Bastardo vs. Alcina
5.3.2024
Ryan C. Gardner
Civil:
Petition to allow alternative service on father in Panama, after mother and child immigrate to Lycoming County; compliance with the Rules of Civil Procedure for service outside the Commonwealth
(bastardo062824Ga)
(Posted: July 3rd 2024)
MWT Adoption
6.28.2024
Ryan C. Gardner
Adoption:
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; duty of parent to show interest in the child and a genuine effort to maintain communication and association with the child; existence of bond
(mwt062824G)
(Posted: July 3rd 2024)
Rocky vs. Stearns
7.2.2024
William P. Carlucci
Civil:
Motion in limine; lay witness testimony on causation of collapse of porch railing; testimony based on sufficient personal experience or specialized knowledge of the witness
(Rocky070224C)
(Posted: July 3rd 2024)
In the Interest of J.W.
6.25.2024
Ryan M. Tira
Criminal:
Suppression motion in juvenile matter; search of backpack handed off to another person; standing to object to search of abandoned property
(InreJW062524t)
(Posted: June 30th 2024)
Criminal:
Motion to dismiss; specificity of criminal information; request for bill of particulars as potential remedy; excessive and prejudicial delay between incident and arrest; prosecution after 25 years with no new evidence and no ongoing investigation; habeas corpus petition addressing the specificity of the details of the criminal conduct; sufficiency of evidence of kissing minor on lips to establish prima facie case of indecent assault; motion to preclude reference to "victim" at time of trial; discovery of Children & Youth records; in camera review
(Garison062524t)
(Posted: June 30th 2024)
Criminal:
Suppression motion; custodial detention requiring Miranda warnings; reasonable suspicion to justify K9 search of vehicle where defendant was stopped for alleged traffic violations and there was no evidence of criminal activity related to drugs
(Eigenbrod062524Bt)
(Posted: June 30th 2024)
Commonwealth vs. Cooper
6.26.2024
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie evidence of delivery of a controlled substance; need for proof that defendant knew that a pill given to another contained fentanyl, where there was no evidence surrounding the circumstances of delivery
(Cooper062624bt)
(Posted: June 30th 2024)
Commonwealth vs. Carter
6.26.2024
Nancy L. Butts
Criminal:
Suppression motion; necessity to obtain consent for taped conversations between police officer and confidential informant, under the Wiretap Act; strict construction; reasonable expectation of privacy in common area outside of home; specificity of description of property to be searched in search warrant
(Carter062624bt)
(Posted: June 30th 2024)
Stackhouse vs. Gough
6.28.2024
William P. Carlucci
Civil:
Motion in limine; testimony of fact witnesses in the case in chief regarding their favorable opinion of other work performed by defendants; inadmissible character evidence; premature effort to bolster their own credibility
(Stackhouse062824C)
(Posted: June 30th 2024)
Administrative Appeal:
Firearms license revocation appeal; revocation of license for "good cause" under 18 Pa. C.S. § 6109(e)(1) where appellant was subject to warrants and arrests; right to bear arms guaranteed under the Second Amendment to the Constitution; generalized concerns about public safety where warrants related to traffic or summary violations and not crimes of violence
(williams061724Li)
(Posted: June 25th 2024)
Civil:
Summary judgment motion; genuine issues of material fact as to the duty of a party; acts constituting assumption of a duty
(Miller061824C)
(Posted: June 25th 2024)
Civil:
Preliminary objections; sufficiency of allegations to support punitive damages demand in nursing home malpractice case; lack of factual allegations supporting alleged statutory violations or violations of other listed duties; liability of a corporate employee for his own torts even if acting in the course of his employment; pleading increasing revenue as motivation and fraudulent documentation, without factual basis as "scandalous or impertinent matter"
(O'Shea062424C)
(Posted: June 25th 2024)
Commonwealth vs. Easter
6.14.2024
Nancy L. Butts
Criminal:
Suppression motion; probable cause for issuance of search warrant; totality of circumstances and reasonable inferences which can be drawn therefrom viewed in a common-sense manner; stale information; credibility or reliability of confidential informant where conversations recorded
(Easter061424bt)
(Posted: June 25th 2024)
Commonwealth vs. Boone
