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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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Post conviction relief act petition; ineffective counsel; claimed coerced guilty plea; lack of prejudice where plea was withdrawn and defendant found guilty at trial; sufficiency of evidence; non-cognizable claim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)
Criminal:
Petition for credit for time served; previous sentencing order addressed time served credits
(Fisher020614L)
(Posted: February 6th 2014)
Criminal:
Objection to restitution amount; loss flowing from conduct; plea agreement fewer than all the theft charges; restitution for crimes to which no guilty plea entered; joint and several restitution; contribution rights; speculative equation for determining restitution
(Shaw020614bt)
(Posted: February 6th 2014)
Criminal:
Motion to suppress; reasonable suspicion or probable cause to conduct vehicle stop; probable cause to arrest for DUI
(Kaufman020614bt)
(Posted: February 6th 2014)
Commonwealth vs. Derr; Commonwealth vs. Williams
2.6.2014
Nancy L. Butts, Dudley N. Anderson, Richard A. Gray, Marc F. Lovecchio, Joy Reynolds McCoy
Criminal:
Motion to amend information; en banc decision; facts that trigger mandatory minimum sentences; jury determination; constitutionality of mandatory minimum statute; previous deferred decisions; stalled plea negotiations in light of uncertainty; strong presumption of constitutionality; severability of unconstitutional sentencing section of statute; judicial rewriting of the statute; converting mandatory sentences to advisory provisions only; possible use of special verdict questions in criminal cases
(derr020614L)
(Posted: February 6th 2014)
Criminal:
Suppression motion; reasonable suspicion or probable cause for vehicle stop; probable cause for DUI arrest; inventory search of vehicle that was not impounded
(Wright020514bt)
(Posted: February 5th 2014)
Civil:
Motion to set aside sheriff's sale; adequate description of property in mortgage; construction of mortgage documents
(wyalusing020414g)
(Posted: February 4th 2014)
Wills and Estates:
Petition to restore no charitable irrevocable trust after death of settlor; Department of Aging involvement; termination of trust and transfer back of assets during life of settlor; legal viability of establishment and subsequent termination of trust; extent of powers granted by power of attorney; claim barred by settlement
(Edler013114L)
(Posted: January 31st 2014)
Criminal:
Appeal; motion to compel ARD; DUI case; juvenile record
(Ernst013114bt)
(Posted: January 31st 2014)
Criminal:
Appeal; excessive sentence; history of probation violations; abuse of discretion
(Moore013114bt)
(Posted: January 31st 2014)
Custody:
Appeal; relocation request; consideration of stability of children's schooling and drug use of one of the parents
(jc012314L)
(Posted: January 30th 2014)
Criminal:
Commonwealth's appeal of sentencing; statutory maximum for DUI and refusal to submit to blood alcohol test; precedent of appealed case
(Newman013014L)
(Posted: January 30th 2014)
Criminal:
Post sentence motion; DUI; sufficiency of the evidence; after accident consumption of alcohol; proof of refusal to submit to chemical testing; weight of evidence; excessive sentence claim; 4th offense; insulting defense
(yaggie012214a)
(Posted: January 29th 2014)
Linde Corporation vs. Black Bear Property, LP; Black Bear Holdings, LLC; Dibble; Penn Central Corporation and Black Bear, LLC
12.4.2013
Dudley N. Anderson
Civil:
Preliminary objections; mechanic's lien; service of process; certified mail, restricted delivery; acceptance by authorized agent; actual notice where plaintiff never complies with the service rules
(linde120413a)
(Posted: January 29th 2014)
Civil:
Motion in limine; telephone testimony; hearsay; statement with direct legal significance; Dead Man's Act
(Giles012314g)
(Posted: January 27th 2014)
Civil:
Appeal; interpretation of oil and gas lease; waiver of issues not pleaded
(Hafer012714g)
(Posted: January 27th 2014)
Civil:
Preliminary objections; immunity; inadequacy of the drainage systems
(deraffele012314a)
(Posted: January 24th 2014)
Grey Fox Plaza and Krouse vs Lycoming County Water & Sewer Authority, Herbert, Roland & Grubic, Inc. and Swisher
1.21.2014
Dudley N. Anderson
Civil:
Preliminary objections; encroaching water line; immunity; real property exception; utilities service facilities exception; punitive damages; immunity form injunctive relief claim; proper vehicle for claim of unlawful taking; appointment of board of viewers; action in equity to force the filing of a declaration of taking
