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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Adoption:
Motion to dismiss dependency petition; child abuse by one parent; safety plan; definition of a dependent child; willingness of one parent to provide parental care and desire to maintain family unit; minimal violations of the safety plan by father; diligent attempts by mother to comply with safety plan
(AI050411m)
(Posted: May 5th 2011)
Criminal:
Appeal; timeliness of post sentence motion filed by counsel; refusal of court to address timely post sentence motion filed by defendant; right of self representation; sufficiency and weight of evidence in drug delivery case where the physical delivery was made by a third party of drugs ordered from defendant; sentencing discretion
(Jackson050311g)
(Posted: May 4th 2011)
Criminal:
Motion of r return of property; seizure of evidence pursuant to an ongoing investigation of sexual assault; derivative contraband; lack of criminal charges after 4 years of Commonwealth possession of property.
(cobbs040811L)
(Posted: May 2nd 2011)
Criminal:
Post conviction relief act petition; nonsensical motion; reinstating charges dismissed at a preliminary hearing; waiver by pleading guilty; second petition raising the same claims.
(Reynolds041311L)
(Posted: May 2nd 2011)
Criminal:
Motion to suppress identification; suggestive pre-trial identification procedure; showing of single photograph of defendant before showing the photo array; substantial likelihood of misidentification; sufficiently independent origin of identification.
(Brown042011L)
(Posted: May 2nd 2011)
Criminal:
Suppression motion; defendant involved in dispute with cab driver; pat down for weapons; discovery of cocaine during pat down.
(Turner042511bt)
(Posted: April 27th 2011)
Custody:
Aunt and uncle's petition to Intervene in custody action; petitioners possess a parent-child relationship with the children; non-traditional family; standing in loco parentis.
(JM041911m)
(Posted: April 19th 2011)
Criminal:
Post sentence motion; sufficiency of evidence; non-jury trial of drug offenses; probable cause to search camera images
(ringkamp030411br)
(Posted: April 18th 2011)
Criminal:
Non-jury trial; retail theft; sufficiency of evidence that defendant conspired to have a department store cashier give her items without charge.
(baines041811a)
(Posted: April 18th 2011)
Criminal:
Appeal
(Prentiss041811bt)
(Posted: April 18th 2011)
Civil:
Motion for summary judgment; libel case; defamatory meaning; statements concerning criminal activity; statement in the form of an opinion; absolute privilege of high public officials; statements made for political motives; suit by a public figure; shifting burden of proof; actual malice.
(rogers032511W)
(Posted: April 18th 2011)
Criminal:
Post conviction relief act petition; effectiveness of counsel; post-trial challenge to conviction; sufficiency of evidence; failure to request charge on lesser included offenses.
(Lyons041511bt)
(Posted: April 16th 2011)
Criminal:
Habeas corpus petition; prima facie evidence of crime; possession of prohibited substance by prisoner; lack of chemical testing of substance.
(Bozochovic041511bt)
(Posted: April 16th 2011)
Criminal:
Motion to suppress; search of cell phone without warrant; abandoning expectation of privacy by giving possession to another; evidence discovered by private citizen.
(Thomas040711bt)
(Posted: April 16th 2011)
Criminal:
Post conviction relief act petition; ineffective counsel; sexual offender registration requirements in Pennsylvania; Florida conviction requiring registration; lack of criminal offense; illegal conviction.
(Clark032911bt)
(Posted: April 13th 2011)
Criminal:
Suppression motion; drug case; securing residence before search warrant is obtained; lack of exigent circumstances; consent to search; apparent authority to consent; probable cause to search; affidavit of probable cause establishing probability of contraband in place to be searched.
(Brown032911bt)
(Posted: April 13th 2011)
Criminal:
Emergency motion for continuance and motion for funds for expert; complexities of report of Internet history; failure to obtain expert services upon learning of complexities; need for expert services
(Hartsock040811m)
(Posted: April 11th 2011)
Criminal:
Motion in limine; admissions about having smoked marijuana earlier in the day; gang related tattoos; relevance; evidence of common plan or scheme; admissibility of propensity evidence.