6.20.2024
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Boone062024bt)
(Posted: June 25th 2024)
Commonwealth vs. Benson
6.11.2024
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence of escape where defendant refused order to stop after being told that he was not free to leave, so that he could be arrested on a loitering charge; prima facie case of evading arrest or detention on foot where defendant flees on motorized scooter
(Benson061124bt)
(Posted: June 13th 2024)
Commonwealth vs. Freed
6.7.2024
Nancy L. Butts
Criminal:
Motion in limine; admissibility of victim's criminal charges to prove bias or expectation of leniency for witness's testimony for the Commonwealth; relevance of details of specific crimes charged and prejudice related to the nature of the crimes; admissibility of jail communications including evidence of truthfulness in conversations or regarding sexual promiscuity or regarding interaction with defendant; evidence used for impeachment; relevance of evidence of furnishing alcohol where those charges were dismissed; evidence that confuses charges and is prejudicial
(Freed060724bt)
(Posted: June 12th 2024)
Commonwealth vs. Sabur
6.6.2024
Nancy L. Butts
Criminal:
Appeal of denial of post conviction relief act petition; jurisdiction of the court; timeliness of petition
(Sabur060624bt)
(Posted: June 12th 2024)
Criminal:
Motion to dismiss for violation of rule 600; calculation of excludable time
(Creighton043024bt)
(Posted: June 5th 2024)
Commonwealth vs. Ruhl
4.30.2024
Ryan M. Tira
Criminal:
Competency determination of rape defendant; conflicting testimony of experts on whether defendant has the requisite capacity to understand the factual nature of his criminal proceedings and his ability to assist in his defense; burden of proof
(Rulh043024t)
(Posted: June 5th 2024)
Criminal:
Defendant's motion to enforce plea agreement; cooperation with prosecution of co-defendant in return for "a plea agreement which would consider all the help and cooperation defendant was providing", authority of court to direct district attorney to negotiate in good faith; no meeting of minds on terms of agreement
(Strayer060324t)
(Posted: June 5th 2024)
Criminal:
Habeas corpus petition; prima facie case of robbery and kidnapping where victim is forced by defendant to travel with him to an ATM to withdraw money to which defendant was not entitled
(Nicholas060424bt)
(Posted: June 5th 2024)
Commonwealth vs. Edwards
6.4.2024
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of circumstantial evidence to prove drug delivery resulting in death; suppression motion; probable cause for warrant to search cell phone based on evidence that phones were involved in commission of a crime
(edwards060424bt)
(Posted: June 5th 2024)
Commonwealth vs. Salazar
5.21.2024
Eric R. Linhardt
Criminal:
Post sentence motion; admissibility of prior bad acts evidence including voicemails that show motive, intent and hostility toward victim and became part of the history of the case and form part of the natural development of facts; sufficiency of evidence of risking a catastrophe where defendant crashes a vehicle into an occupied museum entranceway on a busy weekend; crashing a vehicle through the front doors of a museum constitutes criminal trespass; threatening statements made by defendant upon crashing the vehicle into the lobby of a museum sufficiently prove elements of terroristic threats; weight of the evidence; convictions not to shock one's sense of justice; sentencing discretion; consideration of untreated alcohol problem along with other factors in sentencing
(salazar052124Li.pdf)
(Posted: June 5th 2024)
AS Adoption
5.24.2024
Ryan M. Tira
Adoption:
Agency petition for involuntary termination of parental rights; settled purpose to relinquish parental claim; parent failing to perform parental duties for at least six months; parental incapacity that cannot be remedied; minimal or no compliance with the permanency plan; existence of bond between child and parent that is worth saving
(AdoptionAS052424t)
(Posted: June 4th 2024)
KR Adoption
5.24.2024
Ryan M. Tira
Adoption:
Agency petition for involuntary termination of parental rights; settled purpose to relinquish parental claim; parent failing to perform parental duties for at least six months; parental incapacity that cannot be remedied; minimal or no compliance with the permanency plan; existence of bond between child and parent that is worth saving
(AdoptionKR052424t)
(Posted: June 4th 2024)
Civil:
