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:
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)
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)
Civil:
Motion for summary judgment; trip and fall case; interpretation of joint tortfeaser release; release of heir of joint tortfeaser for heir's own negligence; indemnity or contribution claim
(greenwell052414g)
(Posted: June 24th 2014)
Criminal:
Post conviction relief act petition; sentencing guidelines applicability to sentences imposed as a result of probation or parole revocations; court's consideration of family circumstances during sentencing
(Tawney061614L)
(Posted: June 16th 2014)
Civil:
Preliminary objections; partition case; equitable interest in real property; available relief
(marzo061314g)
(Posted: June 13th 2014)
Criminal:
Motion to suppress; DUI; motor vehicle stop; probable cause; multiple violations of the motor vehicle code
(harris060214L)
(Posted: June 9th 2014)
Criminal:
Post sentence motion for judgment of acquittal and for new trial; robbery and burglary offenses; sufficiency of identification evidence
(Frederick060914L)
(Posted: June 9th 2014)
Civil, Criminal:
Commonwealth motion to reconsider sentence; credit for presentencing incarceration against more than one sentence for the same time served; factors to be considered in sentencing; effect of incarceration on defendant's psychological conditions; appropriate sentence where incarceration is causing behavior of defendant to deteriorate
(Ball060914L)
(Posted: June 9th 2014)
Criminal:
Post sentence motion; murder case; subject matter for expert testimony; use of term “execution style shooting”; oratorical flair in prosecutor's argument; coordinate jurisdiction rule; preclusion of expert testimony on effect of intoxication on defendant; harmless error; mistrial motion; Commonwealth medical witness called on to provide medical care to juror; cautionary instruction; expert testimony that knife is offensive weapon; admissibility of evidence of victim's companion's criminal record; relevance and remoteness; defendant opening the door to admissibility of precluded evidence; discretion of the court in admitting some but not all photographs of defendant's injuries; preclusion of evidence of defendant's "possible concussion"; requisite standard of certainty for expert testimony; evidence required for voluntary manslaughter and heat of passion instructions; sufficiency of evidence; self defense evidence; weight of the evidence; claimed excessive sentence
(Kemp060914L)
(Posted: June 9th 2014)
Criminal:
Non-jury trial; DUI; sufficiency of evidence of vehicle operation; chemical testing timing; good cause as to why blood test sample could not be obtained within two hours; delay caused by defendant's extreme intoxication
(Grimes060514L)
(Posted: June 5th 2014)
Civil:
Petition to file a motion for post-trial relief nunc pro tunc; direct appeal of non-jury verdict dismissed for failure to file post trial motions; extraordinary circumstances interfering with the timely filing of motion; several day delay between when prothonotary filed verdict and when it was mailed, claimed to have resulted in 3 month delay in filing post trial motions; equities considered
(Giles060414g)
(Posted: June 4th 2014)
Wills and Estates:
Objections to first and final account; extended delay is settling estate; executor's duty to the estate; disputes among family members and litigation; reasonableness of attorney and executor fees; reasonableness of executor's expenses; surcharge requests related to sales of real estate and condemnation settlement; dispute as to retention or distribution of real estate asset
(Eiswert060314L)
(Posted: June 3rd 2014)
Criminal:
Motion in limine to preclude bad acts; multiple incidents of violence toward spouse; prejudice; evidence as illustrative of continual abuse; motive; cautionary instruction
(hill060214L)
(Posted: June 2nd 2014)
Criminal:
Extradition; petition for writ of habeas corpus; prima facie showing that crime was committed in demanding state; credibility of defendant; propriety of extradition papers; governor's warrant as prima facie evidence that the legal requirements have been met; authority of counsel to agree to extension of time for hearing.
