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The database contains 4801 opinions issued by the Lycoming County Court of Common Pleas since 1999.

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DISCLAIMER - The opinions posted on this site are submitted directly by the Lycoming County Court of Common Pleas. All opinions submitted by the court are posted in the form received, and the Lycoming Law Association is not responsible for the content of any opinion or the decision to post any opinion, as all opinions received from the court are posted without editing or otherwise altering their content.  Any concerns regarding a posted opinion should be directed to the Judge who issued the opinion as the Association will not alter or remove an opinion without court direction.

(Opinions are listed in the order posted)

next Commonwealth vs. Bradshaw  (Juli 20, 2017Judge Marc F. Lovecchio
Criminal:   Motion to reconsider sentence; credit for only time spent incarcerated; discretion to make sentences for two crimes consecutive; significant prior criminal history.  (Bradshaw072017L)  (Posted: Jul 20, 2017)

next Commonwealth vs. Jacobs  (Juli 20, 2017Judge Marc F. Lovecchio
Criminal:   Motion to quash treated as a habeas corpus petition; prima facie case; actual or constructive evidence of possession; close proximity to item; motion for funds for private investigator; articulated substantial basis for appointing an investigator.  (jacobs072017L)  (Posted: Jul 20, 2017)

next Commonwealth vs. Lambert  (Juli 14, 2017Judge Marc F. Lovecchio
Criminal:   Appeal; sufficiency and weight of evidence of hindering apprehension; evidence of knowledge of an underlying crime; lies evidencing consciousness of guilt; boilerplate allegations of error.  (Lambert071417L)  (Posted: Jul 20, 2017)

next Commonwealth vs. Bennett  (Juli 14, 2017Judge Marc F. Lovecchio
Criminal:   Post conviction relief act petition; waiver of claims by pleading guilty; knowing, voluntary and intelligent plea.  (Bennett071417L)  (Posted: Jul 20, 2017)

next Commonwealth vs. Green  (Juli 20, 2017Judge Marc F. Lovecchio
Criminal:   Post conviction hearing act petition; excessive sentence claim; waiver; plea agreement; applicability of guidelines to maximum sentence; discretionary review of negotiated sentence; calculation of prior record score.  (Green072017L)  (Posted: Jul 20, 2017)

next Commonwealth vs. Johnson  (Juli 18, 2017Judge Nancy L. Butts
Criminal:   Nunc pro tunc post-conviction relief act petition; doctrine of equitable tolling; appeal rights; ineffective assistance of counsel for failing to call a witness; prejudice.  (Johnson071817bt)  (Posted: Jul 18, 2017)

next Commonwealth vs. Kellam  (Juli 18, 2017Judge Nancy L. Butts
Criminal:   Suppression motion; vehicle stop for window tint violation; timeframe for vehicle stop; reasonable suspicion; validity of the consent search; burden of establishing that a consent is the product of an essentially free and unconstrained choice; probable cause for search.  (Kellam071817bt)  (Posted: Jul 18, 2017)

next Commonwealth vs. West  (Juli 14, 2017Judge Nancy L. Butts
Criminal:   Suppression motion; vehicle stop for window tint violation; driving on a suspended license violation; reasonable suspicion for dog sniff search; objective nexus between actual drug activity and the officer’s suspicion of that activity.  (West071417bt)  (Posted: Jul 15, 2017)

next Commonwealth vs. Girardi  (Juli 13, 2017Judge Nancy L. Butts
Criminal:   Habeas corpus petition; prima facie case of burglary and criminal trespass where defendant was in possession of stolen gun and a door had been jimmied; corpus delecti of crime where stolen gun had not been found; hearsay statements establishing prima facie case; suppression motion; probable cause for phone record search warrant; information from confidential informant; informant coerced into wearing a wire; validity of waiver of Miranda rights were defendant is not told of an open arrest warrant for the crime; knowledge of nature of criminal investigation.  (Girardi071317bt)  (Posted: Jul 15, 2017)

