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)
Greenwell vs. Maiorana
6.24.2014
Richard A. Gray
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)
Commonwealth vs. Tawney
6.16.2014
Marc F. Lovecchio
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)
Commonwealth vs. Harris
6.2.2014
Marc F. Lovecchio
Criminal:
Motion to suppress; DUI; motor vehicle stop; probable cause; multiple violations of the motor vehicle code
(harris060214L)
(Posted: June 9th 2014)
Commonwealth vs. Frederick
6.9.2014
Marc F. Lovecchio
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)
Commonwealth vs. Ball
6.9.2014
Marc F. Lovecchio
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)
Commonwealth vs. Kemp
6.9.2014
Marc F. Lovecchio
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)
Commonwealth vs. Grimes
6.5.2014
Marc F. Lovecchio
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)
Giles vs. Read
6.4.2014
Richard A. Gray
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)
Eiswert Estate
6.3.2014
Marc F. Lovecchio
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)
Commonwealth vs. Hill
6.2.2014
Marc F. Lovecchio
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)
Commonwealth vs. Ingram
5.23.2014
Marc F. Lovecchio
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)
Commonwealth vs. Feerrar
5.30.2014
Marc F. Lovecchio
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)
Commonwealth vs. Smith
5.29.2014
Richard A. Gray
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)
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)
In the interest of APO
5.15.2014
Richard A. Gray
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)
Commonwealth vs. Bryant
5.28.2014
Joy Reynolds McCoy
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)
RJ vs. KS
5.20.2014
Joy Reynolds McCoy
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)
Commonwealth vs. Ricks
5.19.2014
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; waiver of issues
(Ricks051914bt)
(Posted: May 19th 2014)
Commonwealth vs. Jackson
5.16.2014
Marc F. Lovecchio
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)
Commonwealth vs. MN
5.12.2014
Nancy L. Butts
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)
Commonwealth vs. Bodle
5.13.2014
Marc F. Lovecchio
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)
Commonwealth vs. Mathers
5.8.2014
Marc F. Lovecchio
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)
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)
Commonwealth vs. Wilcox
5.2.2014
Marc F. Lovecchio
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)
Marchese vs. Jacobs
5.1.2014
Dudley N. Anderson
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)
TH vs. SM, WL and TL
4.24.2014
Joy Reynolds McCoy
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)
Commonwealth vs. Jackson
4.24.2014
Marc F. Lovecchio
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)
Commonwealth vs. Frederick
4.22.2014
Marc F. Lovecchio
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)
Commonwealth vs. Acosta
4.22.2014
Marc F. Lovecchio
Criminal:
Post sentence motion; weight of the evidence; conflict of evidence
(Acosta042214L)
(Posted: April 23rd 2014)
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)
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)
Commonwealth vs. Wood
4.16.2014
Marc F. Lovecchio
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)
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)
Commonwealth vs. Keller
4.14.2014
Marc F. Lovecchio
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)
Commonwealth vs. McClay
4.14.2014
Marc F. Lovecchio
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)
In re NT, a minor child
4.11.2014
Joy Reynolds McCoy
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)
Commonwealth vs. Riggle
4.10.2014
Nancy L. Butts
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)
Commonwealth vs. Kendall
4.11.2014
Marc F. Lovecchio
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)
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)
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)
Commonwealth vs. English
4.3.2014
Marc F. Lovecchio
Criminal:
Motion for release on nominal bail; rule 600 issue; calculation of excludable time
(English040314L)
(Posted: April 3rd 2014)
Commonwealth vs. Thomas
4.2.2014
Marc F. Lovecchio
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)
Commonwealth vs. Brennan
4.2.2014
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause to make traffic stop; observations of erratic driving; reasonable suspicion of DUI
(Brennan040214L)
(Posted: April 2nd 2014)
In re McDermott Estate
3.24.2014
Marc F. Lovecchio
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)
In re Adoption of CAG
3.21.2014
Joy Reynolds McCoy
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)
Commonwealth vs. Phillips
3.31.2014
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle stop; reasonable suspicion; erratic and unexplainable driving
(Phillips033114L)
(Posted: April 1st 2014)
Commonwealth vs. Taylor
3.31.2014
Marc F. Lovecchio
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)
Commonwealth vs. Wilson
3.31.2014
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court to address untimely challenge to legality of sentence
(Wilson033114L)
(Posted: March 31st 2014)
Commonwealth vs. Derr
3.31.2014
Marc F. Lovecchio
Criminal:
Appeal
(Derr033114L)
(Posted: March 31st 2014)
In re JH
3.27.2014
Marc F. Lovecchio
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)
Commonwealth vs. Wilcox
3.27.2014
Marc F. Lovecchio
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)
AR vs. TR
3.21.2014
Joy Reynolds McCoy
Divorce:
Petition to enforce property settlement agreement; viability of verbal agreement, that was partially implemented
(ar032114m)
(Posted: March 25th 2014)
Commonwealth vs. Bryant
3.21.2014
Joy Reynolds McCoy
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)
Commonwealth vs. Blackman
3.21.2014
Nancy L. Butts
Criminal:
Motion for reconsideration; suppression; quantum of cause required to stop vehicle; reasonable suspicion or probable cause
(Blackman032114bt)
(Posted: March 21st 2014)
Commonwealth vs. Hoskins
3.20.2014
Nancy L. Butts
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)
Commonwealth vs. Englert
3.20.2014
Nancy L. Butts
Criminal:
Post sentence motion; DUI; claimed illegal sentence
(Englert032014bt)
(Posted: March 20th 2014)
Commonwealth vs. Thomas
3.20.2014
Marc F. Lovecchio
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)