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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Criminal:
Commonwealth appeal; discovery order; disciplinary records of state police trooper; discretion of court; relevance of disciplinary records; similarity of recent case in which the trooper was disciplined; invasion of privacy; breadth of order; materiality of evidence; need for in camera review of disciplinary reports before disclosure
(brister040610bt)
(Posted: April 6th 2010)
Criminal:
Appeal; sufficiency of the evidence; use of threatening language; intent to alarm; inference from words or actions when viewed in light of all attendant circumstances; threatening telephone calls
(beamer040510a)
(Posted: April 6th 2010)
Civil:
Trial on damages in condemnation matter; comparable property; manipulation of figures by experts; unhelpful expert testimony; use of general conclusions based on the evidence
(horner040510a)
(Posted: April 6th 2010)
Support:
Award of dependency exemption for children; modification of child support; income calculation
(Swisher033110m)
(Posted: April 1st 2010)
Criminal:
Appeal; excessiveness of sentence; sexual abuse of children; rehabilitation needs; discretion of the court
(jordan031110br)
(Posted: March 30th 2010)
Criminal:
Motion for writ of habeas corpus; robbery case; inability of witness to testify about the occurrence leading to the charges; lack of identification; use of hearsay evidence as only basis upon which to hold a case for court
(houston031110L)
(Posted: March 30th 2010)
Criminal:
Motion to suppress identification; suggestive photo array; independent basis for an in-court identification; hearing to establish by clear and convincing evidence that the victim did not misidentify the defendant
(purnell031110L)
(Posted: March 30th 2010)
Criminal:
Motion to suppress; coordinate jurisdiction rule; application to actual parties to prior litigation; evidence obtained as a result of an illegal seizure and arrest
(taylor031110L)
(Posted: March 30th 2010)
Administrative Appeal:
License suspension appeal; operation of a vehicle while intoxicated; refusal to have blood tested; parked and running vehicle; operation and control of a vehicle
(Hastings032510g)
(Posted: March 29th 2010)
Criminal:
Motion to consolidate; same series of acts or transactions constituting an offense; suppression motion; reliability of confidential informant; personal knowledge of informant; corroborative information from victim
(Barto032910bt)
(Posted: March 29th 2010)
Criminal:
Appeal; hearsay rule; use at trial of verbatim contemporaneous recording of an oral statement by a co-conspirator that is inconsistent with his testimony
(fudge032310a)
(Posted: March 23rd 2010)
Criminal:
Appeal; denial of motion for mistrial; reference to prior record; lack of prejudice
(mcgraw031910a)
(Posted: March 22nd 2010)
Criminal:
Appeal; abuse of sentencing discretion; improper legal advocacy by probation department; recommendation of sentence by probation department; judge sentenced based on the entire factual record related to defendant's situation
(cajka031810bt)
(Posted: March 19th 2010)
Administrative Appeal:
Appeal; demolition order; proper standard of review; clear and convincing evidence
(Welch031610g)
(Posted: March 17th 2010)
Civil:
Appeal; injunctive relief; dog kennel; balancing of financial investment to right of neighbors to quiet enjoyment of their property under a municipal noise ordinance
(koleno031710a)
(Posted: March 17th 2010)
Support:
Federal child dependency tax exemption award; support calculation; health insurance considerations; reduction in pay of one parent
(Webb031110m)
(Posted: March 15th 2010)
Criminal:
Post conviction hearing act petition; no-merit letter; currently serving a sentence as precondition of filing a petition
(Lyons31110g)
(Posted: March 15th 2010)
Custody:
Petition to relocate child; father's move to New York to live with girlfriend; stability of the relationship; father's contradictory position when mother moved to Florida; failure to cooperate in alternate visitation arrangements; insufficient weight of economic advantage to move
(Kirch030910m)
(Posted: March 12th 2010)
Criminal:
Appeal
(Smith021810br)
(Posted: March 11th 2010)
Criminal:
Appeal
(Richardson021810br)
(Posted: March 11th 2010)
Criminal:
Omnibus motion; habeas corpus motion; preliminary hearing held before common pleas court judge; coordinate jurisdiction rule; severance; motion for disclosure; motion to suppress identification; suggestive photo lineup; photo array computer program
(stinnett022210L)
(Posted: March 11th 2010)
Criminal:
Suppression motion; traffic stop for speeding; drug dog "sniff" of vehicle; search of individuals who exited the vehicle; detention of defendant after he was told he could leave; no additional reasonable suspicion of criminal activity; lack of evidence of driver engaging in illegal activity; habeas corpus motion
(Gilder022310L)
(Posted: March 11th 2010)
Adoption:
Appeal; termination of parental rights; refusal to perform parental responsibilities; lack of parental relationship; lack of interest in the children
(DKRS22610k)
(Posted: March 11th 2010)
Criminal:
Murder case; death of a child; claim of excessive sentence and abuse of discretion; viability of claim of remorse; need to protect the public
(Peterkin031010br)
(Posted: March 11th 2010)
Criminal:
Appeal
(Lee030110bt)
(Posted: March 10th 2010)
Administrative Appeal:
Appeal of refusal to renew liquor license; de novo hearing; citation history; history of fights; lack of pattern of activity by bar that would warrant non-renewal of license; remedial measures taken by the bar
(LCB030110g)
(Posted: March 10th 2010)
Criminal:
Motion in limine; suppression of videotaped statement; Miranda rights; invoking God and the possibility of going to Hell to coerce a statement
(Bricker022610bt)
(Posted: February 28th 2010)
Administrative Appeal:
Appeal from decision of zoning hearing board; enforcement of the municipality's zoning laws; jurisdiction of the board; attempt to enjoin placement of recreational vehicle on a property; lack of violation; abuse of discretion
(Hornberger022210g)
(Posted: February 25th 2010)
Civil:
Mandamus action; enforcement of certain property maintenance code provisions; requiring the codes officer to issue notices of violation and pursue prosecution
(hamilton022510a)
(Posted: February 25th 2010)
Administrative Appeal:
Appeal from decision of township supervisors to deny extension of time to complete conditions of land development plan; standard of review; abuse of discretion; time of the essence; lack of explanation for failure to timely meet conditions
(rbmontoursville022210a)
(Posted: February 22nd 2010)
Civil:
Motion to strike jury demand; timeliness; good cause; out of county counsel; lack of prejudice
(Street021110m)
(Posted: February 17th 2010)
Criminal:
Appeal; sexual abuse of a child; jury trial; sufficiency of the evidence; credibility of the victim; inconsistent verdict
(Riggle021210br)
(Posted: February 16th 2010)
Criminal:
Appeal by the Commonwealth; habeas corpus petition; false identification offense; prerequisite of investigation of violation of the law
(Barnes021210br)
(Posted: February 16th 2010)
Criminal:
Appeal; rape of mentally disabled person; competence of the victim to testify; judicial questioning during the trial; lack of prejudice; fair and accurate depiction of scene in photographs; sufficiency and weight of the evidence; failure to object to admission of evidence
(Guthrie021210br)
(Posted: February 16th 2010)
Criminal:
Non-jury trial verdict; Megan's Law registration requirements; lack of fixed place of habitation; temporary employment in Pennsylvania
(benkoe02121L)
(Posted: February 16th 2010)
Civil:
Appeal; motions for summary judgment; causation; inability to establish how or why vehicle left road; interaction with immunity issues
(Wood021110g)
(Posted: February 12th 2010)
Criminal:
Appeal; denial of post conviction relief act petition; rejection of concurrent plea agreement; subsequent plea; consecutive sentence imposed
(Dimassimo01112010br)
(Posted: February 8th 2010)
Civil:
Petition for special injunctive relief; mortgage contribution; burdensome support obligation; forced sale of marital residence; forcing signature on affidavit of consent
(MAC020110m)
(Posted: February 8th 2010)
Criminal:
Motion to suppress; vehicle stop; excessive window tint; inventory search while vehicle in police custody; probable cause to arrest; drug possession
(Powell020810bt)
(Posted: February 8th 2010)
Criminal:
Motion to admit certain statements and a motion for recorded testimony; child sexual abuse case; expert testimony; severe emotional distress of child; Tender Years Act
(Bodle020810bt)
(Posted: February 8th 2010)