next Commonwealth vs. Cooley  (Juli 13, 2017Judge Nancy L. Butts
Criminal:   Post conviction relief act petition; ineffective assistance of counsel; merit of potential suppression motion; search of defendant parolee's home based on money orders for large sums made out to defendant found in another parolee's home; prejudice to defendant; rational decision by counsel.  (Cooley071317bt)  (Posted: Jul 15, 2017)

next Commonwealth vs. Borgess  (Juli 11, 2017Judge Nancy L. Butts
Criminal:   Habeas corpus petition; involuntary manslaughter and reckless endangerment charges related to leaving a child in a hot car; prima facie case; disregarding a substantial and unjustifiable risk that death would result from behavior; allowing oneself to forget where consequences would be grave.  (Borgess071217bt)  (Posted: Jul 15, 2017)

next Commonwealth vs. Koch  (Juli 11, 2017Judge Nancy L. Butts
Criminal:   Appeal.  (Koch071117bt)  (Posted: Jul 15, 2017)

next Commonwealth vs. McCloskey  (Juli 11, 2017Judge Nancy L. Butts
Criminal:   Appeal.  (McCloskey071117bt)  (Posted: Jul 15, 2017)

next Commonwealth vs. Poole  (Juni 30, 2017Judge Nancy L. Butts
Criminal:   Appeal; weight and sufficiency of the evidence; falsely accusing correctional officer of voyeurism; criminal prosecution for report of sexual abuse not based on good faith under Prison Rape Elimination Act; sentencing discretion.  (Poole063017bt)  (Posted: Jul 3, 2017)

next Commonwealth vs. Shaffer  (Juni 30, 2017Judge Nancy L. Butts
Criminal:   Post-conviction relief act petition; claim of ineffective counsel; second round of collateral attack focusing upon the performance of PCRA Counsel; timeliness; jurisdiction of the court.  (Shaffer063017bt)  (Posted: Jul 3, 2017)

next JND Adoption  (Juli 3, 2017Judge Joy Reynolds McCoy
Adoption:   Petition for involuntary termination of parental rights of father; service by publication; parent evidencing settled purpose of relinquishing parental claim to a child or refusing or failing to perform parental duties; failure to appear at hearing; bond existing between child and parent.  (AdoptionofJD070317m)  (Posted: Jul 3, 2017)

next Commonwealth vs. Sabur  (Juni 29, 2017Judge Marc F. Lovecchio
Criminal:   Amended post conviction relief act petition; claim of ineffective counsel; admissibility of firearm convictions at trial; failure to produce evidence at hearing.  (Sabur062917L)  (Posted: Jun 30, 2017)

next Commonwealth vs. Davis  (Juni 29, 2017Judge Nancy L. Butts
Criminal:   Post conviction relief act petition; claim of ineffective assistance of counsel; failure to file motion on non-meritorious grounds; bad faith of trooper in failing to preserve recording; lack of prejudice; reasonable probability verdict would have been more favorable.  (Davis062917bt)  (Posted: Jun 30, 2017)

next Commonwealth vs. Kemp  (Juni 28, 2017Judge Marc F. Lovecchio
Criminal:   Appeal; post conviction relief act petition; admissibility of testimony regarding defendant’s reputation in the community for truthfulness where the Commonwealth did not attack defendant's reputation for truthfulness and honesty; strategic purpose for claim of trial counsel’s ineffectiveness in failing to call character witnesses and opening the door to rebuttal testimony concerning statements made during a dependency hearing; defense decision not to call character witnesses on defendant's reputation for being non-violent and peaceful; prejudice; reasonable probability that the outcome of appeal upon reinstatement would have been different; allowing questions of defendant designed to defeat his self-defense claim; strategic decision to ask questions later deemed to open to door to adverse testimony.  (Kemp062817L)  (Posted: Jun 30, 2017)

next Commonwealth vs. Suggs  (Juni 28, 2017Judge Marc F. Lovecchio
Criminal:   Post conviction relief act petition; allegations of ineffective assistance of counsel; eligible for RRRI; maximum sentence; sentence exceeding the sentencing guidelines; written guilty plea colloquy as evidence of defendant's knowledge of the factors involved in the plea; prejudice of counsel's failure to explain items in the colloquy .  (Suggs062817L)  (Posted: Jun 28, 2017)

