackson080114g)
(Posted: August 3rd 2014)
Commonwealth vs. Snyder
7.16.2014
Marc F. Lovecchio
Criminal:
Motion to suppress; reasonable suspicion for traffic stop; DUI case; officer's observation of traffic violations
(Snyder071614L)
(Posted: July 23rd 2014)
Commonwealth vs. Boyd
6.27.2014
Marc F. Lovecchio
Criminal:
Motion to suppress contents of telephone conversation with mother; applicability of Wire Tapping and Electronic Surveillance Control Act; aggrieved persons; consent to recording cellular telephone call in police interview room
(Boyd062714L)
(Posted: July 21st 2014)
Commonwealth vs. Graham
7.21.2014
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel; failure to raise identification issues; litigation strategy; lack of improper police conduct resulting in suggestive identification; issues previously litigated or waived; viability of challenge to fingerprint evidence; claimed violation of Constitutional rights by using testimony of former girlfriend; inapplicability of sentencing guidelines where mandatory sentence applied; speedy trial rights; delays attributable to defendant; timeliness of the Commonwealth's witness disclosure
(Graham072114L)
(Posted: July 21st 2014)
Commonwealth vs. Dunn
7.21.2014
Marc F. Lovecchio
Criminal:
Habeas corpus motion; terroristic threats by making threatening statements against the family of a Pennsylvania State Police trooper; statements made in a moment of anger; prima facie case
(Dunn072114L)
(Posted: July 21st 2014)
LH vs. JH
7.9.2014
Joy Reynolds McCoy
Divorce:
Motion to enforce spousal support agreement; offer and acceptance; clear and unambiguous language of agreement; reasonableness of timing of acceptance
(LH070914m)
(Posted: July 19th 2014)
Commonwealth vs. Dotson
7.18.2014
Marc F. Lovecchio
Criminal:
Appeal; intermediate punishment modification upon violation; waiver of objections
(Dotson071814L)
(Posted: July 19th 2014)
Commonwealth vs. Wills
7.17.2014
Richard A. Gray
Criminal:
Motion to amend the information to add substantive offenses; defect in form or description; prejudice; sufficiently similar offense elements; timing allowing for notice and preparation by defense
(Wills071714g)
(Posted: July 17th 2014)
Civil:
Non-jury verdict; forfeiture of seized property; traffic stop; search and seizure of heroin, marijuana, cocaine and cash; drug conviction; credibility; corroborating testimony
(impala25071014g)
(Posted: July 15th 2014)
Commonwealth vs. Lanier
7.11.2014
Nancy L. Butts
Criminal:
Post-sentence motion; summary offense conviction; sufficiency of evidence of harassment; weight of the evidence; excessive sentence
(Lanier071114bt)
(Posted: July 15th 2014)
Commonwealth vs. Clark
7.11.2014
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness
(Clark071114bt)
(Posted: July 15th 2014)
Commonwealth vs. Barker
7.11.2014
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness
(Barker071114bt)
(Posted: July 15th 2014)
Commonwealth vs. Harding
7.8.2014
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion of a violation of the motor vehicle code to stop a car; combination of innocent facts, after speeding violation, warranting further investigation; reasonable suspicion to justify canine sniff of automobile; probable cause for search warrant
(Harding070814bt)
(Posted: July 9th 2014)
Civil:
Preliminary objections; DUI related accident; pleading negligent entrustment; dram shop common-law negligence; asset sale and liability of new company for the debts and liabilities of the selling company; liability of estate for tort of administrators; speaking demurrer alleging facts not in complaint
(Barr070714g)
(Posted: July 8th 2014)
LA vs. AD
7.2.2014
Joy Reynolds McCoy
Custody:
Petition to transfer venue from North Carolina to Lycoming County; exclusive, continuing jurisdiction; no parental connection to North Carolina; jurisdiction of Pennsylvania court; effect of the forum selection clause in custody agreement, that would litigate child custody dispute in court that lacks subject matter jurisdiction
(Dority070214m)
(Posted: July 3rd 2014)
Commonwealth vs. Beamer
6.30.2014
Richard A. Gray
Criminal:
Appeal; nonjury verdict; sufficiency of the evidence; DUI; credibility; examination of witness about his consumption of alcohol; foundation and factual basis suggesting that witness may have been intoxicated
(Beamer063014g)
(Posted: July 2nd 2014)
Commonwealth vs. BH
6.23.2014
Nancy L. Butts
Criminal:
Petition for habeas corpus; prima facie case of drug possession, endangering a child and course of conduct; drug use in presence of child with meager attempts to hide use
(BH062314bt)
(Posted: June 26th 2014)
Criminal:
Appeal; unduly harsh and excessive sentence; revocation of probation; probationary order not serving its_x000d_
desired rehabilitation effect
(Shollenberger062314bt)
(Posted: June 26th 2014)
Commonwealth vs. Fisher
6.25.2014
Marc F. Lovecchio
Criminal:
Appeal; post conviction relief act petition; petition seeking credit for time served; waiver for failure to file rule 1925 statement; duplicate credit
(fisher052514L)
(Posted: June 25th 2014)