(greyfoxplaza012114a)
(Posted: January 21st 2014)
Criminal:
Defendant's motion in limine; grading of multiple DUI offenses; maximum sentence allowable; blood testing refused; binding precedent despite pending petition for allowance of appeal; authority of unpublished memorandum decision
(thompson011714L)
(Posted: January 18th 2014)
Civil:
Non-jury trial; replevin; proof of ownership of intermingled personal property
(Juna011614g)
(Posted: January 18th 2014)
Criminal:
Petition for writ of habeas corpus; prima facie case; identification issue; direct and circumstantial evidence; attempted murder; conspiracy counts
(Jones011314L)
(Posted: January 13th 2014)
Civil:
Summary judgment motions; contract claim; agitation and anguish allegations; fraudulent performance of the contract; gist of the action doctrine; lead-based paint and asbestos claims; treble damages; punitive damages
(trotta011314a)
(Posted: January 13th 2014)
Criminal:
Motion to dismiss; Commonwealth mistrial motion; double jeopardy claim; manifest necessity; question posed by defense counsel intentionally designed to elicit the testimony which had, by pre-trial order, been prohibited; rape shield law violation; curative instruction
(steele011014a)
(Posted: January 13th 2014)
Criminal:
Motion to suppress; DUI; custodial interrogation; totality of circumstances; investigative detention; Miranda rights
(Scampone011014L)
(Posted: January 11th 2014)
Criminal:
Motion to dismiss; rule 600 delay claim; review of excludable time periods
(Rosato010914L)
(Posted: January 9th 2014)
Criminal:
Motion to consolidate; evidence of each offense admissible in a separate trial for the other; common scheme or plan involving two or more crimes; likelihood that anyone else but Defendant committed the other crimes; sufficiently similar thefts committed against elderly women
(McDowell010814L)
(Posted: January 8th 2014)
Administrative Appeal:
Petition to set aside upset tax sale; defective notice; claimed lack of receipt of properly mailed notice; defective service of 10-day notice, that was subsequently corrected by mailing to correct address
(taxclaimbureauvonstein010714a)
(Posted: January 7th 2014)
Civil:
Motion for summary judgment; breach of express written warranty claims; burden of proving damages; purchase price submitted as the only evidence of damages when defective product fully repaired; jury speculation
(Haman010714g)
(Posted: January 7th 2014)
Civil:
Preliminary objections; credit card collection case; propriety of verification signed by employee rather than an officer; attachment of credit card agreement; sufficiency of allegations to establish an account stated; necessity to plead all purchases and payments
(GECapitalRetailBank010614a)
(Posted: January 6th 2014)
Criminal:
Commonwealth motion in limine; expert qualifications of toxicologist to diagnose orthopedic conditions; reasonable pretension to specialized knowledge; participation in NHTSA DUI Detection and Standardized Field Sobriety Course; hearsay in medical records; availability of testimony by the physician to discuss diagnosis in records; testify about the suitability or limitations of sobriety testing for individuals who have suffered from leg injuries; lay observations by expert; expert testimony about propriety of the Miranda warnings; expert testimony about defendant's demeanor in DUI center video; missing blood test tubes; expert testimony to rebut the inference created by the testing lab's approval
(Braun010314g)
(Posted: January 3rd 2014)
Criminal:
Motion to dismiss probation; concurrent or consecutive sentences
(Beatty010314L)
(Posted: January 3rd 2014)
Criminal:
Motion to dismiss; Rule 600; due diligence to locate defendant; defendant incarcerated and under supervision; reasonable efforts to locate defendant; active concealment of whereabouts and identity
(Williams123113L)
(Posted: January 1st 2014)
Criminal:
Appeal; vehicle stop, reasonable suspicion based on previous encounter where defendant admitted intoxication; waiver of sentencing issue by failure to preserve at sentencing or by filing post-sentencing motion; claimed excessive sentence for first offense; minimization and avoidance of responsibility for actions
(Harton123113L)
(Posted: January 1st 2014)
Criminal:
Motion to admit out-of-court statements by child victim; Tender Years Hearsay Act; Factors considered in determining the reliability of the statement; confrontation clause violation; indicia of reliability
