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:
Appeal; DUI; corpus delecti rule; proof that defendant was the driver; circumstantial evidence
(Campbell100509br)
(Posted: November 2nd 2009)
Criminal:
Appeal; drug delivery and theft conviction; sufficiency and weight of evidence; abuse of discretion by imposing consecutive sentences; separate and distinct offenses; extensive criminal record of defendant
(Ricks100909br)
(Posted: November 2nd 2009)
Criminal:
Petition for writ of habeas corpus; obstruction of the law case; de minimus offense
(Campbell101209br)
(Posted: November 2nd 2009)
Criminal:
Appeal
(Harry101909br)
(Posted: November 2nd 2009)
Criminal:
Omnibus pre-trial motion; capital case; "life means life" instruction; constitutionality of death penalty; constitutionality of "death qualification" of jury; request for separate jury; jury sequestration; jury view
(Patterson103009bt)
(Posted: November 2nd 2009)
Criminal:
Motion for return of property; cash found on defendant's person; credible evidence that the money was from employment
(Crowder103009bt)
(Posted: November 2nd 2009)
Administrative Appeal:
Petition to set aside and vacate judicial tax sale; failure of tax office to accept money to stop sale; written agreement requirement; untimely attempt to pay taxes on day of sale
(Waltman102709g)
(Posted: October 27th 2009)
Maple Street A.M.E Zion Church vs Williamsport and Williamsport City Council
10.16.2009
Richard A. Gray
Administrative Appeal:
Land use appeal; parking requirement for a church; right to continue non-conforming use; variance; deemed approval; preservation of the issue in an appeal
(Maple101609g)
(Posted: October 16th 2009)
Dean Carson Williamsport, LLC vs. Terra Firma Development, LLC and Loyalsock Township
10.9.2009
Richard A. Gray
Civil:
Non-jury trial; prescriptive easement for ingress and egress; continuous and uninterrupted use
(Dean100609g)
(Posted: October 9th 2009)
Civil:
Petition for name change of child; best interests of the child; settled purpose of father to abandon child
(s100909a)
(Posted: October 9th 2009)
Civil:
Motion for summary judgment; breach of contract and declaratory judgment action; exclusion in coverage for intentional act of covered person; intent of resident relative of covered person to kill family by burning house
(horn100209a)
(Posted: October 5th 2009)
Criminal:
Appeal
(McCoy091009br)
(Posted: October 1st 2009)
Criminal:
Post sentence motion; drug case; motion to suppress; probable cause to search; observation of vegetable material in a baggie; Miranda rights; inducement by offering to tell judge of cooperation, made after waiver of Miranda rights; application of the mandatory minimum sentence for gun possession; claimed violation of 2nd Amendment rights; bail pending appeal
(Harry101609br)
(Posted: October 1st 2009)
Criminal:
Appeal
(Reynolds092109br)
(Posted: October 1st 2009)
Criminal:
Appeal; post conviction relief act; ineffective counsel; failure to file direct appeal; abuse of sentencing discretion
(Merrill092509bt)
(Posted: October 1st 2009)
Criminal:
Suppression motion; seizure of vehicle; fresh smell of marijuana smoke; reasonable suspicion to approach vehicle; probable cause for search; sufficiency of affidavit supporting the search warrant
(Patton092809br)
(Posted: October 1st 2009)
Criminal:
Suppression motion; vehicle search without a warrant; scope of protective search; need for inventory search
(Simcox092909br)
(Posted: October 1st 2009)
Criminal:
Motion to suppress; reasonable suspicion of a vehicle code violation; vehicle stop out of jurisdiction; violations observed by pursuing officer
(Kepner092509bt)
(Posted: September 29th 2009)
Civil:
Motion in limine; vehicle accident case; evidence of DUI and blood alcohol in a civil case; evidence of old DUI convictions
(Wolfe092309g)
(Posted: September 29th 2009)
Civil:
Appeal; confessed judgment; meritorious defense; irregular judgment; attempt to make partial payment; instrument defines default as failing to make full payment
(firstnationalbank091809a)
(Posted: September 23rd 2009)
Criminal:
Appeal
(peterson091809a)
(Posted: September 23rd 2009)
Criminal:
Motion for reconsideration of sentence nunc pro tunc; burglary case; credit for housing in "pre-release" status
(artley092209a)
(Posted: September 23rd 2009)
Criminal:
Tender years hearing; abuse case; reliability of statements to third parties; statements carried out under direction of police
(Woodring091409bt)
(Posted: September 16th 2009)
Criminal:
Motion to suppress statement; subject to custodial interrogation; necessity of Miranda warnings; motion in limine; probative value of statements outweighed by danger of unfair prejudice; statements not related to cases at hand
(Bodle091609bt)
(Posted: September 16th 2009)
Criminal:
Motion for habeas corpus, for suppression and to dismiss; attempted murder case; photo array identification; prima facie case; lack of positive identification; search of cell phone on person of arrestee; suggestiveness of photo array; cognate offenses added to information after dismissal
(Gayman091409bt)
(Posted: September 14th 2009)
Civil:
Preliminary objections; bad faith; specificity of facts to support unfair trade practices claim; need to plead fraud; catch-all provision of unfair trade practices statute
(troxler082109g)
(Posted: September 10th 2009)
Criminal:
Non-jury trial; solicitation to commit aggravated assault and drug offenses; soliciting person to lace former husband's coffee with cocaine
(Reiman090409bt)
(Posted: September 9th 2009)
Caldwell vs. Branton, Williamsport Hospital, Susquehanna Health System, Susquehanna Physician Services & Susquehanna Regional Healthcare Alliance
9.4.2009
Dudley N. Anderson
Civil:
Motion to compel witness doctor to testify about whether his consultation report was incorrect based on later obtained information; matter for expert opinion and not fact evidence
(caldwell090409a)
(Posted: September 8th 2009)
Civil:
Motion for summary judgment; statute of limitations; expired writ; service after statute ran; actual notice of the filing of the writ; intent to stall process
(clark083109a)
(Posted: September 4th 2009)
Criminal:
Appeal; sufficiency of the evidence of theft; claim of excessive sentence
(Jennings080309br)
(Posted: August 31st 2009)
Loyalsock Township School District vs. Loyalsock Custodial Maintenance Secretarial and Aide Assn.
8.3.2009
Kenneth D. Brown
Civil:
Appeal
(Loyalsock080309br)
(Posted: August 31st 2009)
Criminal:
Appeal
(Ungard082609br)
(Posted: August 31st 2009)
Civil:
License suspension appeal; refusal to consent to testing; request to reread the warning; refusal to clarify which part of the warning was not understood
(stover082709br)
(Posted: August 31st 2009)
Divorce:
Motion for reconsideration; allowing withdrawal of affidavit of consent; possible reconciliation
(RHS082609k)
(Posted: August 31st 2009)
Criminal:
Post conviction relief act petition; timeliness; waiver by earlier withdrawal
(Lee083109br)
(Posted: August 31st 2009)
Criminal:
Defendant's post conviction relief act petition; timeliness
(Smith083109br)
(Posted: August 31st 2009)
Criminal:
Appeal; DUI case; officer narrates video during trial in violation of court instructions; lack of prejudice
(huff082409a)
(Posted: August 26th 2009)
Criminal:
Appeal; failure to file rule 1925 statement; remand
(Williams071409bt)
(Posted: August 4th 2009)
Criminal:
Post sentence motions; drug case; motion for mistrial; prejudice affecting the outcome of the trial; comment about defendant's incarceration; motion for acquittal; chain of custody of drugs; excessive sentence
(peterson073009a)
(Posted: August 3rd 2009)
Divorce:
Divorce case; motion to allow withdrawal of affidavit of consent; equitable authority of the court; change of mind; lack of understanding of economic consequences as a factor; desire for reconciliation; lack of detriment to other party; enforceability of agreement to enter indignities divorce; public policy against collusion
(Stoner071509k)
(Posted: July 31st 2009)
Criminal:
Appeal
(Bricker062909br)
(Posted: July 30th 2009)
Dean Carson Williamsport, LLC vs. Terra Firma Development, LLC and Loyalsock Township
7.16.2009
Richard A. Gray
Civil:
Motion for summary judgment; easement issue; express grant; prescriptive rights; factual issues
(carson071609g)
(Posted: July 30th 2009)
Criminal:
Appeal; sufficiency of the evidence; reasonableness of aggregate sentence
(Cassidy070609bt)
(Posted: July 20th 2009)
Criminal:
Omnibus pretrial motion; murder case; interrogation; writ of habeas corpus; prima facie case; conspiracy involving incarcerated defendant; written waiver of Miranda rights; claim of coercion; need for warrant to obtain records of prisoner calls; inherently unreliable evidence; suggestive identification of defendant
(Patterson071609bt)
(Posted: July 20th 2009)
Criminal:
Appeal
(Neal072009bt)
(Posted: July 20th 2009)
Criminal:
Post sentence motion; sufficiency and weight of the evidence; drug case; vehicle search; evidence of intent to deliver
(Neal070109bt)
(Posted: July 14th 2009)
Criminal:
Petition for relief under the post conviction relief act; ineffective assistance of counsel; reinstatement of appellate rights nunc pro tunc