Sanctions motion related to prejudicial questioning of witness, that resulted in a mistrial of an ongoing civil trial; claimed vexatious and obdurate conduct; no finding of intentional or bad faith conduct
(denny053024Li)
(Posted: June 3rd 2024)
Administrative Appeal:
Land use appeal; standard and scope of review; legality of conditions imposed on grant of permit; off-site transportation or road improvements; conditions that fail to be supported by substantial evidence in the record
(Montgomery060324C)
(Posted: June 3rd 2024)
Nottingham vs. Lycoming County
5.31.2024
William P. Carlucci
Administrative Appeal:
Appeal from determination of the Pennsylvania Office of Open Records; duty of district attorney to produce criminal investigation material or to perform legal research under The Right to Know Law
(Nottingham053124C.pdf)
(Posted: June 3rd 2024)
Commonwealth vs. Watts
5.17.2024
Nancy L. Butts
Criminal:
Habeas corpus petition; evidence that defendant fired 5 rounds into an occupied car as establishing prima facie case of attempted homicide, aggravated assault, simple assault, reckless endangerment and related charges; probable cause for search warrants of home and Snapchat account, established in the affidavit of probable cause
(watts051724bt)
(Posted: May 23rd 2024)
Civil:
Motion for disqualification, recusal and to vacate; basis for disqualification under Code of Judicial Conduct; legal for factual basis for recusal; appearance of impropriety; reconsideration of previously issued order
(Woodlands051524C)
(Posted: May 15th 2024)
Volmer vs. Zeitler
5.15.2024
William P. Carlucci
Civil:
Preliminary objections; improper use of the word "illegal" in a complaint; references in complaint to defendant's consumption of alcohol; amending complaint to assert facts that support allegations of reckless conduct, violations of state law and a demand for punitive damages
(Vollmer051524C)
(Posted: May 15th 2024)
Commonwealth vs. Jones
5.14.2024
Nancy L. Butts
Criminal:
Post conviction relief act petition; voluntary, knowing, and intelligent guilty plea; ineffectiveness of counsel for failing to enforce plea agreement allegedly between defendant and victim; failure of proof
(Jones051424bt.pdf)
(Posted: May 15th 2024)
Civil:
Preliminary objections; specificity of complaint; amendment to state facts that support the claim
(Staib051524C.pdf)
(Posted: May 15th 2024)
Criminal:
Suppression motion; detention on a warrant allowing search incident to arrest; habeas corpus petition; prima facie case of possession with intent to deliver drugs where defendant possessed a large quantity of drugs and scale
(drummond051024t)
(Posted: May 13th 2024)
Criminal:
Suppression motion; sufficiency of search warrant to establish probable cause; observation of marijuana plants in garden; waiver of arguments not raised in motion; reasonableness of waiting 8 days after observing marijuana plants to apply for warrant
(snyder050724t)
(Posted: May 10th 2024)
Criminal:
Appeal; exclusion of potentially exculpatory evidence; relevancy of evidence of accusations of sexual abuse by victim's father, who is not a defendant in the present prosecution; admissibility of bail release officer's testimony concerning efforts to avoid trial and hide whereabouts; sentencing discretion; sentencing factors for consideration; sufficiency of evidence of involuntary deviate sexual intercourse
(mcdaniel050724t)
(Posted: May 10th 2024)
Flick vs. Flick
5.6.2024
William P. Carlucci
Civil:
Petition to enforce settlement; applicability of ordinary contract principals; agreement to transfer property where partnership agreement prohibits transfer
(Flick050624C)
(Posted: May 7th 2024)
Commonwealth vs. Sandy
5.2.2024
Nancy L. Butts
Criminal:
Appeal; sentencing discretion; allegation of excessiveness due to imposition of consecutive sentences; consideration of age and health factors in imposing sentence; deterrent effect of sentence; imposition of illegal condition of parole restricting contact with children born of criminal relationship; condition to be viewed as recommendation to parole board
(sandy050224bt)
(Posted: May 5th 2024)
Commonwealth vs. Strouse
4.15.2024
Nancy L. Butts
Criminal:
Commonwealth appeal of grant of post conviction relief act petition; lack of notice of defendant of mandatory minimum sentence
(Strouse041524bt)
(Posted: April 30th 2024)
Criminal:
Appeal; police testimony about signs of deception in police interview usurping the function of the jury; sufficiency of evidence to establish distribution of child pornography where defendant sent the images to himself; proof that defendant kept images for purpose of distributing the images; police testimony along with common experience of recognizing signs of puberty providing sufficient evidence for enhancement of offense; harmless error where jury allowed to determine if images depicted indecent contact; sentencing discretion; merger of counts for sentencing; calculation of prior record score
(Fraunfelter040824t)
(Posted: April 30th 2024)
Criminal:
Suppression motion; probable cause for search warrant, based on information from confidential informant; reasonableness of search; claimed violation of "knock and announce rule" for not waiting more than 10 seconds before entering home; totality of circumstances; return of seized money associated with drug sales
(Langley042324t)
(Posted: April 30th 2024)
ID Adoption
3.27.2024
Ryan M. Tira
Adoption:
Agency petition for involuntary termination of parental rights; settled purpose to relinquish parental claim; parent failing to perform parental duties for at least six months; parental incapacity that cannot be remedied; moderate compliance with the permanency plan; difficulty
maintaining stable employment and housing; unresolved mental health and anger issues; existence of bond between child and parent that is worth saving
(AdoptionID032824t)
(Posted: April 6th 2024)
JG Adoption
3.27.2024
Ryan M. Tira
Adoption:
Agency petition for involuntary termination of parental rights; settled purpose to relinquish parental claim; parent failing to perform parental duties for at least six months; inability to care for child due to drug use, incarceration and lack of housing; minimal compliance with the permanency plan; existence of bond between child and parent; failure of mother to take steps necessary to accomplish reunification within a reasonable amount of time
(AdoptionJG032724t)
(Posted: April 6th 2024)
Commonwealth vs. Poust
4.3.2024
Ryan M. Tira
Criminal:
Appeal; sentencing discretion; unduly harsh sentence; sentencing considerations; waiver of issues by failure to request transcripts
(Poust040324t)
(Posted: April 6th 2024)
Criminal:
Appeal of constitutionality of the wiretap law, after pleading nolo contendere to charges; failure to file pre-trial motions; waiver of issues
(Bradley040324t)
(Posted: April 6th 2024)
Criminal:
Post conviction relief act petition; voluntary, knowing, and intelligent guilty plea; comprehensive guilty plea colloquy; prejudice due to failure of attorney to notify court of investigation cooperation, where there is a negotiated plea agreement
(Barkholz040424bt)
(Posted: April 6th 2024)
Commonwealth vs. Ellman
3.27.2024
Nancy L. Butts
Criminal:
Appeal; sufficiency of evidence to support conviction for possession with intent to deliver; police officer testimony establishing that the volume of drugs was consistent with intending to deliver
(Ellman032724bt)
(Posted: March 30th 2024)
Administrative Appeal:
Land use appeal; Statutory time limit for appeal board written decision; determination of when record of proceeding closed; deemed approval for failure to meet decision deadline
(Bollinger032724C)
(Posted: March 27th 2024)
Lundy vs. Lundy
3.26.2024
William P. Carlucci
Civil:
Motion to compel deposition; communications subject to attorney client privilege; authority of attorney to waive privilege; privilege applying to email confirming terms of property settlement agreement
(Lundy032624C)
(Posted: March 26th 2024)
Commonwealth vs. Robinson
3.25.2024
Nancy L. Butts
Criminal:
Appeal by Commonwealth of denial of motion to consolidate charges; discretion of court; timeliness; lack of prejudice as justification for violation of time limit; compulsory joinder of claims; failure of party to brief or argue issue; waiver
(Robinson032524bt)
(Posted: March 25th 2024)
Civil:
Motion to stay arbitration; applicability of Revised Statutory Arbitration Act; enforceability of arbitration agreement; law favoring arbitration; unconscionable agreement; addressing concerns of bias in arbitrator selection process
(Griffin032524C)
(Posted: March 25th 2024)
Criminal:
Appeal of denial of untimely post conviction relief act petition; jurisdiction of the court
(Nottingham030124bt2)
(Posted: March 22nd 2024)
Criminal:
Appeal;timeliness of post conviction relief act petition; jurisdiction of court
(Nottingham030124bt1)
(Posted: March 22nd 2024)
Commonwealth vs. Frierson
3.18.2024