next Commonwealth vs. Perez  (Juni 27, 2017Judge Nancy L. Butts
Criminal:   Appeal; homicide case; testimony of police officer to the ultimate issue in the criminal investigation; harmless error; DNA testing necessity; relevance of details of plea negotiations of co-conspirator who testifies at trial, where agreement is disclosed to the jury; applicability of Wiretap Act to prison conversations; prison conversation with mother as admission of a party; use of prior consistent statements; allowing witness to consult with attorney during examination, whee 5th amendment rights may be implicated; use of Defendant’s statement at trial where officers confronted him about statements of coconspirator who did not testify; cautionary instruction; weight of the evidence where witnesses are claimed to be not credible; sentencing discretion.  (Perez062717bt)  (Posted: Jun 28, 2017)

next Commonwealth vs. Moyer  (Juni 19, 2017Judge Marc F. Lovecchio
Criminal:   Appeal; sentencing discretion; 3 DUI offences within 3 months; sentence and re-sentence upon receipt of information questioning the credibility of defendant's sentencing hearing testimony on his rehabilitation efforts; protection of the public.  (Moyer061917L)  (Posted: Jun 27, 2017)

next Commonwealth vs. Mitchell  (Juni 23, 2017Judge Nancy L. Butts
Criminal:   Commonwealth's motion for reconsideration of disallowance of evidence; weight rather than an admissibility argument.  (Mitchell062317bt)  (Posted: Jun 26, 2017)

next Commonwealth vs. Faison  (Juni 23, 2017Judge Richard A. Gray
Criminal:   Petition for post-conviction relief; ineffective assistance of counsel; failure to file suppression motion; use of pen register to track a fugitive; search of apartment; misstatement of fact in affidavit of probable cause; reasonable basis for trial strategy; waiver of issues not litigated.  (Faison062317g)  (Posted: Jun 23, 2017)

next VG vs. LG  (Juni 15, 2017Judge Richard A. Gray
Custody:   Petition to intervene; standing to seek custody of child; parties in loco parentis; loss of status of in loco parentis due to the passage of time; best interests of the child.  (VG061517g)  (Posted: Jun 23, 2017)

next Commonwealth vs. Hammaker  (Juni 22, 2017Judge Marc F. Lovecchio
Criminal:   Appeal; waiver for failure to file rule 1925 statement; sentencing alternatives upon revocation of state intermediate punishment sentence; unduly harsh and excessive sentence; substance dependence; choice not to be rehabilitated.  (Hammaker062217L)  (Posted: Jun 23, 2017)

next Commonwealth vs. Price  (Juni 21, 2017Judge Marc F. Lovecchio
Criminal:   Appeal of discretionary aspects of his sentence; probation violation; mental health and substance abuse issues; protection of the community; multiple criminal convictions.  (price062117L)  (Posted: Jun 23, 2017)

next Commonwealth vs. McCloskey  (Juni 19, 2017Judge Nancy L. Butts
Criminal:   Post conviction relief act petition; claim of ineffective trial counsel due to interference with defendant's right to testify and right to make a knowing, intelligent, and voluntary decision on whether or not to testify; timeliness; arguable merit of claim; reasonably designed strategy; prejudicing right to fair trial.  (McCloskey061917bt)  (Posted: Jun 20, 2017)

next Commonwealth vs. Spencer  (Juni 19, 2017Judge Marc F. Lovecchio
Criminal:   Appeal; sufficiency and weight of evidence of defendant's identity in aggravated assault case involving a shooting; waiver of issues not raised with the trial judge; verdict shocking the court's conscience; admissibility of taped conversations of defendant discussing possible guilty plea with members of his family; confessions of guilt.  (Spencer061917L)  (Posted: Jun 20, 2017)

next Commonwealth vs. Shoemaker  (Juni 19, 2017Judge Marc F. Lovecchio
Criminal:   Post conviction relief act petition; defendant's misconception that he was sentenced under repealed statute.  (Shoemaker061917L)  (Posted: Jun 20, 2017)

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