Commonwealth vs. Lyons
7.8.2013
Richard A. Gray
Criminal:
Appeal; amendment to criminal information; conviction of separate assault offenses; use of standard jury instructions; deadly weapon enhancement where jury does not find that deadly weapon was used; waiver of issues; findings to be made by the court; claimed unreasonable and excessive sentence; corpus delicti rule; proof of facts without reliance on confession; testimony of licensee number as violation of hearsay rule
(Lyons070813g)
(Posted: July 9th 2013)
JP vs TS
7.8.2013
Joy Reynolds McCoy
Custody:
School selection dispute; best interests of the child; evaluating totality of circumstances; schools equally appropriate for child; ability to interact with half-sister at school
(Phillips070913m)
(Posted: July 9th 2013)
Civil:
Preliminary objections; specificity of phrase "including but limited to"; duty of club member to supervise, train or instruct a volunteer; special relationship
(Byerly070313g)
(Posted: July 8th 2013)
Commonwealth vs. Smith
7.1.2013
Marc F. Lovecchio
Criminal:
Appeal; excessive sentence; waiver of issues; negotiated plea agreement; voluntariness of guilty plea; raising issue of ineffective counsel on appeal; eligibility for recidivism risk reduction incentive
(Smith070113L)
(Posted: July 5th 2013)
Commonwealth vs. Brown
7.5.2013
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; timeliness; double jeopardy; separate sentences for separate crimes under same section of the crimes code; revocation of probation before probation commenced
(Brown070513L)
(Posted: July 5th 2013)
Commonwealth vs. Sabur
7.1.2013
Marc F. Lovecchio
Criminal:
Appeal; weight of the evidence; credibility of witnesses; admissibility of prison telephone conversations; relevance; danger of unfair prejudice; proof of intent and motive
(Sabur070113L)
(Posted: July 1st 2013)
Commonwealth vs. Locke
7.1.2013
Marc F. Lovecchio
Criminal:
Appeal; sufficiency of the evidence sexual offenses with a minor; need for testimony to corroborate that of the victim; claimed error in not using complete standard jury instruction on prompt complaint; adequate statement of the law; introduction of prior consistent statements to rebut charge of fabrication, bias, improper influence or motive, or faulty memory; manifestly excessive sentence; preservation of issues
(Locke070113L)
(Posted: July 1st 2013)
Civil:
Propriety of raising statute of limitations issue by preliminary objection; preliminary objection to preliminary objection; gist of the action doctrine barring breach of fiduciary duty claims; specificity of pleading; sufficiency of pleading of special relationship to establish fiduciary duty; requirement to attach writings
(samuel062713g)
(Posted: June 27th 2013)
Commonwealth vs. Klopp
6.21.2013
Marc F. Lovecchio
Criminal:
Sentencing issue; Megan's Law registration grading; need for a prior conviction before the enhanced registration requirement be imposed; multiple offenses arising from the same criminal episode
(Klopp062113L)
(Posted: June 23rd 2013)
TM vs. MM
6.13.2013
Dudley N. Anderson
Custody:
Request to relocate child; factors considered; short distance move without impacting the custody order; opinion of the 11 year old child; no financial or job impact with the move
(tm061313a)
(Posted: June 20th 2013)
Civil:
Motion for reconsideration of allocation of settlement proceeds as all survival benefits; applicability of policy favoring wrongful death benefits; intention of decedent to pass estate to wife rather than sons; right of children to claim wrongful death benefits where they suffered no pecuniary loss
(Rinker062013g)
(Posted: June 20th 2013)
Commonwealth vs. Quartman
6.20.2013
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case; retail theft charge in case where defendant placed items from store in a bag, but left the bag in the store; presumption relating to concealing of unpurchased property; renunciation as defense
(Quartman062013bt)
(Posted: June 20th 2013)
Commonwealth vs. Owens
6.20.2013
Nancy L. Butts
Civil:
Motion to remand back to preliminary hearing; DUI; waiver of right to remand matter for preliminary hearing as a part of a guilty plea agreement; mutual mistake claim; knowledge of defendant of prior DUI; unclean hands
