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)
Hunsberger vs. Zechman
3.12.2014
Richard A. Gray
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)
In re Adoption of AJM
3.10.2014
Joy Reynolds McCoy
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)
Commonwealth vs. Cooper
3.11.2014
Nancy L. Butts
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)
Commonwealth vs. Croucher
3.10.2014
Marc F. Lovecchio
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)
Commonwealth vs. Croucher
3.6.2014
Marc F. Lovecchio
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)
Commonwealth vs. Moore
3.5.2014
Nancy L. Butts
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)
Commonwealth vs. Alford
3.6.2014
Nancy L. Butts
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)
Commonwealth vs. Bresnak
3.5.2014
Marc F. Lovecchio
Criminal:
Offense gravity score determination; interpretation of sentencing scheme for DUI with minor in vehicle
(Bresnak030514L)
(Posted: March 5th 2014)
Commonwealth vs. Collins
3.5.2014
Marc F. Lovecchio
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)
Commonwealth vs. Ruley
3.3.2014
Nancy L. Butts
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)
Commonwealth vs. English
2.28.2014
Marc F. Lovecchio
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)
Buch vs. Baker
2.25.2014
Dudley N. Anderson
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)
Commonwealth vs. Newman
2.18.2014
Marc F. Lovecchio
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)
Commonwealth vs. Delaney
2.19.2014
Marc F. Lovecchio
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)
Commonwealth vs. Fromille
2.19.2014
Marc F. Lovecchio
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)
Commonwealth vs. Long
2.19.2014
Nancy L. Butts
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)
Commonwealth vs. Garcia
2.19.2014
Nancy L. Butts
Criminal:
Post-sentence motion; sufficiency and weight of evidence; DNA evidence; fleeing as consciousness of guilt; corroborating testimony
(Garcia021914bt)
(Posted: February 19th 2014)
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)
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)
Commonwealth vs. Croucher
2.12.2014
Marc F. Lovecchio
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)
Commonwealth vs. Daniels
2.10.2014
Marc F. Lovecchio
Criminal:
Counsel conflict of interest claim; actual prejudice; adverse affect upon lawyer's performance
(Daniels021014L)
(Posted: February 10th 2014)
Commonwealth vs. McCloy
2.6.2014
Marc F. Lovecchio
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)
Commonwealth vs. Fisher
2.6.2014
Marc F. Lovecchio
Criminal:
Petition for credit for time served; previous sentencing order addressed time served credits
(Fisher020614L)
(Posted: February 6th 2014)
Commonwealth vs. Shaw
2.6.2014
Nancy L. Butts
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)
Commonwealth vs. Kaufman
2.6.2014
Nancy L. Butts
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)
Commonwealth vs. Wright
2.5.2014
Nancy L. Butts
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)
Edler Estate
1.31.2014
Marc F. Lovecchio
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)
Commonwealth vs. Ernst
1.31.2014
Nancy L. Butts
Criminal:
Appeal; motion to compel ARD; DUI case; juvenile record
(Ernst013114bt)
(Posted: January 31st 2014)
Commonwealth vs. Moore
1.31.2014
Nancy L. Butts
Criminal:
Appeal; excessive sentence; history of probation violations; abuse of discretion
(Moore013114bt)
(Posted: January 31st 2014)
JC vs. TK; TK vs. JC
1.23.2014
Marc F. Lovecchio
Custody:
Appeal; relocation request; consideration of stability of children's schooling and drug use of one of the parents
(jc012314L)
(Posted: January 30th 2014)
Commonwealth vs. Newman
1.30.2014
Marc F. Lovecchio
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)