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective assistance of counsel which so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place; presumption that counsel has rendered effective assistance; counsel's strategy and tactics; harmless error where counsel fails to cross-examine witness about issues already raised in direct examination; prejudice resulting in different verdict; reasonable basis for trial strategy; claim of Brady violation for failure to disclose potential favorable treatment of criminal charges against witness, offered after trial; necessity of corrupt source jury charge where other parts of the charge covered the issue; failure to investigate missing witness, where PCRA counsel was unable to find witness and trial counsel used the missing witness to defendant's advantage; issue concerning racial composition of jury, where no specific issues are delineated; failure to delineate how failure to call ballistics expert would have helped defendant; challenge to affidavit of probable cause where no specific allegations of falsehood or reckless disregard for truth are alleged
(Frierson031824bt)
(Posted: March 20th 2024)
Morgan vs. Compton
3.20.2024
William P. Carlucci
Civil:
Petition to open default judgment; complaint served out of state by ordinary mail when certified mail was unclaimed; sufficiency of service to establish personal jurisdiction of the court; promptly served petition; meritorious defense; equitable considerations
(morgan20240320)
(Posted: March 20th 2024)
Mayer vs. Halkias
3.14.2024
Eric R. Linhardt
Civil:
Authority of court to reconsider final summary judgment order after expiration of 30 days; tolling the 30-day period; motion to dismiss untimely motion for lack of subject matter jurisdiction
(mayer031424Li)
(Posted: March 17th 2024)
Administrative Appeal:
Land use appeal of grant of special exception; timeliness of decision to avoid "deemed approval" under the statute; validity of decision and conditions rendered after time for decision expired; standing to appeal; de novo hearing
(Kramer030524C.pdf)
(Posted: March 5th 2024)
Administrative Appeal:
Petition to set aside tax upset sale; notice of tax sale; illegible post office return receipts as credible evidence
(Cheunes022924C)
(Posted: February 29th 2024)
Civil:
Motions in limine; court's role as gatekeeper of relevant evidence; need for expert testimony to establish corporate negligence claim; scope of testimony limited to only relevant matters
(Lovett022924C)
(Posted: February 29th 2024)
Rockey vs. Stearns
2.29.2024
William P. Carlucci
Civil:
Summary judgment motion; existence of fact issues whether owner of property knew of defective a railing
(Rockey022924C)
(Posted: February 29th 2024)
Commonwealth vs. Kessler
2.28.2024
William P. Carlucci
Criminal:
Non-jury summary appeal trial; issue of whether Quadricycle is "street legal" under the vehicle code; applicability of full faith and credit clause of the U.S. Constitution to question of whether Pennsylvania must allow street use of a prohibited vehicle that is street legal in Montana; sufficiency of evidence to support citations for vehicle code violations; subjecting ATV to all highway vehicle requirements and limitations
(Kessler022824C)
(Posted: February 28th 2024)
Criminal:
Motion to compel discovery; suppression motion; Miranda issue; test for custodial interrogation; police questioning of defendant after she was identified as a suspect in a crime; probable cause for search warrant;
(Mcdevitt022724t)
(Posted: February 28th 2024)
Civil:
Preliminary objections/motion for summary judgment; timeliness of summary judgment motion before the pleadings are closed; service of process; acceptance of a pleading served by mail by someone who is not an authorized person; required hearing where facts of service are disputed; authority of court to determine effect of release on preliminary objections
(Grace021624C)
(Posted: February 18th 2024)
Civil:
Preliminary objections; boilerplate allegations of nursing home misconduct, unrelated to pleaded facts; sufficiency of allegations to support claim for punitive damages; specificity of allegations of negligence
(Stacey021524C)
(Posted: February 15th 2024)
Criminal:
Motion to set bail; exception to constitutional right to bail for offense involving the possibility of a life sentence; burden of proof to deny bail; sufficiency of evidence of specific intent to kill; "substantially more likely than not" standard; subjective and objective elements of defendant's belief that he was in danger of death or serious bodily injury such that he needed to use deadly force to defend himself at that moment; violation of due process
(Michaels021324t.)