(Patton041111g)
(Posted: April 11th 2011)
Criminal:
Post sentence motion; drug conviction; admissibility of evidence of drugs found in another's residence as proof of defendant's intent to deliver; sufficiency and weight of evidence; circumstantial evidence; constructive possession; consciousness of guilt shown by fleeing from officer;
(PRICE031611L)
(Posted: April 6th 2011)
Criminal:
Post sentence motion; attorney conflict of interest; affect on counsel's performance; impact of dual representation of husband and wife in sex abuse case where defense of wife was in lock step with that of husband
(barto032411L)
(Posted: April 6th 2011)
Adoption:
Petition for involuntary termination of parental rights; father has played no role in child's life; failure to fulfill parental responsibilities; impact on child of rights termination
(fa032511g)
(Posted: April 6th 2011)
Criminal:
Motion to suppress; photo identification using CPIN computer program; suggestiveness of photo array; in court identification.
(cooper040411L)
(Posted: April 6th 2011)
Custody:
Petition requesting the court to assign the federal tax dependency exemptions; lack of pending support action or order; equitable power of the court; reliance on the Tax Code where no support issue.
(SMB040411L)
(Posted: April 6th 2011)
Criminal:
Post conviction relief act petition; failure to receive copies of the criminal complaint, the bill of particulars, or discovery; purview of the act; waiver of issues; ineffective counsel for failing to file suppression motion; admissibility of evidence
(Ricks033011bt)
(Posted: March 31st 2011)
Civil:
Forfeiture petition; money from sales of illegal drugs; nexus between the confiscated currency and the illegal activity; shifting burden of proof; credibility determinations.
(Berry033011g)
(Posted: March 30th 2011)
Criminal:
Motion in limine; perjury charges based on statements made under oath at criminal trial; collateral estoppel from introducing police testimony relating to the time of drug transactions for which defendant was acquitted.
(Cormier032911bt)
(Posted: March 29th 2011)
Criminal:
Post conviction relief act petition; sentencing inconsistent with plea agreement; lack of prejudice.
(Best032911bt)
(Posted: March 29th 2011)
Civil:
Post trial motion; limited tort case; jury finding of no serious impairment of bodily function; weight of the evidence; new trial request where evidence is conflicting and finder of fact could find either way.
(Nelson032911g)
(Posted: March 29th 2011)
Criminal:
Post sentence motion; mandatory minimum sentence for second Megan's Law offense; required notice to defendant; statutory inconsistencies; appropriateness of long sentence given the nature of the offenses, the prior offenses and the impact on the victim; lack of prejudice
(probst031711br)
(Posted: March 21st 2011)
Criminal:
Commonwealth appeal; preservation of testimony of unavailable witness; court's evaluation of credibility of witness; lack of corroborative evidence; lack of good faith effort to discover location of witness
(Chayka31811m)
(Posted: March 21st 2011)
Criminal:
Appeal; sexual abuse of minors; consolidation of multiple cases; common plan, scheme or design; refusal to grant mistrial where witness made an unsolicited, passing remark, about defendant having been in jail; waiver where no request to strike testimony; refusal to request curative instruction; overwhelming evidence of guilt; harmless error.
(Barto030411L)
(Posted: March 18th 2011)
Criminal:
Verdict in non-jury trial; DUI; question of who was driving the car; standards applicable to evaluating the credibility of witnesses; plausibility of defendant's version of the facts; sufficiency of evidence of unsafe driving.
(temple030711L)
(Posted: March 18th 2011)
Firetree, Ltd. vs, BFI Waste Services of Pennsylvania, LLC and Riverport Insurance Company
3.11.2011
Richard A. Gray
Civil:
Appeal; denial of motion for delay damages based upon entry of an award for summary judgment; liberal construction of rules; effect on substantial rights of parties; duty to follow clear language of rule when the words are free from ambiguity.