(Ingram052314L)
(Posted: May 30th 2014)
Criminal:
Habeas corpus petition; reckless operation of a barrel train; sufficiency of evidence of commission of a crime; assault; existence of bodily injury; prima facie case; endangering welfare of child
(Feerrar053014L)
(Posted: May 30th 2014)
Criminal:
Petition for post-conviction relief; ineffective assistance of counsel claim; failure to file suppression motion; search of parolee's home; reasonable suspicion; smell of marijuana; unlawfully induced guilty plea
(Smith052914g)
(Posted: May 29th 2014)
Pennlyco, Ltd. vs. Southwestern Energy Production Company; Pennlyco, Ltd. vs. International Development Corporation
5.29.2014
Dudley N. Anderson
Civil:
Appeal; statute of limitations; lack of knowledge, mistake or misunderstanding; notice that a wrong has been committed; duty of diligent investigation
(pennlyco052914a)
(Posted: May 29th 2014)
Civil:
Petition for preliminary injunction; enforceability of covenant not to compete; agreement not to prosecute; voidable contract; ratification; termination for violation of company policy; overbroad covenant; interest in providing for family; recitals in contract agreeing to reasonableness of geographical and time limitations and inadequacy of legal remedies.
(Savoy052814a)
(Posted: May 28th 2014)
Criminal:
Juvenile's Motion seeking to prohibit testimony from Estimate of Risk for Adolescent Sexual Offense Recidivism (ERASOR) testing; Frye test; weight or admissibility of evidence; empirically backed instrument; assessment of risk factors; novel science; generally accepted methodologies; non-jury proceeding
(AP051514g)
(Posted: May 28th 2014)
Criminal:
Appeal; suppression motion; search of a home with permission of the owner's representative; sufficiency of the evidence; constructive possession of drugs
(Bryant52814m)
(Posted: May 28th 2014)
Custody, Adoption:
Petition to establish paternity and for genetic testing; previous order for support and custody with another man, who may not be the father; child born outside of marriage
(rj052014m)
(Posted: May 21st 2014)
Civil:
Preliminary objections; action to quiet title to mineral rights; adverse possession; sufficiency of allegation of production; tacking on possession of predecessor; proof of actual possession by reference to improperly entered default judgment for possession
(northernforests052014a)
(Posted: May 20th 2014)
Criminal:
Post conviction relief act petition; timeliness; waiver of issues
(Ricks051914bt)
(Posted: May 19th 2014)
Criminal:
Appeal
(Garcia051914bt)
(Posted: May 19th 2014)
Criminal:
Suppression motion; warrantless search and seizure; legitimate expectation of privacy in storage area that was not locked and open for use of many individuals; abandoned property; voluntary consent of person with control over storage area that was searched
(jackson051614L)
(Posted: May 16th 2014)
Criminal:
Petition for expungement; cause shown exception; claimed inability to find employment; criminal conviction admissible in court
(MN051214bt)
(Posted: May 13th 2014)
Civil:
Motion for summary judgment; real estate transfers made as an estate planning or asset protection plan; claims for breach of contract, promissory estoppel, fraud, support, undue influence, and an accounting; defenses of merger, the statute of frauds, the statute of limitations; sufficiency of evidence; matters not controlled by deed; factual issues for trial; motion in limine; parole evidence rule
(VanHorn051314a)
(Posted: May 13th 2014)
Criminal:
Post conviction relief act petition; ineffective assistance of counsel claim; character witnesses; evidence of a “pertinent” character trait; reputation for truthfulness; witness certification; failing to obtain evidence; fishing expedition; significance of evidence not obtained; admissibility of victim's disciplinary records to impeach credibility; failure to call expert to refute victim age testimony; effective cross examination of prosecution expert
(Bodle051314L)
(Posted: May 13th 2014)
Civil:
Petition to open judgment; timeliness of filing; meritorious defense; general denial of allegations in a boiler-plate fashion
(Fidler051314a)
(Posted: May 13th 2014)
Criminal:
Post conviction relief act petition; ineffective counsel for failure to meet with her to prepare for trial; lack of factual support in the petition; lack of prejudice
(Mathers050814L)
(Posted: May 8th 2014)
Wickersham Construction & Engineering, Inc. vs. Williamsport Sanitary Authority
5.7.2014
Richard A. Gray
Civil:
Motion for summary judgment; contract interpretation; deadlines for completion of work; need to file a claim before withholding liquidated and special damages; specific controlling the general