(schenck123013L)
(Posted: December 30th 2013)
Wills and Estates:
Appeal; trusts; appointment by the court of successor trustee; intentions of settlors; weakened intellect of surviving settlor; ability of surviving settlor to amend trust created by two individuals; conflict of interest of beneficiary of trust serving as trustee; physical and mental impairment of settlor; substantial benefit received by person in confidential relationship; undue influence; standard of proof; removal of any taint of undue influence; testamentary capacity; need to appoint an independent expert to evaluate settlor
(Rogers122313L)
(Posted: December 23rd 2013)
Criminal:
Appeal; post conviction relief act petition; illegality of sentence under DUI statute; binding precedent of Superior Court case that has been appealed to the Supreme Court
(Coles122313L)
(Posted: December 23rd 2013)
Criminal:
Motion to sever; charges pertaining to separate burglaries; admissibility of evidence of each in a separate trials; common scheme or plan; virtually identical method used; ability of jury to separate offenses; potential prejudice
(welshans122313L)
(Posted: December 23rd 2013)
Criminal:
Testimony precluded for discovery violation; allowing testimony in rebuttal; ineffective sanction of the Commonwealth
(MooreAlford122013bt)
(Posted: December 20th 2013)
Criminal:
Suppression motion; probable cause for search warrant; claimed unlawful detention; dismissal due to previous adjudication in other jurisdiction; double jeopardy; same criminal episode; multiple uses of stolen credit cards
(Thompson122013bt)
(Posted: December 20th 2013)
Criminal:
Motion to amend information; mandatory minimum sentences; prejudice; constitutionality of minimum sentence statute; entitlement to remand for a preliminary hearing
(Tuck122013bt)
(Posted: December 20th 2013)
Criminal:
Appeal
(Cruz122013bt)
(Posted: December 20th 2013)
Civil:
Summary judgment motion; contract to return real estate after release from prison; statute of limitations for contract, unjust enrichment and fraud claims; date statute begins to run; a self-imposed inability to perform a contract constituting an anticipatory repudiation; imprisonment as extending limitations period
(johnson121913a)
(Posted: December 19th 2013)
Criminal:
Commonwealth's motion for reconsideration of sanction order; discovery violations; established record of disregarding court orders and failing to change discovery practices; substantially handicap Commonwealth prosecution
(MooreAlford121913bt)
(Posted: December 19th 2013)
Civil:
Summary judgment motion; contract case; count for violation of the Unfair Trade Practices & Consumer Protection Law; lack of written representation of the quality of the work; lack of evidence of fraudulent or deceptive conduct; mere failure to satisfy owner's expectations of quality of contractor's work; ability of plaintiff to contradict admissions in deposition testimony, at time of trial
(goodling121813a)
(Posted: December 18th 2013)
Criminal:
Post conviction relief act petition; ineffective counsel claim; DUI; public or private road; failure to call witnesses; failure to use exhibits; availability of witnesses or exhibits at time of trial; failure to call defendant as witness at trial; probable credibility issues with defendant's trial testimony
(Snook121713L)
(Posted: December 17th 2013)
Civil:
Motion for judgment on the pleadings; wrongful failure to hire; age discrimination case; failure to exhaust administrative remedies; evidence of knowledge of potential employer of plaintiff's age; flippant and false application information
(hill121113a)
(Posted: December 11th 2013)
Criminal:
Post conviction relief act petition; legality of imposing act 198 fees and supervision costs; ability to pay; ineffective counsel; counsel's performance assessed in hindsight; lack of evidence that counsel lacked a reasonable basis to not raise an ability to pay issue at sentencing hearing
(Belloma121013L)
(Posted: December 10th 2013)
Civil:
Motion for summary judgment; dog bite case; responsibility of landlord for tenant's dog; actual knowledge of dangerous propensity; dog known to bark at strangers
(Sipe121012g)
(Posted: December 10th 2013)
Criminal:
Habeas corpus petition; robbery; prima facie case; identification of defendant; lone fingerprint on cigarette package; unaddressed variables; exclusion of innocent presence
(derrick121013L)
(Posted: December 10th 2013)
Civil:
Motion for summary judgment; interpretation of oil and Gas lease; parol evidence rule; consideration of pre-contractual writing and oral discussions