(Firetree031111g)
(Posted: March 18th 2011)
Criminal:
Late filed motion to suppress statements; appearance of new counsel; lack of prejudice; interview of student by officers at school; question of custodial interrogation; voluntariness of questioning of a juvenile; totality of the circumstances.
(Rawls031011L)
(Posted: March 18th 2011)
Criminal:
Motion to suppress; probable cause to stop vehicle; reasonable suspicion based on information supplied by identified citizens who witnessed a drug transaction; suggestiveness of identification of defendant.
(Coleman031711L)
(Posted: March 18th 2011)
Criminal:
Petition for habeas corpus; sufficiency of evidence of possession of drugs where marijuana was found in glove compartment of non-owned vehicle and officer smelled odor of marijuana emanating from car; suppression of evidence; impoundment and inventory of vehicle seized without a warrant based on odor.
(Matty031411bt)
(Posted: March 16th 2011)
Criminal:
Post conviction relief act petition; claim of ineffective counsel for recommending a guilty plea; written and oral guilty plea colloquy establishing knowing, voluntary and intelligent plea; conflict counsel withdrawal.
(Dunkleberger030911g)
(Posted: March 9th 2011)
Criminal:
Appeal
(Fisher022811bt)
(Posted: March 8th 2011)
Criminal:
Commonwealth's motion for reconsideration; discovery order compelling Commonwealth to provide documentation that includes child pornography; distribution allowed for judicial purpose; protective order to prevent copying and distribution.
(Hartsock030111m)
(Posted: March 4th 2011)
Criminal:
Petition for writ of habeas corpus; process used to trace child pornography to defendant's computer; defendant's ownership and use of computer with illicit images; sufficiency of the evidence
(Miller030411bt)
(Posted: March 4th 2011)
Criminal:
Counsel's motion to withdraw due to lack of meritorious issues in post conviction relief act petition; effectiveness of trial counsel; waiver of defects by guilty plea; lack of discovery; voluntariness of guilty plea; failure to object to sentence in aggravated range; failure to object to restitution amount
(Best030411bt)
(Posted: March 4th 2011)
Criminal:
Post conviction relief act petition; theft offenses; depositing invalid checks in new bank account; ineffective counsel claim; failure to make legal argument that has no merit
(Hoyt030311bt)
(Posted: March 4th 2011)
Criminal:
Motion to reconsider denial of motion to admit evidence of bad acts; factual claims not supported by the record
(Brown122110L1)
(Posted: March 1st 2011)
Criminal:
Appeal
(Mincy021411L)
(Posted: March 1st 2011)
Criminal:
Motion in limine; drug case; prior bad acts evidence; timely notice of intention to introduce; sufficiency of oral notice 3 days before jury selection; prejudice; common plan or design; lack of similarity in the crimes
(WHITE022411L)
(Posted: March 1st 2011)
Criminal:
Motion to reconsider denial of motion to suppress and denial of habeas corpus; video tape contradicting testimony of trooper; knowledge of driver's criminal history in drug trafficking and gang activity as leading to conclusion that guns were present; totality of the circumstances.
(Butler02242011L)
(Posted: March 1st 2011)
Civil:
Defamation complaint; appraisal report used by Commonwealth to prosecute administrative licensing proceedings; immunity of expert witness in judicial proceeding; improper motives; Restatement of Torts, 2d § 588.
(Reese022811g)
(Posted: February 28th 2011)
Criminal:
Pro se post trial motion where criminal defendant is represented by counsel; duty of court to review timely pro se motion where counsel's motion is not timely.
(Jackson022511g)
(Posted: February 28th 2011)
Criminal:
Motion to suppress; drug case; attempts to engage defendant in conversation and following defendant in public; attempt to abandon drugs precipitated by police interaction; probable cause for warrant to do drug swipe test; habeas corpus petition; sufficiency of evidence or resisting arrest or disorderly conduct.