(wickersham050714g)
(Posted: May 7th 2014)
Criminal:
Appeal
(Trafford050714L)
(Posted: May 7th 2014)
Criminal:
Commonwealth's motion to reconsider; case involving sexual assault of minor; admissibility of child's hearsay statements to forensic interviewer; functional equivalent of a law enforcement investigation; opportunity_x000d_
to cross-examine child about the alleged sexual abuse; rights to confrontation; Tender Years Hearsay Act; statement describing an enumerated offense; consciousness of guilt
(Wilcox050214L)
(Posted: May 2nd 2014)
Civil:
Motion for summary judgment; automobile accident; sudden braking on highway for turning vehicle; stopped vehicle hit from rear; negligence of stopped vehicle; assured clear distance ahead and sudden emergency doctrines
(marchese050114a)
(Posted: May 1st 2014)
Custody:
Grandparent's petition to modify custody; incarcerated parent; unemployed and homeless parent; best interests of child; anger management and abuse issues; stability in child's education and home life; physical and emotional needs; presumption of parental custody
(th042414m)
(Posted: April 25th 2014)
Criminal:
Motion to suppress; search and seizure; standing to assert rights of another; personal privacy interest; automatic standing; reasonable expectation of privacy in place where he visited and frequently visited; ability of owner of property to consent to search a closed bag
(Jackson042414L)
(Posted: April 25th 2014)
Criminal:
Post sentence motions; sufficiency and weight of the evidence; late filed newly discovered evidence claim; entitlement to a hearing
(Frederick042214L)
(Posted: April 23rd 2014)
Criminal:
Post sentence motion; weight of the evidence; conflict of evidence
(Acosta042214L)
(Posted: April 23rd 2014)
Turkey Run Properties, LP vs. Seneca Specialty Insurance Company, Gleason Agency, Inc. and Soccer Dome, LLC
4.21.2014
Dudley N. Anderson
Civil:
Motion to dismiss cross-claim; timeliness under scheduling order; claim for indemnification; lack of legal relationship; imputed or constructive fault; claim for contribution where parties cannot be joint tort-feasors
(turkeyrun042214a)
(Posted: April 22nd 2014)
Centura Development Co., Inc. vs. Board of Supervisors of Old Lycoming Township, Eck and Mazzullo
4.21.2014
Richard A. Gray
Civil:
Motion for a judgment on the pleadings; violations of the Sunshine Act; availability of legal remedies; time requirements for announcing executive sessions; specificity requirements; issues of fact; curative effect of later open meeting; clear right to the relief requested for injunction to issue; deminimis violations
(Centura 042114g)
(Posted: April 21st 2014)
Criminal:
Suppression motion; vehicle stop; search and seizure of a gun; reasonable suspicion to believe that defendant was armed and dangerous; exhibiting disrespect toward law enforcement and providing false information
(Wood041614L)
(Posted: April 17th 2014)
Centura Development Co., Inc. vs. Board of Supervisors of Old Lycoming Township
4.17.2014
Dudley N. Anderson
Administrative Appeal:
Appeal of denial of conditional use application; water withdrawal and distribution facility; standard of review; compliance with all specific requirements of zoning ordinance; presumption of use consistent with the health, safety and general welfare of the community; shifting burden; specific or general requirements; traffic considerations
(centuradevelopment041714a)
(Posted: April 17th 2014)
Criminal:
Motion to compel response to request for bill of particulars; discharge of waste water from storage tank; sufficiency of notice of charges to prepare defense
(XTO041714L)
(Posted: April 17th 2014)
Administrative Appeal:
Land use appeal; denial of permit for operation of portable propane filling station; second principal use or incidental use; definition of retail business establishment to allow sale of merchandise; gas as merchandise; basis of Board's decision
(schultz040214a)
(Posted: April 15th 2014)
Criminal:
Habeas corpus petition; validity of bench warrant under which defendant is detained; good faith belief that warrant was valid; probable cause for arrest based on information from another trooper
(Keller041414L)
(Posted: April 14th 2014)
Criminal:
Habeas corpus petitions; attempted murder case; sufficiency of evidence; two people shooting a gun toward a crowd with only one bullet striking the victim; inferred specific intent
(CarrollMoyer041414L)
(Posted: April 14th 2014)
Criminal:
Venue change motion; internet article publicity; Lycoming County citizens as claimed victims; agency receiving money from Lycoming County due to contractual relationships