(Owens062013bt)
(Posted: June 20th 2013)
Commonwealth vs. Carr
6.18.2013
Nancy L. Butts
Criminal:
Suppression motion; reopened record; police jurisdiction; prior written consent between municipalities; drug sale first arising in primary jurisdiction; voluntariness of consent to search; totality of circumstances; probable cause to arrest
(Carr061813bt)
(Posted: June 19th 2013)
Commonwealth vs. White
6.18.2013
Nancy L. Butts
Criminal:
Post-conviction relief act petition; knowing, intelligent and voluntary guilty plea; reasonableness of sentence; sufficiency of claim that attorney failed to raise issues on appeal; claimed sentencing errors; definition of drug paraphernalia; discretion of court to impose consecutive sentences rather than concurrent; computing credit for time served
(White061813bt)
(Posted: June 18th 2013)
Civil:
Appeal; unauthorized practice of law; expert opinion on legal issues; applicability of unclean hands doctrine
(Capoulliez061013g)
(Posted: June 11th 2013)
Early-McClure vs. Hall
6.11.2013
Dudley N. Anderson
Divorce:
Protection form abuse case; motion to quash subpoena to Pa. State Police; intercepted communications; wiretap act protections from disclosure
(earlymcclure061113a)
(Posted: June 11th 2013)
Commonwealth vs. Timlin
6.10.2013
Nancy L. Butts
Criminal:
Motion to reinstate plea agreement; waiver of preliminary hearing in exchange for plea agreement; accomplishment of the plea agreement; promissory estoppel; reasonableness of reliance on guilty plea recommendation, that was made subject to approval of district attorney
(Timlin061013bt)
(Posted: June 11th 2013)
Criminal:
Motion to join informations; murder case; antagonistic defenses; reconcilable defenses; claimed prejudice due to allegation that one of the defendants stole a gun used in the shooting
(MooreAlford061013bt)
(Posted: June 11th 2013)
Commonwealth vs. Riera
6.10.2013
Nancy L. Butts
Criminal:
Appeal of murder conviction; speedy trial claim; defendant requested continuances causing delay; Commonwealth's production of changed witness statement; lack of police report of change in statement; lack of prejudice; prosecutorial misconduct in closing statement; counsel's misstatement of the law; corrective instruction
(Riera061013bt)
(Posted: June 11th 2013)
Commonwealth vs. Morrison
6.7.2013
Richard A. Gray
Criminal:
Suppression motion; statements made while under arrest; legality of arrest; investigative detention; probable cause to arrest; Miranda warnings; knowing, intelligent and voluntary statements; need for renewed Miranda warnings
(Morrison060713g)
(Posted: June 10th 2013)
Commonwealth vs. Vidonish
6.10.2013
Nancy L. Butts
Criminal:
Appeal of summary offense conviction; driving too fast for conditions; lack of evidence of speed of vehicle; inferences based on road conditions and inability of driver to stay on the road
(Vidonish061013bt)
(Posted: June 10th 2013)
Commonwealth vs. Coleman
6.10.2013
Marc F. Lovecchio
Criminal:
Habeas corpus petition; sufficiency of evidence of criminal conspiracy and criminal use of a communication facility; mere association; circumstantial evidence of involvement; motion to suppress identification; unnecessarily suggestive photo array; in-court identification following a suggestive pretrial identification; burden of Commonwealth to provide independent basis for identification
(Coleman061013L)
(Posted: June 10th 2013)
Commonwealth vs. Veer
6.10.2013
Marc F. Lovecchio
Criminal:
Determination of whether New York driving while ability impaired offense is substantially similar to Pennsylvania driving under the influence offense, for grading purposes
(Veer061013L)
(Posted: June 10th 2013)
Civil:
Preliminary objections; specificity of averments; demurrer; governmental immunity; applicability of vehicle exception to claim that snow plow caused curb damage; duty to warn and inspect dangerous condition of sidewalk; notice of defective condition
(Weiser052413g)
(Posted: June 7th 2013)
Criminal:
Appeal of denial of district attorney of private criminal complaints; attempt by convicted sex offender to have complainants charged with criminal charges relating to their reports to authorities and testimony; request to recuse district attorney due to pending civil rights action; process for filing private criminal complaints against juvenile; standard of review; sufficiency of evidence of perjury and false reports; bald assertions
(Bodle060613L)
(Posted: June 6th 2013)
In re: Adoption of MLD
5.31.2013
Joy Reynolds McCoy
Adoption:
Petition to involuntarily terminate parental rights; 16 year old child; evidence of settled purpose of relinquishing parental claim to a child; deliberate decision to terminate parental relationship
(AdoptionofMD053113m)
(Posted: June 4th 2013)
Commonwealth vs. Hofford
6.4.2013
Marc F. Lovecchio
Criminal:
Suppression motion; reasonable suspicion or probable cause for vehicle stop; failure to use turn signal; obligation to use turn signal at intersection, where driver has the right-of-way
(Hofford060413L)
(Posted: June 4th 2013)
Commonwealth vs. Williams
5.31.2013
Nancy L. Butts
Criminal:
Habeas corpus petition; specificity of motion; waiver
(Williams053113bt)
(Posted: June 1st 2013)
Commonwealth vs. Plummer
5.31.2013
Nancy L. Butts
Criminal:
Suppression motion; search of everyone in a vehicle; automatic companion rule; reasonable and articulable suspicion that the arrestee's companion is armed and dangerous; pat down; plain feel doctrine.
(Plummer053113bt)
(Posted: June 1st 2013)
Criminal:
Habeas corpus petition; prima facie case of attempted murder and aggravated assault; specific intent to kill or cause serious bodily injury
(Hellenthal053113bt)
(Posted: June 1st 2013)
Commonwealth vs. McHenry
5.31.2013
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; destroyed evidence; bad faith
(McHenry053113bt)
(Posted: May 31st 2013)
Civil:
Petition to strike or open default judgment; action to quiet title; service by advertisement; self-sustaining complaint; failure of complaint to state a claim upon which relief may be granted; fatal defect; lost deed; adverse possession of mineral rights; affirmative act evidencing abandonment of mineral rights; loss of mineral rights for failure to pay taxes; separate assessment of taxes on mineral rights
(bailey052913a)
(Posted: May 30th 2013)
RW vs. CW
5.23.2013
Dudley N. Anderson
Support:
Exceptions to support order; evidence that respondent's conduct caused petitioner to be fired; medical insurance premiums; entitlement to earned income credit
(wilson052313a)
(Posted: May 24th 2013)
Commonwealth vs. Bricker
5.24.2013
Richard A. Gray
Criminal:
Petition for post-conviction relief; ineffective counsel claim; failure to appeal denial of nominal bail petition; undermining the truth-determining process; merits of underlying claims; proper issues for post conviction petition
(bricker052413g)
(Posted: May 23rd 2013)
Commonwealth vs. Villanueva
5.22.2013
Marc F. Lovecchio
Criminal:
Motion to suppress; seizure of hair and blood samples; probable cause for search warrant; motion for funds for an expert; DNA evidence; particularized need for expert, specifically set forth in writing; need for investigator; motion to dismiss; delay in charging offenses; bald allegations of prejudice
(villanueva052113L)
(Posted: May 22nd 2013)
Commonwealth vs. Garrett
5.22.2013
Marc F. Lovecchio
Criminal:
Motion to dismiss; diligent prosecution; tendered guilty plea that is rejected by Commonwealth, as waiver of speedy trial rights; excludable time
(Garrett052213L)
(Posted: May 22nd 2013)
Commonwealth vs. Anderson
5.16.2013
Nancy L. Butts
Criminal:
Motion to suppress evidence; search of everyone in a vehicle; automatic companion rule; reasonable and articulable suspicion that the arrestee's companion is armed and dangerous
(Anderson051613bt)
(Posted: May 17th 2013)
Commonwealth vs. Robinson
5.17.2013
Marc F. Lovecchio
Criminal:
Amended post-conviction relief act petition; ineffective counsel; defense strategy; admissibility of theft convictions; preempting Commonwealth evidence of crimen falsi convictions
(Robinson051713L)
(Posted: May 17th 2013)
Commonwealth vs. Bodle
5.17.2013
Richard A. Gray
Criminal:
Appeal; weight and sufficiency of the evidence; admission of statements by one of tender years; testimony supporting sexual offenses against a minor; establishing the dates of offenses
(bodle051713g)
(Posted: May 17th 2013)
Civil:
Preliminary injunction hearing; award of plumbing contract; taxpayer standing; straw party for losing bidder for contract; standard for mandatory injunctive relief; irreparable harm; withdrawal of bids; applicability of section 1603 of the Trade and Commerce Code; disqualification of withdrawing bidder; materially altered project
(Stewart050913g)
(Posted: May 16th 2013)
AF vs RD
5.15.2013
Joy Reynolds McCoy
Support:
Preliminary objections to support complaint filed against father by sister of 18 year old child; child refusing to follow parental rules; child voluntarily moving from parental home to move in with sister; parental home remains open to child; emancipation
(AF051513m)
(Posted: May 16th 2013)
Civil:
Non-jury verdict; injunction case; student drug testing policy applicable to students participating in extracurricular activity or who wish to obtain a parking permit; required consent to drug testing; claimed violation of Pennsylvania constitution; actual showing of the specific need for the policy due to documented drug problem
(Fagnano051613g)
(Posted: May 16th 2013)
Civil:
Forfeiture petition; use of vehicle to transport a rape victim to location where rape was committed; divorce; property included in the definition of marital property; waiver of marital property claim; standing to raise marital property claim where spouse raises none
(Forfeiture050613g)
(Posted: May 13th 2013)
Commonwealth vs. Bryant
5.9.2013
Joy Reynolds McCoy
Civil:
Appeal; sufficiency of evidence to prove possession of a controlled substance; constructive possession; ability to exercise conscious dominion over an illegal substance
(Bryant5913m)
(Posted: May 13th 2013)
JM vs. MH
5.8.2013
Joy Reynolds McCoy
Custody:
Petition for special relief; dispute about where child will attend school; best interests of the child; both school districts meeting child's needs; stronger stability of parent in a district as a deciding factor
(jm050813m)
(Posted: May 10th 2013)
KW vs. KH
5.9.2013
Joy Reynolds McCoy
Custody:
Hearing related to child's public or Catholic school attendance; best interest of the child; ability of schools to meet educational needs
(kw050913m)
(Posted: May 10th 2013)
Criminal:
Omnibus pre-trial motion; case barred by former prosecution; prosecution based on same criminal conduct or from same criminal episode; de minimis duplication of facts; suppression of evidence; burden of proof; insufficient record to establish that the police had reasonable suspicion or probable cause to believe that Defendant committed an offense
(Adjei-Frimpong051013L)
(Posted: May 10th 2013)
Administrative Appeal:
Petition to set aside upset tax sale; notice issue; requirement of personal service
(taxclaimbureautaylor050713a)
(Posted: May 7th 2013)
Commonwealth vs. Dye
5.7.2013
Marc F. Lovecchio
Criminal:
Suppression motion; DUI case; probable cause to believe crime had been committed; blood not drawn within 2 hours; admissions in verified motion; exception to 2 hour rule
(Dye050713L)
(Posted: May 7th 2013)
Commonwealth vs. Nixon
5.6.2013
Marc F. Lovecchio
Criminal:
Motion to suppress; protective sweep of residence; domestic disturbance at residence; observation of firearm; scope of protective sweep; pretext to discover evidence; legality of arrest; inevitable discovery of evidence and arrest of defendant
(NIXON050613L)
(Posted: May 6th 2013)
Adoption:
Appeal of one basis for terminating parental rights where agency met its burden of proving multiple bases for termination
(AdoptionofCSandCL050613m)
(Posted: May 6th 2013)
Commonwealth vs. Lattie
5.3.2013
Nancy L. Butts
Criminal:
Post-sentence motion; non-jury verdict; weight and sufficiency of evidence of criminal trespass; claimed inadvertent entry into a home; voluntary intoxication; attempt to flee the police
(Lattie050313bt)
(Posted: May 4th 2013)
Commonwealth vs. Hopkins
5.2.2013
Nancy L. Butts
Criminal:
Motion to suppress; search and seizure; passenger's standing to contest search; scope of consent; legitimate expectation of privacy; use of vehicle for storage of possessions; failure of passenger to claim ownership prior to search
(Hopkins050213bt)
(Posted: May 2nd 2013)
Commonwealth vs. Carr
5.2.2013
Nancy L. Butts
Criminal:
Motion to suppress; drug case; controlled buy of drugs outside of jurisdiction of police officer; burden of proof in suppression hearing; failure to offer proof of authority of officer to act outside of his jurisdiction
(Carr050213bt)
(Posted: May 2nd 2013)
Civil:
Motion for judgment on the pleadings; action for trespass and unjust enrichment resulting from seismic studies; right under lease and assignment to conduct seismic testing; sufficiency of the facts of record to support motion; viability of unjust enrichment claim in tort action setting
(evans043013a)
(Posted: May 1st 2013)
Criminal:
Motion to suppress; unduly suggestive photo array; police showing photo of shooter to witness where witness supplied the shooter's name and detailed previous contacts
(MooreAlford050113bt)
(Posted: May 1st 2013)
Jacobs vs. Bilbay
4.30.2013
Richard A. Gray
Civil:
Appeal of jury verdict in auto collision case; admitted negligence; award of medical expenses and lost earnings only; claimed error in instructing jury on factual cause where some injury is admitted; jury determination as to which injuries were caused by the accident; making medical exhibits available to jury during deliberations; claim that low award for lost earnings was against weight of the evidence; role of jury to decide the amount and extent of injuries; credibility of expert witness
(jacobs043013g)
(Posted: April 30th 2013)
Civil:
Appeal of denial of motion for default judgment; lack of final order; failure of service by the sheriff; failure to follow default judgment procedures
(hill042613a)
(Posted: April 29th 2013)
Commonwealth vs. Ingram
4.25.2013
Marc F. Lovecchio
Criminal:
Commonwealth's appeal of court's evidentiary rulings; injured infant; sole custody inference; admissibility of stipulations from dependency proceedings as admissions of facts; lack of clarity as to what was admitted; relevance of admissions; prejudice; chance of jury speculation; crimen falsi convictions; prior agreement not to use convictions in evidence; timeliness of request to use prior convictions in evidence
(Ingram042513L)
(Posted: April 26th 2013)
Ryder vs. Csik and Gaus
4.25.2013
Richard A. Gray
Civil:
Non-jury verdict, land title dispute; action to quiet title; adverse possession; actual,_x000d_
continuous, exclusive, visible, notorious, distinct and hostile possession
(ryder042513g)
(Posted: April 26th 2013)
Commonwealth vs. Wheelock
4.24.2013
Dudley N. Anderson
Criminal:
Appeal of denial of post conviction relief petition; waiver of issues; issues previously litigated; ineffective counsel; significance of failure to read prior testimony of witness who did not testify at trial
(wheelock042413a)
(Posted: April 24th 2013)
Civil:
Petition to strike judgment; question of whether gas lessees are real property owners for purposes of a foreclosure action; failure to commence production; notice of sheriff's sale; delaying sheriff's sale
(Deutsche041813g)
(Posted: April 23rd 2013)
Adoption:
Appeal
(AdoptionofZBEA042213m)
(Posted: April 23rd 2013)
KMW vs. DMB
4.23.2013
Dudley N. Anderson
Support:
Exceptions to child support order; allocating tax exemptions; tax calculations affecting child support obligations; income calculations
(kmw042313a)
(Posted: April 23rd 2013)
Civil:
Non-jury verdict; breach of contract claim; construction project dispute; building code compliance issues
(RichardBennardi042313g)
(Posted: April 23rd 2013)
Adoption:
Petition for involuntary termination of parental rights; dependent children; duty of parent while child is in foster care; failure to perform parental duties; failure to follow through with medical and mental treatment; failure to follow through with necessary services; parental incapacity; failure to secure necessary services for the children; failure to remedy conditions that led to the placement of the children; needs and welfare of the children; parental bond
