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:
Sentence reconsideration; weighing and considering all relevant factors in fashioning sentence; impact of incident on victim; failure of defendant to accept responsibility for conduct
(Graham010722bt)
(Posted: January 26th 2022)
Criminal:
Restitution hearing; demand for proof of damages; excessive or speculative award; Commonwealth burden to establish value damaged items
(Frank012522bt)
(Posted: January 26th 2022)
Criminal:
Habeas corpus petition; sufficiency of evidence of possession of drugs; constructive possession; mere association, suspicion, or conjecture; evidence of defendant's residence at home where currency, drugs, bags and sealers, and guns were located; circumstantial evidence of conspiracy; totality of circumstances inferring agreement between defendants; sufficiency of evidence that gun was stolen to establish receiving charge; arrest warrant alone as sufficient justification for police to enter the home to locate and arrest defendant; probable cause or exigency; stale warrant; evidence from search warrant as "fruit of the poisonous tree"
(Tennison012122bt)
(Posted: January 26th 2022)
Criminal:
Habeas corpus petition; prima facie case of possessing a concealed, unlicensed weapon where officer observed weapon being tossed into bushes; constructive possession of weapon; sufficiency of evidence of tampering with evidence where defendant conceals weapon in bushes
(Prieto011922t)
(Posted: January 22nd 2022)
Civil:
Preliminary objections; sufficiency of pleading in credit card case; failure to attach credit card statements showing how claimed amount came to be due including alleged charges
and payments
(Ramos011822t)
(Posted: January 20th 2022)
Civil:
Preliminary objections; striking general, vague, and boilerplate allegations of negligence; failure to allege any improper conduct or describe specific care that should have been provided but was not
(Scipp011822t)
(Posted: January 20th 2022)
Civil:
Preliminary objections; verification by attorney; explicit statement that complaint is for breach of contract; objections resolved by representations at argument
(Funk011822t)
(Posted: January 20th 2022)
Criminal:
Post-sentence motion for reconsideration of sentence; coordinate jurisdiction rule; all arguments previously considered by sentencing judge
(Treese011822t)
(Posted: January 20th 2022)
Criminal:
Post sentence motion; excessive sentence; decision to sentence consecutively for separate and distinct acts of
purposeful and knowing behavior intended to steal elderly victim's assets; sentencing criteria; severity of crimes
(Strouse011122t)
(Posted: January 12th 2022)
Civil:
Motion in limine; evidence of receipt of social security
disability benefits or application for benefits; collateral source rule; evidence of plaintiff's belief of her disability before accident at issue
(Snyder011022Li)
(Posted: January 11th 2022)
Criminal:
Motion in limine; prejudicial effect of video of assault; probative value far outweighing unpleasantness of footage
(Williams010322bt)
(Posted: January 6th 2022)
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(AdoptionofFQM010622m)
(Posted: January 6th 2022)
Criminal:
Habeas corpus petition; sufficiency of evidence of sexual assaults based on testimony of victim
(Guyer122321bt)
(Posted: January 4th 2022)
Criminal:
Omnibus motion based on the prohibition against double jeopardy; applicability of Crimes Code sections 109 & 110; criteria determining when former prosecution bars a subsequent prosecution; occurrences constituting one criminal episode; fundamental unfairness of prosecution after guilty plea on related charges
(Acosta121521t)
(Posted: January 3rd 2022)
Civil:
Preliminary objections; demurrer to claim that lease requires landlord to provide alternate housing after fire destroys apartment; sufficiency of pleading of alleged contractual duty; remedies for breach of implied warranty of habitability; applicability of unfair trade practices and consumer protection law to claimed breach of duties owed by landlord; specificity of negligence claims in landlord/tenant case; gist of the action; viability of punitive damages claim
(washington123021LI)
(Posted: January 3rd 2022)
Civil, Wills and Estates:
Non-jury trial; executor's fiduciary duty; need for an accounting of estate expenses
(Wurster123021Li)
(Posted: January 2nd 2022)
Civil:
Motion for partial summary judgment; sufficiency of expert reports to support claims; negligence per se for neglect of care-dependent person under18 Pa. C.S. § 2713 or for alleged violations of the Older Adults Protective Services Act; evidence that alleged failure to report potential abuse caused injury; proof of a fiduciary relationship; viability of claim against corporate entity for aiding and abetting breach of fiduciary duty; evidence necessary to establish a prima facie claim of corporate liability for failing