(Posted: February 15th 2024)
Criminal:
Post-conviction relief petition; ineffective counsel leading to guilty plea; credibility of defendant's testimony that she was guaranteed probationary sentence; failure of counsel to inform defendant of mandatory minimum sentence as rendering guilty plea unknowing
(strouse012624t)
(Posted: February 13th 2024)
Commonwealth vs. Shoop
1.16.2024
Ryan M. Tira
Criminal:
Petition for post-conviction relief; claimed ineffective counsel at trial for failure to call witnesses; proof of existence of and availability of witness, counsel's actual awareness, or duty to know, of witness, the willingness and ability of witnesses to cooperate and appear on defendant's behalf and the necessity for the proposed testimony in order to avoid prejudice; prejudice caused by defendant; evidence sufficiently presented through other witnesses; strategic decision of counsel; failure to secure funds to pursue facial recognition expert; post-trial determination of whether a facial recognition expert would have been available and willing to testify for defendant at trial
(Shoop011624t)
(Posted: February 12th 2024)
KT Adoption
2.8.2024
Ryan M. Tira
Adoption:
Agency petition for involuntary termination of parental rights; no settled purpose to relinquish parental claim; parent failing to perform parental duties for at least six months; parent showing minimal compliance with child permanency plan; inability to care for child due to drug use, incarceration and lack of housing; existence of bond between child and parent; trauma associated with continued relationship with father
(KT020824t)
(Posted: February 12th 2024)
Commonwealth vs. Watts
2.6.2024
Ryan M. Tira
Criminal:
Habeas corpus petition; sufficiency of evidence; "Glock switch" as "offensive weapon" under the statutory definition; assumption that package will only be sent to a recipient upon request, as sufficient to establish attempt to possess an instrument of crime
(Watts020624t)
(Posted: February 12th 2024)
Jennings vs. Garner
2.2.2024
William P. Carlucci
Civil:
Summary judgment motion; claimed de minimis defect in sidewalk; determination whether 2 inch defect is trivial as a matter of law; assumption of the risk by jogging at night on an unilluminated sidewalk; evidence that plaintiff understood specific risk before choosing to encounter it
(Jennings020224C)
(Posted: February 5th 2024)
Commonwealth vs. Fields
1.24.2024
Nancy L. Butts
Criminal:
Habeas corpus petition; availability habeas of relief after conviction; applicability of the post conviction relief act; timeliness of the filing; jurisdiction of the court; waiver by failing to raise in previous petitions; use of habeas petition to challenge collateral consequences; constitutionality of SORNA
(Fields012324bt)
(Posted: February 2nd 2024)
Stryker vs. Harlan
2.1.2024
William P. Carlucci
Civil:
Appeal from verdict of judgment for possession after non-jury trial; failure to defend at trial or file post-trial motions; failure to allege court errors in Rule 1925 statement; waiver of appeal issues
(Stryker020124C)
(Posted: February 1st 2024)
Civil:
Preliminary objections; punitive damages; sufficiency of allegations of wanton conduct, by knowingly or recklessly disregarding a known risk; claim for negligent infliction of emotional distress; personal perception of a discrete and identifiable traumatic event
(STIDFOLE012524c)
(Posted: January 29th 2024)
Commonwealth vs. Giddings
1.19.2024
Nancy L. Butts
Criminal:
Motion to dismiss under rule 600; cause of the delay; valid claim at the time motion is filed
(Giddings011923bt)
(Posted: January 21st 2024)
Criminal:
Post conviction relief act petition; ineffective counsel; conflict of interest claim; prejudice; issues previously litigated; claim that court committed felony; claimed insufficient notice of appeal rights, where timely appeal was taken; non-specific claim of bad faith prosecution where there was a conviction that was affirmed on appeal; sufficiency of notice of filing of Finley/Turner letter by appointed counsel
(Norby-Vardac011724bt)
(Posted: January 18th 2024)
Civil:
Consolidation of Muncy voting districts; compliance with ADA requirements; sufficiency of contents of notice of hearing and of posting locations; sufficiency of evidence to support consolidation
(BoardofElections011624bt)
(Posted: January 18th 2024)
CG Adoption
1.4.2024
Ryan M. Tira
Adoption:
Agency petition for involuntary termination of parental rights; parent failing to perform parental duties for at least six months; parent showing minimal compliance with child permanency plan; inability to care for child due to drug use, incarceration, inconstant housing, existence of bond between child and parents; best interest of the child
(AdoptionCG010424t)
(Posted: January 12th 2024)
Commonwealth vs. Ross
1.9.2024
Nancy L. Butts
Criminal:
Appeal; sufficiency of evidence to support conviction for aggravated assault where defendant shot at a home that he knew was occupied by troopers; sentencing discretion; factors considered in sentencing; mandatory sentences
(Ross010924bt)
(Posted: January 12th 2024)
Commonwealth vs. Leonard
1.10.2024
Nancy L. Butts
Criminal:
Appeal; waiver of argument on sufficiency of evidence for conviction where issue is raised in boilerplate manner; evidence necessary to convict for offense of rape of a mentally disabled person and aggravated indecent assault; sentencing discretion; consideration of sentencing factors
(Leonard011024bt)
(Posted: January 12th 2024)
Commonwealth vs. Cradle
1.4.2024
Nancy L. Butts
Criminal:
Suppression motion; sufficiency of facts to establish probable cause for issuance of search warrants; habeas corpus petition; sufficiency of evidence of specific intent to kill where defendant shot at victim 4 times
(Cradle010424bt)
(Posted: January 9th 2024)
Criminal:
Suppression motion; custodial interrogation; voluntariness of statements; warrantless entry into apartment where consent given; reasonable expectation of privacy of inmate in using telephone; disclosure of promises to witnesses and of witnesses' bad acts; habeas corpus petition; sufficiency of evidence of endangering welfare of child where defendant used fentanyl in apartment she shared with child; disclosure of Children & Youth records; disclosure of expert testimony
(Charlebois010324t)
(Posted: January 9th 2024)
Civil:
Motion for judgment on the pleadings; underinsured motorist insurance coverage; availability of stacked coverage under insurance contract; principles of contract interpretation; mere mention of a person in an insurance policy as causing him to become a "named insured" under the policy; policy ambiguity by use of a virgule; using reasonable expectations of insured to override unambiguous language of the policy; applicability of insured's election of lower benefits to third party beneficiaries
(harting010824Li)
(Posted: January 9th 2024)
Commonwealth vs. Rawls
1.5.2024
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective assistance of counsel for failure to challenge use of peremptory challenges in jury selection, where there were no African-Americans who appeared for jury selection; prejudice in co-defendant's representation by business partner of trial counsel; prejudice in the timing of the giving of the "corrupt and polluted source" relating to co-defendant's testimony; issues previously litigated in Superior Court
(Rawls010524bt)
(Posted: January 9th 2024)
Commonwealth vs. Ellman
12.29.2023
Kenneth D. Brown
Criminal:
Post-sentence motion; admissibility of video at trial of defendant packaging marijuana; probative value outweighing prejudice; authentication of video where parole agent identified defendant in video; suppression motion; reasonableness of delay in conducting search based on 3 day old information; staleness
(ellman122923Br.)
(Posted: January 3rd 2024)
Commonwealth vs. Lakes
12.28.2023
Ryan M. Tira
Criminal:
Suppression motion; knowing, voluntary and intelligent waiver of Miranda rights; Wiretap Act violation; reasonable expectation of privacy in a room in a police station; motion to dismiss due to 9 year delay in filing charges; proof of actual prejudice; disclosure of Children & Youth exculpatory records; motion to prevent complainants from being referred to as "victim" during trial; disclosure of evidence of other crimes, wrongs or acts or of witnesses being offered immunity, favorable consideration, leniency, or favorable treatment; habeas corpus petition; sufficiency of evidence of crimes of corruption of minors or indecent assault where there are issues of credibility
(Lakes122823t)
(Posted: January 2nd 2024)
Administrative Appeal:
Appeal of denial of variance; scope of review; support in the record for findings of fact; combination of unique physical circumstances and conditions creating a "perfect storm" of hardship; abuse of discretion in not considering facts of record; decision based on legal conclusions and not proper factual findings;
(LGN122923C)
(Posted: January 2nd 2024)
Smith vs. Smith
12.22.2023
Eric R. Linhardt
Support; custody:
Motion for special relief; claim that provision of custody agreement violates public policy; enforceability of voluntary agreement made without fraud or coercion; severability
(smith121223Li)
(Posted: December 27th 2023)
Civil:
Summary judgment motion; Mental Health Procedures Act immunity; factual issues as to occurrence of willful misconduct or gross negligence; dueling expert reports
(Lovett121823C)
(Posted: December 19th 2023)
Civil:
Summary judgment motion; necessity of expert opinion in claim of negligent design of roadway; jury question of negligent maintenance of a roadway; factual dispute as to notice by municipality of defect in roadway
(Grace121123C)
(Posted: December 13th 2023)
Commonwealth vs. Sanders
11.30.2023
Nancy L. Butts
Criminal:
Post conviction relief act petition; waiver of issue withdrawn after filing first post conviction petition; knowing, intelligent, and voluntary guilty plea where guilt was admitted in guilty plea colloquy; guilty plea as waiver of defects and defenses
(Sanders113023bt)
(Posted: December 12th 2023)
Commonwealth vs. Moser
11.30.2023
Nancy L. Butts
Criminal:
Post conviction relief act petition; claim of ineffective counsel due to failure to discuss right to jury trial and ramifications of waiver; sufficiency of allegations of prejudice; direction to amend petition
(Moser113023bt)
(Posted: December 12th 2023)
Commonwealth vs. Spencer
12.1.2023
Nancy L. Butts
Criminal:
Post conviction relief act petition; right to counsel for second post conviction petition; timeliness of petition; issues previously litigated or waived; merger of offenses for sentencing purposes where shootings involved multiple victims
(Spencer120123bt)
(Posted: December 12th 2023)
In re: MH
11.27.2023
Eric R. Linhardt
Civil:
Petition for restoration of firearms rights and expungement of
involuntary commitment records; determination of whether person posed a clear and present danger of harm to others or to himself; examining physician's findings supported by preponderance of the evidence; pure question of law
(MH112723Li)
(Posted: November 27th 2023)
Commonwealth vs. Jeffries
11.22.2023
Nancy L. Butts
Criminal:
Suppression motion; probable cause for search warrant; consideration limited to information within the four corners of the affidavit of probable cause; evidence viewed in a common-sense, nontechnical manner through the eyes of a trained law enforcement officer; sufficiency of factual allegations to support search for indicia of occupancy a residence
(Jeffries112223bt)
(Posted: November 27th 2023)
Commonwealth vs. Dyer
11.16.2023
Kenneth D. Brown
Criminal:
Habeas corpus motion; statute of limitations defense; exception under minor tolling statute; sufficiency of allegations in the affidavit of probable cause to establish minority of victim; adequacy of notice of intent to assert the exception to the statute of limitations; sufficiency of evidence of unlawful contact with minor where there was no evidence of communication; sufficiency of evidence of indecent assault and corruption of minors where father allegedly touching his daughter's groin area and continually kissed her neck
(dyer112623br)
(Posted: November 21st 2023)
Commonwealth vs. Guthrie
11.17.2023
Ryan M. Tira
Criminal:
Appeal of court's finding that defendant is a sexually violent predator; consideration of 14 factors by expert witness; burden of proof
(guthrie111723t)
(Posted: November 21st 2023)
Commonwealth vs. Tyson
11.20.2023
Nancy L. Butts
Criminal:
Motion to dismiss under rule 600; calculations of case pending time; COVID delays; Commonwealth's burden to prove due diligence to bring case to trial; excusable delay; boilerplate claim of Pennsylvania constitution speedy trial violation; lack of prejudice
(Tyson112023bt)
(Posted: November 21st 2023)
Commonwealth vs. Blunt
11.6.2023
Nancy L. Butts
Criminal:
Motion to amend criminal information to add charges withdrawn or dismissed at preliminary hearing at time of jury selection; prejudice to defendant because request has not allowed for ample notice and preparation
(Blunt110623bt)
(Posted: November 21st 2023)
Civil:
Summary judgment motion; contractual duty of landlord to provide quiet enjoyment to tenant in case where landlord has no reason to know of a defect in property, that may have caused fire; proof of interference with possession; negligence claim where landlord lacks notice of electrical defect; need for expert testimony where cause of fire cannot be determined by a layperson; factual dispute on duty to return security deposit
(washington112023Li)
(Posted: November 21st 2023)