(AdoptionofCLandCS032113m)
(Posted: April 19th 2013)
Commonwealth vs. Newton
4.16.2013
Nancy L. Butts
Criminal:
Post-conviction relief act petition; ineffective assistance of counsel; sufficiency of time spent with defendant before trial; failure to object to closing argument of prosecution; reference to drug transactions near schools and parks as inflammatory
(Newton041613bt)
(Posted: April 19th 2013)
Commonwealth vs. Craig
4.19.2013
Marc F. Lovecchio
Criminal:
Motion to dismiss; rule 600; due diligence; removal from the jurisdiction; lack of efforts to notify defendant of the charges and bring him back to jurisdiction
(CRAIG041913L)
(Posted: April 19th 2013)
In re: ETS, a minor child
4.18.2013
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; settled purpose to relinquish parental claim; failure to perform parental duties; bond between the child and_x000d_
parent; lack of parental contact with or interest in the child
(AdoptionofETS041813m)
(Posted: April 19th 2013)
Commonwealth vs. Greene
4.18.2013
Marc F. Lovecchio
Criminal:
Petition for writ of habeas corpus; conspiracy to tamper with physical evidence; drugs thrown from fleeing vehicle; prima facie case
(Greene041813L)
(Posted: April 18th 2013)
Administrative Appeal:
Appeal; license suspension and disqualification of commercial driving privileges; suspicion of DUI; refusal to submit to blood testing; attempted breath tests; knowing or conscious refusal
(Grassmeyer41813m)
(Posted: April 18th 2013)
Criminal:
Motion to suppress evidence; vehicle stop; DUI arrest; requirement of police verification of information from eye witness; trustworthiness of information from identified witnesses
(Steinbacher041813bt)
(Posted: April 18th 2013)
Commonwealth vs. Kress
4.16.2013
Nancy L. Butts
Criminal:
Post-conviction relief act petition; waiver of defenses and suppression issues by guilty plea; knowingly, voluntarily, and intelligently pleading guilty; ineffective assistance of counsel; claimed coerced plea; record facts to support plea
(Kress041613bt)
(Posted: April 16th 2013)
Nagle vs. The Williamsport Hospital, the Williamsport Hospital and Medical Center, Susquehanna Regional Healthcare Alliance, Susquehanna Health System, Martin, Young, O?Hara, Knight, Girio, Minium, Moyer, Tate, Saunders, Koser, and Shipe
4.9.2013
Dudley N. Anderson
Civil:
Motion for partial summary judgment; corporate negligence claim; causation; sufficiency of expert report of nurse; constructive notice; absence of supervision
(naglerose040913a)
(Posted: April 10th 2013)
Commonwealth vs. Popowich
4.10.2013
Marc F. Lovecchio
Criminal:
Post-sentence motion; sentencing issue; repeat DUI case; authority to vacate illegal sentencing order at request of the Commonwealth, nunc pro tunc; authority of court to sentence to house arrest; wheelchair bound defendant with significant physical limitations
(popowich041013L)
(Posted: April 10th 2013)
Civil:
Non-jury verdict; duty; negligence
(wells040813a)
(Posted: April 9th 2013)
Nagle vs. The Williamsport Hospital, the Williamsport Hospital and Medical Center, Susquehanna Regional Healthcare Alliance, Susquehanna Health System, Martin, Young, O?Hara, Knight, Girio, Minium, Moyer, Tate, Saunders, Koser, and Shipe
4.9.2013
Dudley N. Anderson
Civil:
Motion for partial summary judgment; expert opinion supporting malpractice claims; increased risk of harm; claim that theory is implicitly supported by expert's opinion
(nagle040913a)
(Posted: April 9th 2013)
Civil:
Petitions to intervene; interests affected by rescission of a confirmatory deed; motion to open default judgment; timeliness; excusable failure to act; meritorious objections
(Southwestern040913a)
(Posted: April 9th 2013)
Commonwealth vs. Snook
3.18.2013
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; timeliness; finality of case on remand from direct appeal for resentencing; applicability of Miranda rights; fact hearing to address multiple issues of claimed attorney ineffectiveness, including use of roadway by the public such that it is a trafficway and claimed failure to provide evidence that defendant drank after driving
(Snook031813L)