to ensure that its policies relating to patient transfers and the use of the lift were followed; establishing injuries caused by claimed understaffing; viability of punitive damage claims; time for attacking punitive damage claim; jury determination of recklessness; motion to remand for arbitration for failure to meet jurisdictional amount
(stetts123021Li)
(Posted: January 2nd 2022)
Criminal:
Motion to dismiss legally insufficient information; sufficiency of factual allegations; precision of alleged dates of crimes where crimes are of a continuing nature over the course of several years; degree to which defendant's own actions contributed to pre-arrest delay; defendant's confession to crimes where victim has not reported crimes; prejudice; delay for further investigation; application of juvenile act to crimes of an adult committed as a child; applicability of juvenile act to sexual assaults committed by child; constitutionality of mandatory minimum prison sentences; suppression motion; voluntariness of confession; totality of circumstances
(Terry122221t)
(Posted: December 29th 2021)
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(AdoptionofTJJ122121m)
(Posted: December 22nd 2021)
Criminal:
Suppression motion; reasonable suspicion for traffic stop; officer's reasonable belief that properly operating factory installed "corner lights" were "fog lights" that were not operating correctly
(Newman122021bt)
(Posted: December 22nd 2021)
Criminal:
Suppression motion; facially invalid search warrant; sufficient evidence to establish probable cause to search for credit card information and electronic devices; probable cause for search where police note powerful smell of raw marijuana and stem of marijuana that was not in prescribed container from a licensed dispensary; habeas corpus petition; prima facie case of possession of firearm; constructive possession; sufficiency of evidence of receipt of stolen property where defendant merely accepted packages delivered by carrier; sufficiency of evidence where only evidence suppressed
(Jones121721bt)
(Posted: December 20th 2021)
Criminal:
Post conviction relief act petition; timeliness; response to court's order with notice of intent to dismiss; newly discovered facts; due diligence
(Mincy121521bt)
(Posted: December 18th 2021)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction
(Hall120921bt)
(Posted: December 18th 2021)
Criminal:
Suppression motion; plain view tour of probationer's home by probation officers; expanded search after finding contraband; reasonable suspicion that an individual possesses contraband or has violated conditions of probation; habeas corpus petition; prima facie showing that defendant was in constructive possession of gun
(Johnson120821bt)
(Posted: December 10th 2021)
Administrative Appeal:
Land use appeal; conditional use permit; reasonable conditions and safeguards; abuse of discretion standard; blanket objections to conditions as not supported by ordinance provisions; condition limiting use to scope of landowner's proposal; record justification for conditions; use approved based on its scope, not its operator; imposition of additional enforcement provisions
(Hartrandft120621t)
(Posted: December 9th 2021)
Civil:
Petition to open or strike default judgment; timeliness of petition; explanation for failure to file answer; meritorious defense; motion for sanctions under Pa.R.C.P. 1023.1(c)(1); attempt to delay without any chance of prevailing on merits
(Hetherington120621t)
(Posted: December 9th 2021)
Civil:
Preliminary objections; landlord tenant appeal; limited liability company's appearance in court without an attorney; jurisdiction to consider claims raised by non-attorneys; specificity of complaint; allowing amendment of complaint upon sustaining preliminary objections
(Wolverine112421Li)
(Posted: December 8th 2021)
Criminal:
Habeas corpus petition; timeliness; prima facie case for drug volitions
(Hanes120121bt)
(Posted: December 7th 2021)
Criminal:
Suppression motion; reasonable suspicion of criminal activity; probable cause for arrest; voluntariness of consent for search ;
(rohland120321t)
(Posted: December 6th 2021)
Criminal:
Post conviction relief act petition; timeliness; proper method to challenge the decisions of the Board or the Department of Corrections calculation of sentence; authority of board to require that entire sentence be served in jail
(smith111221br)
(Posted: December 6th 2021)
Wills and Estates:
Interlocutory appeal; appealability of failure of court to allow an answer to petition
(wengert112321li)
(Posted: December 6th 2021)
Family:
Appeal of denial of motion to withdraw guilty plea; PFA contempt; admitted erroneous legal advice
(ruiz-ayala110221L)
(Posted: December 6th 2021)
Civil:
Partition action; adverse possession; divorce; procedure when defendant asserts a claim of disputed title; factual question of whether parties jointly own the real estate in question and what fractional interest each party holds.