Criminal:
Post conviction relief act petition; ineffective counsel; unlawfully induced guilty plea; no merit letter
(Rummings020210bt)
(Posted: February 4th 2010)
West Branch Mutual Insurance Company vs. Wiegand, 800 Park Place, LLC and Brown
2.3.2010
Dudley N. Anderson
Civil:
Motion for summary judgment; duty of insurance company to provide a defense; exclusion for business activities of insured; possible change of claim in deposition testimony
(westbranch020310a)
(Posted: February 4th 2010)
Criminal:
Post conviction relief act petition; no merit letter; DUI case; unlawful inducement to plead guilty; ineffective counsel; failure to file appeal
(Sechrist020310bt)
(Posted: February 4th 2010)
Criminal:
Post conviction hearing act petition; amended opinion; appeal rights notice
(Illes01112010br)
(Posted: February 2nd 2010)
Civil:
Appeal; preliminary objections for lack of personal jurisdiction; service issue; good faith effort to reinstate and serve complaint
(evans012610a)
(Posted: February 1st 2010)
Divorce:
Exceptions to alimony pendente lite; need to show need for alimony pendente lite on record before obtaining an award; rebuttable presumption; assessing income from corpus of wife's inherited funds
(Robey010810s)
(Posted: January 26th 2010)
Support:
Request by sexual partner for married woman to submit to genetic testing; presumption that child is of marriage; unrebuttable presumption where there is an intact family
(F011310g)
(Posted: January 26th 2010)
Criminal:
Appeal; excessive sentence claim
(smith012210a)
(Posted: January 26th 2010)
Adoption:
Petition for involuntary termination of parental rights; refusal of parents to perform parental duties; consideration of the needs and welfare of the child; strong bond with grandparent who provides for the child
(RE123109g)
(Posted: January 26th 2010)
Maple Street A.M.E Zion Church vs. Williamsport and Williamsport City Council
1.14.2010
Richard A. Gray
Administrative Appeal:
Appeal and cross-appeal; deemed approval of variance; failure of hearing board to render timely decision; preservation of issues; conditions attached to use
(Maple011410g)
(Posted: January 15th 2010)
Criminal:
Post conviction relief act petition; ineffective counsel; failure to file appeal; reinstatement of appeal rights
(Cajka010810bt)
(Posted: January 13th 2010)
Criminal:
Summary appeal; weight restrictions on bridge; calculation of fine; per axle tolerance
(ambo010710a)
(Posted: January 9th 2010)
Adoption:
Appeal
(ew120309br2)
(Posted: January 8th 2010)
Criminal:
Motion to suppress; drug case; search of vehicle in no parking zone; faint smell of marijuana; reasonable suspicion to search person or vehicle; lack of consent; acquiescence to search
(miller120209br)
(Posted: January 5th 2010)
Adoption:
Involuntary termination of parental rights; substance abuse of parent; incarcerated parent; sporadic or no visitation with the children; lack of employment or housing; settled purpose of relinquishing a parental claim or failure to perform parental duties; child without essential parental care or control
(ew120309br)
(Posted: January 5th 2010)
Criminal:
Appeal
(johnson121609br)
(Posted: January 5th 2010)
Criminal:
Post conviction relief act petition; ineffective counsel; character witnesses; possible rebuttal evidence of bad character; failure to call defendant as a witness; voluntary waiver of trial testimony; opening door to cross-examination of defendant; media rights as a conflict of interest
(illes121609br)
(Posted: January 5th 2010)
Criminal:
Appeal; excessive sentence; concurrent sentences; discretion of the court; failure to appear; lack of remorse
(hoyt121809br)
(Posted: January 5th 2010)
Criminal:
Motion to suppress; drug case; consent to search hotel room given by registered guest; search conducted pursuant to a valid arrest
(Moore123009bt)
(Posted: January 5th 2010)
Civil:
Motion for reconsideration of sentence by Commonwealth and defendant; offense gravity score; unreasonable sentence; lack of evidence by Commonwealth at sentencing of the depth of defendant's involvement in drug distribution conspiracy; merger of corrupt organizations and delivery offenses; separate and distinct crimes; eligibility for RRRI
(Crouse123109bt)
(Posted: January 5th 2010)
Criminal:
Motion to suppress; traffic stop; reasonable suspicion to stop vehicle; ordering defendant to return to vehicle; flight from officers; search of person without a warrant; search of residence with consent of owner; lack of coercion or duress
(Mullen123009bt)
(Posted: January 5th 2010)
Criminal:
Motion to suppress; voluntary waiver of Miranda rights; signed waiver forms; vague claim of "promises" made in return for talking to police officer
(Hoffman123009bt)
(Posted: January 3rd 2010)
Criminal:
Petition for writ of habeas corpus; sufficiency of evidence of possession of drugs and a gun; constructive possession; lack of evidence connecting defendant to sole use of area where drugs were located; hindering apprehension by refusing to consent to search of home
(Houston123009bt)
(Posted: January 3rd 2010)
Civil:
Motion for summary judgment; claims of conversion by trustee and violation of duties by failing to preserve a trust asset; genuine issues of fact
(Confair122809g)
(Posted: December 28th 2009)
Criminal:
Appeal; failure to file concise statement of matters complained of on appeal; pro se party; waiver of issues
(Smith122309bt)
(Posted: December 23rd 2009)
Adoption:
Involuntary termination of parental rights; failure to perform parental duties for a period in excess of six months; best interests of the child; father's sincere interest in re-establishing a relationship
(cjd122309a)
(Posted: December 23rd 2009)
Criminal:
Appeal; sex crimes involving a child; availability of child to testify at trial; tender years hearsay exception; reliability of statement; constitutional right of confrontation of witnesses; non-testimonial statements; sufficiency and weight of the evidence; excessive sentence; sexually violent predator
(packer122109k)
(Posted: December 21st 2009)
Civil:
Motion for summary judgment; auto accident case; causation issue; Nanto-Glo rule; reliance on testimony of adverse party
(bergman121809a)
(Posted: December 18th 2009)
Criminal:
Motion to suppress; drug case; body cavity/strip search; search not contemporaneous with arrest; extension of the search incident to_x000d_
arrest; reasonable part of the routine booking procedure; motion for disclosure of other crimes, wrongs, or acts; duty to provide a complete criminal history of defendant and witnesses
(Lee121809bt)
(Posted: December 18th 2009)
Criminal:
Rule 600 motion; excludable time; motion to consolidate; identical offenses charged within several months
(Hykes121509bt2)
(Posted: December 15th 2009)
Criminal:
Motion for habeas corpus; prima facie case; lack of evidence of testimony at preliminary hearing; res judicata and collateral estoppel; previous dismissal for failure to meet a prima facie burden
(Hykes121509bt)
(Posted: December 15th 2009)
Civil:
Declaratory judgment action; bad faith claim; summary judgment motion; insurance policy exclusion for business pursuits; allegations in the complaint triggering insurer's duty to defend; looking outside of the complaint allegations
(Livorno121109a)
(Posted: December 11th 2009)
Administrative Appeal:
Petition for review; house demolition order; request for delay to make repairs; public safety issue
(Welch121009g)
(Posted: December 10th 2009)
Support:
Exceptions to support; calculating income; tax refund
(bb120809a)
(Posted: December 8th 2009)
Civil:
Petition for forfeiture and condemnation; rebuttable presumption that money found in the close vicinity to drugs was proceeds of the sale of drugs; evidence of a gift of cash; arrest for possession of small amount of marijuana for personal use
($1208120409a)
(Posted: December 7th 2009)
Criminal:
Petition for writ of habeas corpus; DUI case; resisting arrest; refusal to comply with officer's requests; kicking police cruiser windows
(Schappell120209bt)
(Posted: December 4th 2009)
Criminal:
Suppression motion; vehicle stop; security sweep; drug case; habeas corpus petition; sufficiency of the evidence
(Taylor120709bt)
(Posted: December 4th 2009)
Civil:
Appeal
(firstnationalbank112209a)
(Posted: December 2nd 2009)
Divorce:
Marital property; wife's joinder in conveyance of marital interest in husband's property resulting in extinguishing the interest in the increase in value; the increase in value of husbands interest in property acquired after the relinquishment is marital property
(ssa122409k)
(Posted: November 24th 2009)
Civil:
Post trial motion; automobile accident case involving intoxication; punitive damages; remitter request
(Wolfe112409g)
(Posted: November 24th 2009)
Civil:
Motion for summary judgment; common law cause of action; causation issue; defense of following contract specifications
(Wood112409g)
(Posted: November 24th 2009)
Criminal:
Suppression motion; vehicle stop; violation of the vehicle code; seizure of cash and a cell phone; probable cause for warrant to search a hotel room; petition for writ of habeas corpus; actions constituting consciousness of guilt
(Williams112409br)
(Posted: November 24th 2009)
Civil:
Preliminary objections; wrongful termination; at-will employee; public policy exception for crime victims
(DiMarco112309g)
(Posted: November 23rd 2009)
Criminal:
Appeal; drug case; trooper answering arrestee's cell phone; need for a search warrant; timeliness of suppression motion filed after jury was picked
(Blagman111809br)
(Posted: November 18th 2009)
Criminal:
Motion to suppress; traffic stop; stop sign violation; consent of power of attorney of owner of vehicle for search of vehicle; reasonable suspicion prior to requesting consent to search; apparent authority to search the vehicle
(Thomas111709br)
(Posted: November 17th 2009)
Criminal:
Appeal; post conviction relief act petition; sentencing issue
(jones111709k)
(Posted: November 17th 2009)
Criminal:
Costs of criminal prosecution; expert fees of expert testifying for the prosecution at a suppression hearing where a statement was suppressed; compensation for period of incarceration that was not used in computation of sentence
(Saiers111009b)
(Posted: November 10th 2009)
Criminal:
Motion to suppress; voluntariness of a statement to police; Miranda warnings; custodial interrogation
(Caldwell111009bt)
(Posted: November 10th 2009)
Criminal:
Motion to suppress; reasonable suspicion to stop vehicle; pat-down of vehicle occupant; odor of marijuana; consent to search vehicle obtained by phone of owner
(Logan110409bt)
(Posted: November 9th 2009)
Civil:
Non-jury trial; injunction request; barking dogs at a kennel; nuisance; violation of zoning ordinance
(koleno110609a)
(Posted: November 9th 2009)
Criminal:
Omnibus pre-trial motion; DUI case; habeas corpus petition; 2 hour blood test rule; sufficiency of evidence as to when the vehicle was driven; good cause exception
(Poust110409bt)
(Posted: November 6th 2009)
Criminal:
Appeal; perjury; admitted false testimony in guilty plea hearing; lying on advice of counsel; defense of ignorance or mistake; negating intent to commit perjury; sentencing issue
(Belle110509br)
(Posted: November 5th 2009)
Civil:
Motions in limine; failure to wear seatbelt; use of computer generated animation; fair and accurate portrayal of accident events; subsequent remedial measures against party that did not make the changes; contractor following PaDOT specifications; motion to compel traffic study; duty to produce expert compensation or other cases
(Wood102909g)
(Posted: November 4th 2009)
Criminal:
Appeal; possession of child pornography; jury selection; denial of challenge for cause; sufficient of the evidence that photos were for the purpose of sexual stimulation; sentencing; sexually violent predator; sentencing discretion
(Bennett10209K)
(Posted: November 3rd 2009)
Divorce:
Contempt petition; marital settlement agreement providing for father's payment of child support; father is custodial parent; proper procedure to compel compliance with agreement; authority of court to enforce custody provisions not merged into the divorce decree
(EH102009K)
(Posted: November 3rd 2009)
Criminal:
Appeal; sentencing issue; ineffective counsel
(Cummings102009K)
(Posted: November 3rd 2009)
Criminal:
Appeal; post conviction relief act petition; same issue addressed in direct appeal
(Messerly101909k)
(Posted: November 3rd 2009)
Criminal:
Suppression motion; reasonable suspicion to approach vehicle; probable cause to seize vehicle; sufficiency of affidavit of probable cause; unattended vehicle with engine running; odor of marijuana; prima facie case
(powell110309br)
(Posted: November 3rd 2009)
Criminal:
Motion to suppress; vehicle stop; probable cause; vehicle search; missing evidence charge relating to missing tape recording of stop
(Thomas100109bt)
(Posted: November 2nd 2009)
Criminal:
Appeal; admissibility of evidence; business record exception to hearsay rule
(Hoyt10022009br)
(Posted: November 2nd 2009)
Lycoming Law Association
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Suite 803
Williamsport, PA 17701