(Justice021411bt)
(Posted: February 19th 2011)
Criminal:
Appeal
(taylor012711L)
(Posted: February 14th 2011)
Criminal:
Motion to suppress; stop and search of a bicycle rider for lighting violation; no Miranda warnings; permissible scope of policy inquiry for a summary offense; custodial interrogation.
(Hoffman013111L)
(Posted: February 14th 2011)
Criminal:
Motion of defendant for funds for appointment of expert to evaluate fingerprint evidence; Frye hearing request on whether latent fingerprint identification evidence is generally accepted; applicability of Frye analysis to commonplace evidence; issue going to weight of evidence; importance of allowing a criminal defendant the tools to properly defend himself.
(graham020411L)
(Posted: February 14th 2011)
Criminal:
Post sentence motion; excessive sentence claim; drug case; sentencing at the bottom of the standard guideline range; RRRI Program eligibility; disqualification of defendant with history of violence while incarcerated; statutory construction.
(mills020411L)
(Posted: February 14th 2011)
Criminal:
Motion to withdraw guilty plea; assertion of innocence; discretion of court to deny guilty plea withdrawal; credibility of innocence claim; Commonwealth prejudice; out of state witness.
(cooper020811L)
(Posted: February 14th 2011)
Custody:
Motion to change venue of custody action to place of mother's residence; uniform child custody act; incarcerated father; history of Lycoming County custody trial; convenience of the forum.
(MR021011m)
(Posted: February 11th 2011)
Administrative Appeal:
Appeal from zoning decision; special exception application; proof of non-conforming use; failure to submit transcript of hearing; variance; suggestion that use of a garage as occupied unit will deter crime; evidence of hardship
(Lyon021011g)
(Posted: February 10th 2011)
Criminal:
Appeal; evidence preclusion as sanction for failure of Commonwealth to comply with discovery order
(camp020911a)
(Posted: February 9th 2011)
Criminal:
Appeal; post conviction relief act petition; court's response to jury question; duty of the court to give instructions to clarify the jury's doubt or confusion
(Rogers020711bt)
(Posted: February 8th 2011)
Civil:
Praecipe seeking issuance of a writ of revival of a municipal lien related to lawn maintenance; property sold at foreclosure sale; objection filed by foreclosure sale purchaser; failure of Township to provide sheriff with lien information after having been given notice; proceeds distributed without objection
(Old Lycoming020811g)
(Posted: February 8th 2011)
Civil:
Non-jury trial; claim for equitable accounting of partnership assets; equitable defenses including unclean hands, latches and breach of partnership agreement; attempted use of the statute of limitations to reset partnership account figures
(Morrone020111g)
(Posted: February 7th 2011)
Civil:
Motion for preliminary injunction; trade secrets related to former employment; database which contains a listing of clients; availability of list from public sources; need to prove that right to relief is clear, that prevailing on the merits is likely and that injunctive relief is necessary to prevent immediate and irreparable harm; lack of proof that trade secret information was used to give an unfair competitive advantage.