(stuart120321Li)
(Posted: December 6th 2021)
Criminal:
Suppression motion; warrantless entry into residence; exigencies of situation creating compelling need for official action and no time to secure a warrant; summary offense; defendant's conduct escalating situation; search of coat incident to arrest; abandonment; search of vehicle where no probable cause or exigent circumstances existed to support a warrantless search
(Booker112421bt)
(Posted: November 29th 2021)
Civil:
Habeas corpus petition; Commonwealth impeaching its own witness with prior inconsistent statement; witness subject to cross-examination at hearing; admissible hearsay evidence; credibility determination of district justice; duty of district justice to accept substantive evidence submitted by Commonwealth as true
(Brown111621t)
(Posted: November 29th 2021)
Criminal:
Habeas corpus petition; prima facie case for violations of firearms purchase laws
(Sullivan111521bt)
(Posted: November 21st 2021)
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(ES102221t)
(Posted: November 15th 2021)
Wills and Estates:
Petition to admit to probate a photocopy of will,; presumption that original will was revoked or destroyed by testator; two-witness rule; clear and convincing evidence
(capps111021Li)
(Posted: November 11th 2021)
Criminal:
Motion for protective order; relevance of data extracted from victim's cell phone; privacy violation; in camera review
(Medlar110221bt)
(Posted: November 9th 2021)
Criminal:
Post conviction relief act petition; ineffective counsel for advising to plead guilty when he was innocent; waiver of claims; challenges to discretionary aspects of sentencing; acceptance of responsibility that would justify a sentencing reduction; requirements to succeed on alleged ineffectiveness claim relating to failure to call a witness; claims implicating discretionary aspects of sentencing raised in context of ineffective assistance of counsel claim
(Willits102921L)
(Posted: November 7th 2021)
Criminal:
Appeal; rule 600 motion; timeliness of Franks suppression motion filed on eve of trial; burden on defendant to provide allegations of deliberate falsehood or reckless disregard for
truth in affidavit of probable cause; reasonable expectation of privacy in place searched
(Sanders102821L)
(Posted: October 28th 2021)
Criminal:
Post conviction relief act petition; viability of case-stated nonjury trial in criminal case
(Applegate102821L)
(Posted: October 28th 2021)
Criminal:
Post conviction relief act petition; ineffective counsel; failure of defense to file rule 404(b)(3) motion where only the Commonwealth is required to do so; failure to call witness were there is fair probability that testimony would not change outcome of proceedings; reasonable basis for not calling witness; claimed misadvise about plea offer; hindsight regret for decision not to accept plea deal
(Williams102721L)
(Posted: October 27th 2021)
Criminal:
Post conviction relief act petition; knowing, intelligent and voluntary guilty plea; claimed new evidence that was in existence prior to guilty plea
(Baney102721L)
(Posted: October 27th 2021)
Divorce:
Petition for special relief; interpretation of property settlement agreement; claimed mutual mistake; reformation of agreement
(Hartung102721t)
(Posted: October 27th 2021)
Criminal:
Suppression motion; reasonable suspicion to detain defendant; specific and articulable facts and rational inferences from those facts that warrant a belief that individual is involved in criminal activity; probable cause; habeas corpus petition; sufficiency of evidence of attempted escape and disorderly conduct; attempting to drive away from investigative stop
(Costello102621L)
(Posted: October 27th 2021)
Criminal:
Suppression motion; probable cause to make a constitutional
vehicle stop; observation of traffic violations; effectuating vehicle stop within reasonable time after viewing violation; probable cause for arrest where marijuana is observed in plain view
(Outland102221L)
(Posted: October 23rd 2021)
Criminal:
Reconsideration of denial of post-conviction act petition; failure of counsel to predict future developments or changes in law
(Kellam102221L)
(Posted: October 23rd 2021)
Divorce:
Petition for special relief; obligation of spouse living in property to pay mortgage and expenses; agreement for sale of property
(Twigg101521t)
(Posted: October 22nd 2021)
Civil:
Motion for contempt; proper party to suit; persons responsible to abide by order; garbage accumulation; sanction payable to Township
(Lewis101521t)
(Posted: October 22nd 2021)
Criminal:
Suppression motion; probable cause for search warrant to search home; lack of nexus between property searched and criminal activity
(Harris102121L)
(Posted: October 22nd 2021)
Criminal:
Habeas corpus petition; sufficiency of evidence of specific intent to perpetrate a serious bodily injury upon another; firing a gun into the ground to attempt to menace, frighten and/or scare another
(zimmerman102121L)
(Posted: October 22nd 2021)
Criminal:
Habeas corpus petition; prima facie case of theft of telecommunication service; entire case consisting of hearsay evidence; television service bill as business records exception; evidence of consent
(rogers101521L)
(Posted: October 16th 2021)
Wills and Estates:
Request for jury trial of issues raised in objections to estate accounting; substantial dispute of fact
(Logue101421m)
(Posted: October 14th 2021)
Family:
Appeal; contempt of protection from abuse order; credibility of witnesses
(moore101121L)
(Posted: October 14th 2021)
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(AdoptionofAMH101121m)
(Posted: October 11th 2021)
Civil:
Request for emergency relief to prevent property owner from interfering with road construction; size of right-of-way; necessity of removal of trees; claim of title by adverse possession against Commonwealth property
(Hedges100621t)
(Posted: October 9th 2021)
Criminal:
Post-conviction relief act petition; timeliness
(Mincy100521bt)
(Posted: October 9th 2021)
Criminal:
Nominal bail motion pursuant to rule 600; calculation of time of incarceration; suspension of rule 600 due to pandemic
(Cavanaugh100121bt)
(Posted: October 9th 2021)
Criminal:
Suppression motion; voluntariness of confession during police interview; venue change because of prejudicial pretrial publicity; passage of time after news articles
(Morehart100421bt)
(Posted: October 9th 2021)
Civil:
Motion to strike certificate of merit; pro se plaintiff; sufficiency of certificate of merit to establish vicarious liability; need for written statement of doctor to satisfy the certificate of merit requirement to also meet the standards for admissibility for expert testimony at trial
(DODSON100621Li)
(Posted: October 6th 2021)
Criminal:
Suppression motion; probable cause for search warrant to search home; consideration of 4 corners of affidavit of probable cause; examination of totality of facts and not review of each allegation separately
(Draft100521L)
(Posted: October 5th 2021)
Criminal:
Appeal
(Bean100521L)
(Posted: October 5th 2021)
Criminal:
Suppression motion; reasonable suspicion to stop vehicle drifting over the center line of a highway
(Gamon092921bt)
(Posted: October 5th 2021)
Criminal:
Motion to permit Xbox records to be admissible pursuant to evidence rule 803(6); pursuant to Rule 803(6); certification of custodian
(Thompson100121L)
(Posted: October 4th 2021)
Criminal:
Suppression motion; scope of search warrant of cell phone; standing to object to search of another's cell phone; reasonable or legitimate expectation of privacy where phone application created a memorialized record of communication that was beyond the control of sender
(Fulger100421L)
(Posted: October 4th 2021)
Criminal:
Appeal; sentencing discretion; sentence tailored to particular facts and circumstances of case; volume discount for crimes; consideration of nature and circumstances of the offenses, their impact on the victim and the need to protect the
community; weight of defendant's age, lack of prior convictions and prior law-abiding life in sentencing
(Sauter100421L)
(Posted: October 4th 2021)
Criminal:
Post conviction relief act petition; claim of ineffective counsel for failing to advise that defendant could not be convicted of sex crime based solely on testimony of victim; necessity for corroboration of testimony; knowing, intelligent and voluntary guilty plea
(Harris092321L)
(Posted: September 29th 2021)
Divorce:
Petition for enforcement of agreement/petition for contempt; definition of "profit"; intention of the parties when drafting property settlement agreement; ambiguity
(Hallabuk092321t)
(Posted: September 28th 2021)
Criminal:
Suppression motion; vehicle stop for tinted windows; reasonable suspicion after defendant attempted to flee; existence of exigent circumstances; scope of search; exception to prohibition of person not to possess firearm prohibition; investigative detention requiring advising of Miranda rights; issues not appropriately raised in suppression motion
(Patterson-Carpenter092421bt)
(Posted: September 28th 2021)
Criminal:
Rule 907 response to court's notice of intent to dismiss; timeliness of filing; federal applicability of federal habeas corpus petition to Pennsylvania post-conviction timetable; jurisdiction
(Williams092121bt)
(Posted: September 26th 2021)
Criminal:
Suppression motion; protective sweep of residence to check for hidden persons; search of jacket requested by home resident; search incident to a lawful arrest; plain view exception; probable cause for search warrant
(Ceasear092121bt)