(Merrill071409bt)
(Posted: July 14th 2009)
Criminal:
Appeal; evidence the defendant is a sexually violent predator
(Kress071409bt)
(Posted: July 14th 2009)
Criminal:
Appeal; excessive sentence; voluntariness of the guilty plea; guilty plea colloquy
(Sander071409bt)
(Posted: July 14th 2009)
Criminal:
Appeal
(Harry070609bt)
(Posted: July 8th 2009)
Adoption:
Appeal; termination of parental rights; failure to provide care for children; medical problems of parent; sexual offender; incarceration
(KJTJTJLB060909k)
(Posted: July 6th 2009)
Walker and AME Zion Church vs. Williamsport and City Council of Williamsport
6.29.2009
Dudley N. Anderson
Administrative Appeal:
Appeal
(walker062909a)
(Posted: June 30th 2009)
Civil:
Preliminary objections; implied deed requirement to join homeowner's association; applicability of constitutional right of association; awardability of costs_x000d_
(hart062909a)
(Posted: June 30th 2009)
Criminal:
Appeal
(Williams052709br)
(Posted: June 29th 2009)
Criminal:
Appeal
(Smith052709br)
(Posted: June 29th 2009)
Criminal:
Appeal; sentencing issue; court discretion; multiple offenses involving burglary and theft; concurrent terms
(Molino060109br)
(Posted: June 29th 2009)
Criminal:
Petition for writ of habeas corpus; sufficiency of the evidence in assault case
(Manley060109br)
(Posted: June 29th 2009)
Criminal:
Post sentence motion; forgery cases; continuance issue; delay tactic; failure of prosecution to provide criminal records of witnesses; hearsay evidence; sufficiency of the evidence; sentencing consecutive terms; individual criminal acts
(Hoyt060109br)
(Posted: June 29th 2009)
Criminal:
Petition to strike Megan's Law requirement; lack of predicate offense; timeliness of request
(Wilson060409br)
(Posted: June 29th 2009)
Criminal:
Post sentence motion; sufficiency and weight of the evidence; theft; failure to return a vehicle to a dealer; intent; credibility issues; excessive sentence
(McCoy060809br)
(Posted: June 29th 2009)
Criminal:
Appeal
(Harrold061509bt)
(Posted: June 29th 2009)
Criminal:
Post sentence motion; sufficiency and weight of the evidence; criminal trespass
(Brown061509br)
(Posted: June 29th 2009)
Criminal:
Appeal; motion for expungement; failure to comply with the requirements of the expungement statute; not free of arrest of prosecution for five years
(Baney062209bt)
(Posted: June 27th 2009)
Loyalsock Township School District vs. Loyalsock Custodial Maintenance Secretarial and Aide Assn.
6.19.2009
Kenneth D. Brown
Civil:
Appeal; opinion on remand; termination of employee for drug use; arbitrability of just cause requirement; decision rationally derived from the collective bargaining agreement; public policy violation; use of drugs after work hours
(Loyalsock061909br)
(Posted: June 20th 2009)
Criminal:
Appeal; sentencing issue; discretion of the court; consideration of mitigating factors; gun enhancement
(Andrews061809bt)
(Posted: June 19th 2009)
Criminal:
Appeal; conviction of driving while suspended for testing refusal; proper notice; presumption of mailing; evidence of periodic destruction of mailbox
(Hill041809k)
(Posted: June 9th 2009)
Criminal:
Appeal; summary conviction; sufficiency of the evidence; failure to produce video; credibility of the officer's testimony; failure to stop at a stop sign; weight of evidence
(Pinkett052009k)
(Posted: June 9th 2009)
Criminal:
Appeal; DUI; sufficiency of the evidence that defendant drove the vehicle
(waldman052109k)
(Posted: June 9th 2009)
Criminal:
Appeal
(Alexander052109k)
(Posted: June 9th 2009)
Criminal:
Supplemental opinion on appeal; reasonable suspicion to make vehicle stop; credibility of the trooper's testimony
(dincher060209a)
(Posted: June 5th 2009)
Criminal:
Appeal
(Rupert060509bt)
(Posted: June 5th 2009)
Criminal:
Appeal; failure to specifically allege error in appeal
(Hines060509bt)
(Posted: June 5th 2009)
Criminal:
Post conviction relief act petition; ineffective counsel; guilty plea unlawfully induced; guilty plea colloquy; appeal of discretionary aspect of the sentence; bald claim of excessiveness
(Cook050409bt)
(Posted: June 1st 2009)
Wills and Estates:
Attorney fee petition; guardianship issue; failure of responsible parties to apply for medical assistance for incapacitated person, so that skilled nursing care fees could be paid; transfer of assets without receiving fair market value; contractual agreement to pay legal fees required to secure payment
(Jones042309bt)
(Posted: June 1st 2009)
Criminal:
Motion to compel documentation related to escrow fund; discovery in PCRA case; evidence related to calling a witness at trial