(RPA020711g)
(Posted: February 7th 2011)
Criminal:
Appeal from denial of post sentence motion
(Newton020311bt)
(Posted: February 5th 2011)
Criminal:
Appeal
(Fisher020111bt)
(Posted: February 3rd 2011)
Criminal:
Commonwealth motion in limine seeking to introduce evidence of gang membership, statements made while incarcerated, evidence that defendant was involved with selling drugs, and admission of defendant that he uses marijuana; possible prejudice; use of evidence for limited purpose
(Coleman010311L)
(Posted: January 28th 2011)
Criminal:
Motion for reconsideration of sentence; resentencing due to defendant absconding while on probation; separate federal court drug offenses; ineligibility for "safety valve" reduction in mandatory federal sentence due to state court sentence length; refusal to engage in result oriented justice; consideration of collateral consequences of sentence where sentence is proper
(johnson010411L)
(Posted: January 28th 2011)
Criminal:
Motion to terminate ARD due to arrest for drug offense; jurisdiction to reconsider a non-final order; termination of ARD before conviction of collateral crime; suspension of ARD participation pending resolution of appeal of decision in collateral drug case against defendant
(BRISTER010311L)
(Posted: January 28th 2011)
Criminal:
Appeal
(Graves010411L)
(Posted: January 28th 2011)
Criminal:
Commonwealth appeal; waiver of issue for failure to raise in the hearing; scope of pat down
(Hickman011011L)
(Posted: January 28th 2011)
Criminal:
Motion to dismiss; rule 600; excludable time; defendant's filing of a pre-trial motion
(Bryant011111L)
(Posted: January 28th 2011)
Adoption:
Agency petition to involuntarily terminate parental rights; dependent child; incarcerated father who has attempted to maintain contact with the child; no settled purpose to relinquish parental claim; father's lack of employment skills; mother's failure to comply with agency goals for reunification and inability to provide for child's essential needs; mother's lack of job or permanent address; capability of meeting the essential needs of the child; termination best serving the child's needs and welfare
(SM011311L)
(Posted: January 28th 2011)
Criminal:
Commonwealth motion to preclude evidence; cross-examination of victim on specific acts of theft, disorderly conduct and other bad acts; relevance to credibility; motive to fabricate
(segraves011811L)
(Posted: January 28th 2011)
Criminal:
Motion to admit certain statements; out-of-court statements made by 4 year old victim of sexual abuse; admissibility under 42 Pa.C.S. §5985.1.
(Hayduk011411L)
(Posted: January 28th 2011)
Criminal:
Appeal of suppression and trial issues; failure to raise issues by motion or objection; waiver; sufficiency of evidence of possession of child pornography; admissions of the defendant; expert testimony of the age of children depicted in photographs; waiver of weight of the evidence issues; failure to object to prosecutor's reference in opening remarks to defendant as child predator; mistrial request due to presence of assistant district attorney on jury panel; corruption of minors conviction for swearing and off-color jokes; playing recorded statement as part of questioning of witness; constitutionality of sexually violent predator finding
(Bodle012111L)
(Posted: January 28th 2011)
Criminal:
Motion to vacate order of contempt; Commonwealth's inadvertent motion for contempt for conduct that should have been prosecuted as a crime; double jeopardy considerations; role of court in correcting errors of counsel; discretion of the court to enter orders that are fair and just under all of the circumstances.
(Weeks012611L)
(Posted: January 28th 2011)
Criminal:
Appeal; Brady violation; factual insufficiency of the claimed violation
(Clark012711bt)
(Posted: January 28th 2011)
Civil:
Non-jury verdict; plaintiff struck on head with beer mug; minimal scar; $2500 awarded
(Shay012811g)
(Posted: January 28th 2011)
Criminal:
Appeal; post conviction relief act petition; jurisdiction; timeliness; deportation proceedings; detention by Homeland Security as related to sentence of the court
(McKenzie012811bt)
(Posted: January 28th 2011)
Civil:
Appeal; legal malpractice claim; statute of limitations; strict application; lack of factual basis for claim that defendant advised plaintiff on a stock sale agreement
(Doebler012711g)
(Posted: January 27th 2011)
Criminal:
Omnibus pre-trial motion; timely filing; suppression issue; probable cause to stop vehicle; information that driver of vehicle had suspended drivers license and outstanding bench warrants
(White012411m)
(Posted: January 25th 2011)
Criminal:
Motion in limine to preclude introduction of pornographic photos of children; stipulation for trial that photos are child pornography; probative_x000d_
value outweighed by the danger of unfair prejudice
(Hartsock012111m)
(Posted: January 24th 2011)
Criminal:
Motion to suppress; stop and search of parolee by probation officer; reasonable suspicion to search if possession of contraband suspected; suspicious behavior by parolee
(Andrews012111bt)
(Posted: January 21st 2011)
Support:
Exceptions to support; contribution toward an extraordinary expense; payment to mother for child care; adjustment for mortgage payment; high arrearage payment constituting a hardship
(lacerra012011a)
(Posted: January 20th 2011)
Civil:
Appeal of non-jury decision apportioning ownership of land; findings supported by the testimony
(Winner11111g)
(Posted: January 12th 2011)
Criminal:
Post sentence motion; sufficiency and weight of evidence; evidence of actual and constructive possession of heroin; taking substantial steps toward delivering a controlled substance; criminal use of cellular phone; applicability of mandatory school sentencing enhancement
(Newton011211bt)
(Posted: January 12th 2011)
Criminal:
Post conviction hearing act petition; ineffective counsel; knowing, voluntary and intelligent guilty plea; written and on the record guilty plea colloquy; lack of specific allegations in petition; waiver of suppression issues by guilty plea
(Mosley010311b)
(Posted: January 8th 2011)
Criminal:
Motion to dismiss; determination of identity of perpetrator by DNA evidence; statutory extension of statute of limitations; legislative intent
(murray123010L)
(Posted: January 4th 2011)
Criminal:
Appeal
(Bressman120710L)
(Posted: January 3rd 2011)
Criminal:
Issues related to the testimony of a police officer as an expert
(Butler11120910L)
(Posted: January 3rd 2011)
Criminal:
Motion to admit bad acts; drug case; evidence of other crimes to explain a course of conduct; weighing probative value against prejudice
(brown120810L)
(Posted: January 3rd 2011)
In rem: 2001 Dodge Ram; 1998 Dodge Sedan; 1998 Dodge Stratus
12.14.2010
Nancy L. Butts, Dudley N. Anderson, Richard A. Gray, Marc F. Lovecchio, Joy Reynolds McCoy
Civil:
Petitions of repairmen to involuntarily transfer title of vehicles; unpaid repair bills; repairman's lien; due process; notice and a chance to be heard
(transfer121410e)
(Posted: January 3rd 2011)
Criminal:
Suppression motion; mere encounter becoming an investigatory stop; requesting person to exit a vehicle; reasonable suspicion to stop a vehicle; suspicious activity indicating criminal activity was afoot
(Temple121410L)
(Posted: January 3rd 2011)
Criminal:
Motion to admit certain statements; child victim of sex offenses; out of court statements; Tender Years Act; reliability of the statements
(Hayduk121410L)
(Posted: January 3rd 2011)
Criminal:
Petition for habeas corpus; prima facia case; competency of child's testimony about a cigarette burn; evidence of criminal culpability
(whitney121610L)
(Posted: January 3rd 2011)
Criminal:
Post verdict motions; mistrial due to juror misconduct; juror comments to prosecuting officer; waiver of objections by failure to create a record; sufficiency of evidence of juror bias; sufficiency and weight of evidence
(Mills122010L)
(Posted: January 3rd 2011)
Criminal:
Motion for remand for preliminary hearing; preliminary hearing waived in reliance on plea agreement that was later revoked
(Brown122110L2)
(Posted: January 3rd 2011)
Criminal:
Habeas corpus petition; applicability of statutory presumption of child abuse; waiver of argument; sufficiency of evidence
(Ingram122310L)
(Posted: January 3rd 2011)
Criminal:
Omnibus pre-trial motion; DUI case; probable cause to arrest without field sobriety tests; totality of circumstances
(Cable120710L)
(Posted: January 3rd 2011)
Criminal:
Suppression motion; Miranda rights; student giving a statement in principal's office; freedom to leave; motion to consolidate - motion to sever; lack of prejudice
(Edwards123010L)
(Posted: January 3rd 2011)
Criminal:
Motion to enforce plea agreement; Rule 586 dismissal upon payment of restitution; plea agreement or dispositional agreement; notions of equity and fundamental fairness
(Newman122910L)
(Posted: January 3rd 2011)
Criminal:
Preliminary objections; specificity of complaint in identifying the health care professionals who treated plaintiff; direct claim against corporation; specificity of corporate liability averments; sufficiency of "bare-bones" averments of causation.
(james1222710L)
(Posted: December 27th 2010)
Lycoming Law Association
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Suite 803
Williamsport, PA 17701