(Posted: September 26th 2021)
Administrative Appeal:
Appeal from decision of Office of Open Records; scope of review; use of right to know law to obtain otherwise public documents in a particular format; disclosure of proprietary software and data schema that is protected by licensing agreement; duty of agency to create a record in format in which it does not exist to meet right to know request; duty to respond to request for database where all requested records are publicly available in agency's office and online, at no cost
(bohlin092321L)
(Posted: September 23rd 2021)
Civil:
Preliminary objections; punitive damage claim against employer of driver where employer is alleged to have known of its driver's past driving record, that he was intoxicated on
day of the incident and allowed him to drive anyway; vicarious liability for reckless conduct of an employee without proof that employer's conduct satisfies standard for punitive damages
(James092021t)
(Posted: September 23rd 2021)
Criminal:
Appeal; excessive sentence claim; relevant sentencing factors; appropriateness of consecutive sentences for defendant with extensive record, who showed no inclination to change and who failed all rehabilitation efforts; discretion of court
(Bradshaw092121L)
(Posted: September 22nd 2021)
Civil:
Preliminary objections; specificity of complaint; assignment of rights to recover credit card account balance; link between attached document and defendant's account
(Portfolio091721t)
(Posted: September 21st 2021)
Adoption:
Petition for involuntary termination of parental rights; incarcerated parent; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(IDK091721t)
(Posted: September 20th 2021)
Criminal:
Suppression motion; probable cause for warrantless search of vehicle; inventory search; inevitable discovery of evidence; abandonment of vehicle when fleeing police; probable cause for search warrant of hotel room; review of four corners of affidavit
(Alwan-Johnson090921bt)
(Posted: September 20th 2021)
Wills and Estates:
Non-jury trial; appeal from probate; testamentary capacity; presumption of sound mind; clear, strong, and compelling evidence necessary to prove challenge; validity of guided hand signature; credibility of witnesses; factors to establish prima facie case for undue influence; proof of confidential relationship
(dhue091521L)
(Posted: September 20th 2021)
Civil:
Motion in limine; admissibility of evidence of the negligence of plaintiff's employer; consideration the conduct of non-parties against whom damages cannot be apportioned; duty owed by property owner to employees of independent contractor; peculiar risk; risk created solely by the contractor's collateral negligence; evidence of employer's negligence where evidence is relevant to third party's defenses; interpretation of contractual indemnity clause
(Heivly091721Li)
(Posted: September 20th 2021)
Criminal:
Motion to suppress identification evidence; unreliable and unduly suggestive court identification; clear and convincing evidence; need to establish improper police conduct to suppress identification; weight and credibility of evidence for determination by jury; motion in limine to preclude interview questions referencing previous criminal conduct; prejudicial impact of evidence; motion to admit expert identification testimony where case is dependent upon eyewitness testimony
(Thompson092021L)
(Posted: September 20th 2021)
Criminal:
Post conviction relief act petition; factually incorrect petition of counsel to withdraw; obligations of counsel; thorough review of record for issues justifying pursuit of post-conviction collateral relief by counsel
(logan091721)
(Posted: September 18th 2021)
Civil:
Preliminary objections; breach of insurance contract claim; specificity of damage allegations in complaint; propriety of attaching to complaint estimate of costs associated with damage claim
(Good091621t)
(Posted: September 18th 2021)
Criminal:
Motion to dismiss under rule 600; suspension of rules due to COVID-19 judicial emergency; continuances requested by defendant
(Hill091521t)
(Posted: September 18th 2021)
Criminal:
Motion to admit out-of-court or hearsay statements of child victim under Tender Years Hearsay Act; relevant evidence, that provides sufficient indicia of reliability; consideration of spontaneity of statements, consistency in repetition, mental state of declarant, use of terms unexpected in child, lack of motive to fabricate
(Page091421bt)
(Posted: September 16th 2021)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court;
(Daubert091021bt)
(Posted: September 16th 2021)
Criminal:
Post conviction relief act petition; effectiveness of counsel; arguable merit of claim; challenge to validity of warrant based on false statements and omissions in affidavit; expectation of privacy; presumed prejudice for failure to file appeal