(Illes033009br)
(Posted: May 26th 2009)
Criminal:
Appeal; DUI; multiple offenses; abuse of discretion in not following plea agreement; mandatory minimum sentences in excess of plea agreement; ability of defendant to force the court to impose an illegal sentence, based on plea agreement
(HEDGES050609br)
(Posted: May 26th 2009)
Criminal:
Pre-trial motion; drug case; notice issue under rule 404(b)(3); sufficiency on notice of evidence; prejudice; unfair surprise; evidence of prior sales of drugs; probative value; limitation of testimony; cautionary instruction
(Blagman051809br)
(Posted: May 26th 2009)
Criminal:
Suppression motion; illegal vehicle search; fruit of the poisonous tree; subsequent investigation; consent to search
(Karaisz052109br)
(Posted: May 26th 2009)
Criminal:
Commonwealth motion to reconsider suppression; illegal vehicle stop; fruit of the poisonous tree; subsequent investigation; consent to search
(Enos052109br)
(Posted: May 26th 2009)
Civil:
Motion for partial judgment on the pleadings; claims for rent, ejectment, unjust enrichment and quantum meruit; oral agreement for sale of property; constructive trust; statute of frauds
(koch052209a)
(Posted: May 26th 2009)
Hutchinson Realty Development, L.L.C. and Old Lycoming Township vs. Old Lycoming Township Zoning Hearing Board and Old Lycoming Township
4.27.2009
Richard A. Gray
Administrative Appeal:
Zoning appeal; request for hearing of additional evidence; discretion of court; availability of evidence at original zoning hearing
(Hutchinson042709g)
(Posted: May 18th 2009)
Civil:
Motion for summary judgment; ERISA; subrogation claim; motorcycle case; proof of subrogable interest; applicability of the Motor Vehicle Financial Responsibility Act;
(aloisio050709a)
(Posted: May 9th 2009)
Criminal:
Appeal; post conviction relief act; discretion of the court; ineffective counsel; trial strategy guided by defendant
(watkins050609k)
(Posted: May 8th 2009)
Criminal:
Motion for new trial; voluntariness of the confession; after-discovered evidence of conflicting statements by accuser; attacking the credibility of a witness
(Reynolds040609br)
(Posted: May 6th 2009)
Criminal:
Appeal; identity theft; weight and sufficiency of the evidence; sentencing discretion
(Shoemaker041309br)
(Posted: May 6th 2009)
Criminal:
Appeal; drug case; weight of the evidence; excessive sentence; sentencing discretion
(Jenkins042009br)
(Posted: May 6th 2009)
Criminal:
Motion to suppress; vehicle stop; squealing tires
(Dimassimo042309br)
(Posted: May 6th 2009)
Civil:
Motions for summary judgment; breach of commercial lease; breach of purchase agreement; impossibility of specific performance
(joachim050109a)
(Posted: May 6th 2009)
Criminal:
Appeal; post conviction relief act petition; weight of evidence; overwhelming evidence of guilt; trial tactics
(watkins041509k)
(Posted: May 1st 2009)
Criminal:
Post sentence motion; sufficiency of the evidence; failure to reside at address registered under Megan's Law; challenge to discretionary aspect of the sentence; aggravated range
(Rupert041709bt)
(Posted: April 29th 2009)
Criminal:
Appeal; sentencing discretion; substantial question of appropriateness of sentence; plea agreement
(Mullen042709bt)
(Posted: April 29th 2009)
Criminal:
Suppression motion; DUI stop; reasonable suspicion that vehicle code violation was committed
(Ingram042109bt)
(Posted: April 23rd 2009)
Walker and AME Zion Church vs. Williamsport and City Council of Williamsport
4.21.2009
Dudley N. Anderson
Administrative Appeal:
Appeal from denial of conditional use application for church, youth ministry and after school children's program; abuse of discretion standard; mere speculation of possible harm to the public
(walker042109a)
(Posted: April 23rd 2009)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: April 16th 2009)
Criminal:
Appeal
(turner041409bt)
(Posted: April 16th 2009)
Criminal:
Appeal; appealable order
(fisher031809k)
(Posted: April 15th 2009)
Criminal:
Appeal; sentencing issues; timeliness
(bradley030609s)
(Posted: April 15th 2009)
Civil:
Preliminary objections; dog shooting; value of personal property; claim for intentional and negligent infliction of emotional distress; punitive damages
(calafut040809a)
(Posted: April 15th 2009)
Criminal:
Post conviction relief act petition; consideration for inpatient drug treatment; habeas corpus rights
(Dennis041409bt)
(Posted: April 15th 2009)
Civil:
Landlord and tenant case; request for judgment of possession; repayment agreement; contract of adhesion
(breil040709a)
(Posted: April 13th 2009)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