(McCloy041414L)
(Posted: April 14th 2014)
Adoption:
Agency petition for involuntary termination of parental rights; clear and convincing evidence; settled purpose to relinquish parental claim to child or failure to perform parental duties for at least six months; affirmative duty to cooperate with Agency; parental incapacity; needs and welfare of the child; parental bond
(AdoptionofNT41114m)
(Posted: April 11th 2014)
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; failure to call motive to lie witness; reasonable basis for action; context of comments made by prosecutor in closing; failure to rebut expert witness testimony; showing that trial outcome would be different with different approach; refusal to introduce medical records of lack of injury to victim
(Riggle041014bt)
(Posted: April 11th 2014)
Criminal:
Letter from prisoner treated as post conviction relief act petition; claimed unlawful aggregation of sentences; request for credit for time served
(Kendall041114L)
(Posted: April 11th 2014)
Pennlyco, Ltd. vs. Southwestern Energy Production Company; Pennlyco, Ltd. vs. International Development Corporation
4.8.2014
Dudley N. Anderson
Civil:
Cross motions for summary judgment; suit to specifically enforce a right under a right of first refusal; statute of limitations; reasonable diligence
(pennlyco040814a)
(Posted: April 9th 2014)
Montgomery Area School District vs. Montgomery Area Education Association
4.7.2014
Dudley N. Anderson
Civil:
Preliminary objection to jurisdiction; dispute involving unsatisfactory teacher evaluation; declaratory judgment action; duty to arbitrate; questions for the arbitrator
(montgomeryareaschooldist 040714a)
(Posted: April 9th 2014)
Criminal:
Appeal
(Daniels030314L)
(Posted: April 4th 2014)
Criminal:
Motion for release on nominal bail; rule 600 issue; calculation of excludable time
(English040314L)
(Posted: April 3rd 2014)
Criminal:
Motion to preclude defendant from presenting alibi witness testimony; timeliness of notice; prejudice; limitations of the public defender office; obligation of public defender to proceed in a more proactive manner
(thomas040214L)
(Posted: April 2nd 2014)
Criminal:
Suppression motion; probable cause to make traffic stop; observations of erratic driving; reasonable suspicion of DUI
(Brennan040214L)
(Posted: April 2nd 2014)
Criminal:
Preliminary objections to petition by DPW to transfer assets; real estate protector trust created during life of decedent; transfers made by guardians of estate of incapacitated person; standing of DPW to collaterally attack order appointing guardians and approving estate planning; required notice to DPW of hearing; jurisdiction of the court; factual issues regarding the transfer of assets
(McDermott032414L)
(Posted: April 1st 2014)
Adoption:
Petition for involuntary termination of parental rights; incarcerated parent; settled purpose to relinquish parental claim or failure to perform parental duties for at least six months; genuine effort to communicate with child while incarcerated; mother shielded from information of father's contacts with child while incarcerated; clear and convincing evidence
(AdoptionofCAG032114m)
(Posted: April 1st 2014)
Criminal:
Suppression motion; vehicle stop; reasonable suspicion; erratic and unexplainable driving
(Phillips033114L)
(Posted: April 1st 2014)
Criminal:
Post conviction relief act petition; ineffective counsel for failing to request boot camp recommendation; eligibility for boot camp; prejudice; waiver; failure of Commonwealth to object on the record
(Taylor033114L)
(Posted: March 31st 2014)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court to address untimely challenge to legality of sentence
(Wilson033114L)
(Posted: March 31st 2014)
Criminal:
Appeal
(Derr033114L)
(Posted: March 31st 2014)
Criminal:
Appeal
(Williams032514L)
(Posted: March 28th 2014)
Administrative Appeal:
Mental health review; involuntary commitment; danger to self or others; procedural requirements; applicable standard of review; sufficiency of evidence
(jh032714L)
(Posted: March 27th 2014)
Criminal:
Motion to admit hearsay statements of child victim; Tender Years Hearsay Act; testimonial statements; confrontation rights; statements made in response to perceived emergency relating to allegations of abuse; particularized guarantees of trustworthiness surrounding circumstances under which statements were uttered; availability of child as witness; serious emotional distress
(wilcox032714L)
(Posted: March 27th 2014)
Divorce:
Petition to enforce property settlement agreement; viability of verbal agreement, that was partially implemented
(ar032114m)
(Posted: March 25th 2014)