(Hafer120413g)
(Posted: December 5th 2013)
Criminal:
Amended motion for post-conviction collateral relief; ineffective counsel; failure to request transcript to preserve issue on appeal; underlying merit of the issue appealed; double jeopardy where mistrial caused by prosecutor's question to witness; prosecuting attorney incompetence with no intentional conduct
(peterson120413a)
(Posted: December 4th 2013)
Criminal:
Motion to amend information; mandatory minimum sentences; prejudice; notice to the defendant of the specific facts and charges; constitutionality of the Pennsylvania mandatory minimum statutes; issues to be raised at sentencing after a conviction
(Hopkins120413bt)
(Posted: December 4th 2013)
Criminal:
Petition for habeas corpus; person not to possess firearm charges; statutory construction; prohibition based on potential sentence or actual sentence
(Lyons120413bt)
(Posted: December 4th 2013)
Criminal:
Non-jury trial; failure to comply with sexual offender registration requirements; transient; knowingly providing incorrect information
(Shoemaker112713br)
(Posted: December 3rd 2013)
Moriarity vs. Williamsport Regional Medical Center Family Medicine Residency Program, et al.
12.3.2013
Dudley N. Anderson
Civil:
Motion in limine; evidence of the decedent's prior alcohol use, an ARD, and decedent having smelled like alcohol; effect on life expectancy; reasonable inference of history of alcohol use; prejudice; relevance of ARD to alcohol abuse defense; prejudicial impact of criminal element of ARD; admissibility of hearsay statements of co-workers about odor of alcohol on decedent's person; present sense impression
(moriarity120313a)
(Posted: December 3rd 2013)
Custody:
Objection to notice of relocation of parent; best interests of the children; school safety concerns; strong and normal relationship with both parents; children flourishing in present school environment; children's preferences; negative impact of changes
(jc120213L)
(Posted: December 2nd 2013)
Moriarity vs. Williamsport Regional Medical Center Family Medicine Residency Program, et al.
12.2.2013
Dudley N. Anderson
Civil:
Motions in limine; admissibility of information concerning decedent's drug use; relevance of drug use to issues in case; failure to cite literature or medical studies in support of opinion that tobacco decreases life expectancy; opinion based on education and experience where such background is not apparent on face of report
(moriarity120213a)
(Posted: December 2nd 2013)
Criminal:
Motion to suppress; execution of search warrant for fugitive; need for warrant to enter residence; gun in plain sight and odor of marijuana in apartment where fugitive arrested; search of individuals present in home where warrant executed; exigent circumstances involving imminent departure of fugitive; reliability of source for warrant information; hearsay evidence
(Shields120213L)
(Posted: December 2nd 2013)
Criminal:
Motion to reconsider denial of motion to suppress; basing reasonable suspicion or reasonable inference on a logical fallacy; claim that suspect ducked to avoid detection by police where police officer was in unmarked car
(Collins120213L)
(Posted: December 2nd 2013)
Criminal:
Motion to amend information; factual scenario in the complaint supporting the new charges; entitlement to a new preliminary hearing; waiver of preliminary hearing based on original, lower graded charges; fundamental fairness
(Yaggie112713L)
(Posted: November 27th 2013)
Criminal:
Post conviction relief act petition; vague assertion of conflict of interest; waiver of suppression issues by guilty plea; sentencing discretion; sentence in accordance with plea agreement; guilty plea induced by ineffective assistance of counsel; voluntariness of plea
(Daniels112613L)
(Posted: November 26th 2013)
Criminal:
Appeal; sufficiency of evidence of intent to distribute drugs; discretion to impose consecutive sentences for possession of paraphernalia and of cocaine; extensive criminal record; court's desire to protect the public
(Mincy112612L)
(Posted: November 26th 2013)
Criminal:
Post conviction relief act petition; ineffective counsel for failing to raise issue of withdrawn guilty plea recommendation at time of sentencing; knowing, intelligent, understanding and voluntary guilty plea; enforceability of plea recommendation that was never entered of record
(Bird112613bt)
(Posted: November 26th 2013)
Moriarity vs. Williamsport Regional Medical Center Family Medicine Residency Program, et al.