(Sanders091621L)
(Posted: September 16th 2021)
Criminal:
Habeas corpus petition; sufficiency of evidence of actual or
constructive possession of controlled substances; totality of circumstances; intent element of the possession with intent to deliver charge inferred from an examination of surrounding facts and circumstances; suppression motion; probable cause to stop vehicle observed violating vehicle code; probable cause for issuance of search warrant supported by uncorroborated hearsay of unidentified informant, corroborated by subsequent observations and investigations; discovery request of identity of confidential informant; qualified privilege not to disclose identity;
(Simmonds091421L)
(Posted: September 14th 2021)
Criminal:
Bail modification petition; prohibiting attendance of adult high school student at school, where the student is accused of crimes which involve violence and deadly weapons; availability of alternative in-person schooling; school safety considerations
(Cagle091021t)
(Posted: September 13th 2021)
Criminal:
Bail modification petition; prohibiting attendance of adult high school student at school, where the student is accused of crimes which involve violence and deadly weapons; availability of alternative in-person schooling; school safety considerations
(Crawford091021t)
(Posted: September 13th 2021)
Civil:
Emergency petition for preliminary injunction; proof of immediate and irreparable harm; likelihood to succeed on the merits; elements of adverse possession or easement by necessity claims; mere matter of convenience
(Kline090921t)
(Posted: September 9th 2021)
Civil:
Petition for emergency injunction; plaintiff's burden of proof; likelihood to prevail on the merits; evidence that right-of-way has been exceeded by road construction plans
(Hedges090821t)
(Posted: September 9th 2021)
Criminal:
Habeas corpus motion; sufficiency of evidence of firearm or drug possession; constructive possession of items in bedroom; prima facie case; suppression motion; probable cause for search warrant; totality of facts alleged in application
(Hill090321bt)
(Posted: September 9th 2021)
Criminal:
Habeas corpus petition; sufficiency of evidence of aggravated assault by vehicle; satisfaction of serious bodily injury element where foot fractures occurred and surgery was required; suppression motion; custodial interrogation without Miranda warnings; totality of circumstances; propriety of police conduct prior to issuance of warrant for blood; entitlement to information about right to refuse blood draw when blood is drawn for medical reasons
(bower083121L)
(Posted: September 8th 2021)
Criminal:
habeas corpus petition; prima facie case of possession with the intent to manufacture or deliver, a controlled substance; testimony of confidential informant
(White081621bt)
(Posted: September 2nd 2021)
Wills and Estates:
Motion for protective order; objection to attempts to schedule deposition of objector; potential delay of scheduled hearings; duty of court to ensure that matter proceeds without unnecessary delay and that estate is preserved for the beneficiary
(Logue082621m)
(Posted: August 26th 2021)
Civil:
Contempt motion; nature of contempt request where relief requested is "an appropriate fine and sentence"; viability of contempt motion where underlying suit has been dismissed; showing of intent; mere non-compliance
(lycoming081621leete)
(Posted: August 20th 2021)
Criminal:
Suppression motion; coordinate jurisdiction rule
(NSC081721t)
(Posted: August 18th 2021)
Criminal:
Suppression motion; odor of marijuana as sufficient to support issuance of search warrant of vehicle where no medical marijuana card produced by defendant; relevant "other circumstances"
(Thomas081021bt)
(Posted: August 18th 2021)
Needville Little League, Inc. and Tulsa National LL, Inc. vs. Little League Baseball, Inc.
8.17.2021
Eric R. Linhardt
Civil:
Petition for special and preliminary injunction relating to participation in Little League World Series; disqualification due to positive COVID-19 test of coach; limitations on judicial interference into decision of private athletic association; prima facie showing of a fraudulent action, an invasion of property or pecuniary rights, or capricious or arbitrary discrimination; application of six essential prerequisites for preliminary injunction; rational basis for compliance with CDC and Pennsylvania Department of Health guidance, even if harsh result occurs; arbitrary and
capricious implementation of mitigation plan; ability of the court to restore the teams to their status as it existed immediately prior to the alleged wrongful conduct; clear right to relief
(Needville081721Li)
(Posted: August 17th 2021)
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