Criminal:
Post conviction collateral relief act petition; ineffective counsel; timeliness of filing of post-sentence motion and appeal; timeliness of petition; governmental interference; errant order reinstating appeal rights
(Bryant032114m)
(Posted: March 25th 2014)
Criminal:
Appeal; sentencing discretion; revocation of probation; violation of conditions by failure to report for supervision and arrests for thefts
(McCormick032114bt)
(Posted: March 21st 2014)
Criminal:
Motion for reconsideration; suppression; quantum of cause required to stop vehicle; reasonable suspicion or probable cause
(Blackman032114bt)
(Posted: March 21st 2014)
Criminal:
Post conviction relief act petition; ineffective counsel for failure to cross examine on whether the correct_x000d_
firearm was collected by police; denial of ownership of the gun at trial; prejudice
(Hoskins032014bt)
(Posted: March 20th 2014)
Criminal:
Post sentence motion; DUI; claimed illegal sentence
(Englert032014bt)
(Posted: March 20th 2014)
Criminal:
Post conviction relief act petition seeking reinstatement of appeal rights; credibility of claim that counsel did not appeal as he requested
(Thomas032014L)
(Posted: March 20th 2014)
Civil:
Partition of real estate owned by joint tenants with the right of survivorship; petition for additional credits and clarification; property not capable of division without prejudice to or spoiling the whole; fair rental values; cotenant's improvements to common property; allocation of expenses
(Hunsberger031214g)
(Posted: March 12th 2014)
Civil, Criminal:
Motion to consolidate; attempted murder case; same series of acts or transactions constituting an offense; specific prejudice; two inconsistent defenses; judicial economy
(jones031014L)
(Posted: March 11th 2014)
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parental claim to a child; no recent visitation; lack of child support; vague testimony about conflicts with mother; bond existing between father and child; best interests of child
(AdoptionofAM031014m)
(Posted: March 11th 2014)
Criminal:
Post conviction relief act petition; ineffective counsel; claimed coerced guilty plea; lack of prejudice where plea was withdrawn and defendant found guilty at trial; sufficiency of evidence; non-cognizable claim
(Cooper031114bt)
(Posted: March 11th 2014)
Criminal:
Commonwealth motion for discovery; report of expert; results of additional tests performed by expert
(Croucher031014L)
(Posted: March 10th 2014)
Criminal:
Appeal; decision on consolidated case by judge of coordinate jurisdiction; suppression motion; refusal to allow introduction of additional evidence; no proffer of specific new evidence or of its previous unavailability
(Eiland031014g)
(Posted: March 10th 2014)
Criminal:
Commonwealth's motion in limine; use of transcript from dependency hearing; need for Miranda warnings before testimony; introduction of hearsay statement of witness; criteria for statement against interest
(Croucher030414L)
(Posted: March 7th 2014)
Criminal:
Commonwealth appeal; repeated failure of the Commonwealth to communicate with defense counsel, provide discovery in a timely manner, and follow the orders of the court; cumulative effect of discovery issues
(Moore030514bt)
(Posted: March 6th 2014)
Criminal:
Defendant's motion in limine; police interpretation testimony concerning surveillance videos; testimony rationally based on his perception; clarification of not readily apparent facts; credibility determination for the jury
(Alford030614bt)
(Posted: March 6th 2014)
Criminal:
Offense gravity score determination; interpretation of sentencing scheme for DUI with minor in vehicle
(Bresnak030514L)
(Posted: March 5th 2014)
Criminal:
Appeal by Commonwealth of grant of suppression motion; reasonable suspicion to make vehicle stop; inconclusive evidence that passenger in vehicle ducked down to avoid police detection; presence of plain clothes officer; totality of circumstances; discretion of the court to reopen a case for taking additional evidence, after two previous evidentiary hearings
(Collins030514L)
(Posted: March 5th 2014)
Criminal:
Suppression motion; probable cause for vehicle stop; reasonable suspicion for investigatory detention; jurisdiction of police department; waiver of issue not raised in motion; roving DUI patrols
(Ruley030314bt)
(Posted: March 4th 2014)
Criminal:
Suppression motion; vehicle stop due to mistaken identity; reasonable suspicion of criminal activity by another person; mistake of fact; observation of marijuana during mere encounter; plain view doctrine; custodial interrogation without Miranda rights being given; inevitable discovery doctrine