(Posted: April 8th 2013)
Commonwealth vs. Illes
4.8.2013
Marc F. Lovecchio
Criminal:
Appeal; second or subsequent post conviction request for relief; claimed miscarriage of justice; claim of innocence; allegation of trial counsel ineffectiveness where underlying claims had no arguable merit; prejudice; some, and not all, issues forfeited by counsel's acts or omissions; coordinate jurisdiction rule
(Illes040813L)
(Posted: April 8th 2013)
Civil:
Plaintiff's preliminary objections to answer and new matter; ambiguous denials of allegations alleging involvement of defendant doctors in decedent's care; specificity of new matter; relationship of new matter to pleaded claims
(winner040813a)
(Posted: April 8th 2013)
Civil:
Motions for summary judgment; breach of lease claims; contract interpretation; intention of the parties; meaning of the term revision; unjust enrichment claim; unauthorized practice of law; landman's duties; unclean hands doctrine; equity
(Capouillez040513g)
(Posted: April 5th 2013)
Civil:
Preliminary objections; right of first refusal; claimed legal insufficiency of the complaint; interpretation of contract and deed language; Rule Against Perpetuities; recording deed as essential to conveyance of title; specificity of the complaint
(pennlyco040413a)
(Posted: April 4th 2013)
Commonwealth vs. Barker
4.3.2013
Nancy L. Butts
Criminal:
Post-conviction relief act petition; guilty plea as waiver of all defects and defenses; knowing, intelligent, voluntary, and understanding guilty plea; adequate information concerning the definition of malice; ineffective counsel for failing to argue mitigating factors in sentencing; relief for failure to comply with time requirements of rule 600; legality of sentence for 3rd degree murder
(Barker040313bt)
(Posted: April 3rd 2013)
Civil:
Motions for summary judgment; issue relating to ownership of oil and natural gas rights; quiet title action; interpretation of deed reservation; reservation of mineral rights without reference to oil or gas; rebuttable presumption; burden of proof; ownership of coalbed gas
(Elbow032513g)
(Posted: April 2nd 2013)
CK vs. ASB
4.1.2013
Joy Reynolds McCoy
Support:
Complaint to establish paternity and for genetic testing; paternity by estoppel; petitioner holding himself out as parent; mother's fraud regarding paternity; father's unawareness of mother's relationship with another man
(Kepner040113m)
(Posted: April 2nd 2013)
Commonwealth vs. Riera
4.2.2013
Nancy L. Butts
Criminal:
Post sentence motion; third degree murder conviction; weight and sufficiency of the evidence; malice; evidence of shooting without warning; unreasonable fear for life and safety; applicability of Castle Doctrine; waiver of issues by failure to raise during trial; admissibility of shooting scene video; inflammatory nature of video; relevancy of contents of video; relevancy of evidence that victim carried a knife in the past; jury charge; evidence of involuntary manslaughter; inconsistent verdicts; excessive sentence
(Riera040213bt)
(Posted: April 2nd 2013)
Commonwealth vs. Ricks
4.2.2013
Nancy L. Butts
Criminal:
Appeal; post conviction relief act petition
(Ricks040213bt)
(Posted: April 2nd 2013)
Commonwealth vs. Mosley
4.2.2013
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; waiver of issues that could have been raised in previous petitions
(Mosley040213bt)
(Posted: April 2nd 2013)
Commonwealth vs. Dickerson
4.2.2013
Marc F. Lovecchio
Criminal:
Motion to dismiss weapon possession charges; New York convictions that disqualify person from possessing a weapon in Pennsylvania; statutory construction
(Dickerson040213L)
(Posted: April 2nd 2013)
Commonwealth vs. Kendziorek
3.28.2013
Marc F. Lovecchio
Criminal:
Suppression motion; traffic stop; probable cause to stop vehicle; reasonable suspicion to believe Defendant was driving under the influence of alcohol due to erratic driving
(Kendziorek032813L)
(Posted: March 28th 2013)
Civil:
Summary judgment motion of STEP; negligence claim based upon STEP assisting in obtaining babysitting services subsidy for mother; duty to child; babysitter recommended by plaintiff mother
(tg032713g)
(Posted: March 27th 2013)