11.25.2013
Dudley N. Anderson
Civil:
Defendants' motion in limine to preclude plaintiff's neurosurgery expert from offering standard of care opinions; qualifications of expert under Mcare Act; sufficient training, experience or knowledge necessary to waive subspecialty and board certification requirements; family practitioner providing treatment in area of witness expertise; five-year time limitation
(moriarity1125131a)
(Posted: November 25th 2013)
Civil:
Preliminary objections; claim for reformation of contract due to mutual mistake; incorrect subdivision plan; duty to discover mistake; ability to amend filed subdivision plan; propriety of prayer for “any such other relief the Court deems just and appropriate"; failure of involuntarily joined plaintiff to make claim in complaint
(down112213b)
(Posted: November 22nd 2013)
Moriarity vs. Williamsport Regional Medical Center Family Medicine Residency Program, et al.
11.22.2013
Dudley N. Anderson
Civil:
Motion for summary judgment; corporate negligence claim against hospital and its residency program; expert and factual support
(moriarity112213a)
(Posted: November 22nd 2013)
Moriarity vs. Williamsport Regional Medical Center Family Medicine Residency Program, et al.
11.22.2013
Dudley N. Anderson
Civil:
Motion in limine regarding plaintiff's neurosurgery expert reliance on Center for Medicare and Medicaid Services regulations; purpose of regulations to establish federal policy; determining standard of care based on method of payment
(moriarity112513a)
(Posted: November 22nd 2013)
Criminal:
Appeal
(Travers112213L)
(Posted: November 22nd 2013)
Criminal:
Motion for reconsideration; variance between citation and proof at trial; claim of surprise based on misunderstanding of the law; defendant prejudiced by own testimony
(temples112113a)
(Posted: November 21st 2013)
Adoption:
Appeal; termination of parental rights; incarcerated parent's failure to use the resources that are available to him while in prison
(TC111913g)
(Posted: November 19th 2013)
Criminal:
Motion in limine; use of IONSCAN device to determine level of cocaine on currency; generally accepted scientific principles; proper testing procedures; determination of the casual contact average of cocaine on currency
(Hopkins111913bt)
(Posted: November 19th 2013)
Civil:
Petition to inspect juvenile court records; appeal; statutory exceptions to privacy rule; legitimate interest in the proceeding; curiosity or research; availability of records to the public when child was 14 years of age or older and the conduct would be considered a felony if committed by an adult; duty of court to provide courthouse records to an inmate without a legitimate interest in the records
(Danysh111313bt)
(Posted: November 13th 2013)
Criminal:
Appeal; suppression motion; vehicle stop; traffic violation for failing to timely use turn signal; police officer testifying as expert on intent to deliver drugs; cumulative testimony
(Walker111313L)
(Posted: November 13th 2013)
Criminal:
Motion to suppress; traffic stop; probable cause; turn signal violation; involuntary consent to search of person; scope of the search
(Erwin111313bt)
(Posted: November 13th 2013)
Criminal:
Post conviction relief act petition; appeal
(Kress1113bt)
(Posted: November 13th 2013)
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