(Blackman030314bt)
(Posted: March 4th 2014)
Criminal:
Habeas corpus petition; prima facie case for charge of accidents involving damage to attended vehicle; dismissal due to typographical errors in the information; suppression motion; investigatory detention; reasonable suspicion; suggestive identification; deceptive and inaccurate affidavit of probable cause for vehicle search; variations of witness descriptions; totality of the circumstances; request for order to_x000d_
disclose other crimes, wrongs or acts admissible at trial; prima facie evidence of school zone for mandatory minimum sentence
(English022814L)
(Posted: February 28th 2014)
Civil:
Non-jury trial; final order in partition
(buch022514a)
(Posted: February 25th 2014)
Administrative Appeal:
Complaint to set aside a tax sale; compliance with notice requirements; credibility; unilateral mistake by homeowner
(Beamer022414g)
(Posted: February 24th 2014)
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; failure to request counsel to file appeal until after appeal period ran; frivolous issues for appeal
(Newman021914L)
(Posted: February 19th 2014)
Criminal:
Motion for reconsideration of sentence nunc pro tunc treated as post conviction relief act petition; impact of revocation of "street time" at parole violation hearing on subsequent sentencing hearing; terrible supervision history; defendant not amenable to supervision
(Delaney021914L)
(Posted: February 19th 2014)
Criminal:
Commonwealth appeal of return of property order; timeliness of appeal; waiver of issues; timeliness of rule 1925 statement; propriety of order requiring return of property or the filing of forfeiture petition within 30 days; property seized without process; inclusion of return of property provisions in sentencing order when parties agree; necessity of hearing
(Fromille021914L)
(Posted: February 19th 2014)
Criminal:
Motion for restitution hearing; contested value of stolen items; claimed windfall; burden of proving value of jewelry; credibility of victim; sufficiency of expert testimony of value; failure of Commonwealth to establish the exact value of gold at time of theft; judicial notice of value of gold
(Long021914bt)
(Posted: February 19th 2014)
Criminal:
Post-sentence motion; sufficiency and weight of evidence; DNA evidence; fleeing as consciousness of guilt; corroborating testimony
(Garcia021914bt)
(Posted: February 19th 2014)
Turkey Run Properties, LP vs. Seneca Specialty Insurance Company, Gleason Agency, INC, and Soccer Dome, LLC
2.13.2014
Dudley N. Anderson
Civil:
Motion for discontinuance treated as a motion for summary judgment; timeliness; validity of cross-claim for contribution and indemnity; primary and secondary liability; secondary liability where no legal relation between the parties; claim for failure to obtain insurance coverage
(turkeyrun021314a)
(Posted: February 14th 2014)
North Branch Transfer, Inc. & Bower vs. Bower and Matthew Bower Trucking, Inc.; Bower Container & Services, Inc. & Bower vs. Bower
2.14.2014
Richard A. Gray
Civil:
Non-jury trial verdict; requirements for a gift; inter-vivos gift; donative intent and delivery; gift mortis causa; contemplation of death; death caused by unexpected vehicle accident
(Bower021414g)
(Posted: February 14th 2014)
Criminal:
Motion in limine to use transcripts of Children and Youth hearing; relitigation of issues addressed before a mistrial caused by a hung jury; claimed intervening change in the controlling law; reliance on unpublished, non-precedential memorandum decision of the Superior Court; clearly erroneous prior decision; adoptive admissions of defendant; abuse of discretion; law of the case doctrine; discretion of court to consider issues anew where a manifest injustice may follow; waiver for failure to raise in earlier proceeding
(Croucher021214L)
(Posted: February 13th 2014)
Administrative Appeal:
Motion for special injunction; landlord tenant matter; termination of federal Section 8 housing assistance due to criminal charges; immediate and irreparable harm; likelihood of success; hearsay evidence of police affidavit; adverse inference from exercise of his Fifth Amendment rights
(middleton21314g)
(Posted: February 13th 2014)
Criminal:
Counsel conflict of interest claim; actual prejudice; adverse affect upon lawyer's performance
(Daniels021014L)
(Posted: February 10th 2014)
Criminal:
Recusal motion; appearance of impropriety; alleged victim is company involved in Children & Youth placements by Lycoming County; speculative claims; court as independent branch of government
(McCloy020614)
(Posted: February 6th 2014)
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