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The database contains 4754 opinions issued by the Lycoming County Court of Common Pleas since 1999.

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All opinions 2017 only

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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. Mullen  (April 26, 2017Judge Nancy L. Butts
Criminal:   Appeal.  (Mullen042617bt)  (Posted: May 25, 2017)

next Commonwealth vs. Martin  (May 23, 2017Judge Marc F. Lovecchio
Criminal:   Appeal; forfeiture by wrongdoing of hearsay and confrontation rights; witness appearing at trial pursuant to a material witness warrant; waiver of objection at trial; withdrawal of rights to confront and to assert a hearsay objection; claimed Commonwealth misconduct in the ex parte communication with president judge to have trial judge assigned; required prejudice; motion for judgment of acquittal; sufficiency of evidence of burglary, robbery, aggravated assault, conspiracy and theft and receiving stolen property; Commonwealth's use of the term “pistol-whipped”; lay opinion testimony on how in her experience Instagram was used; relevance of testimony that defendant owned a gun where he was charged with using a gun to assault someone; authenticity of the photographs from Instagram; circumstantial evidence of authenticity; accomplice liability instruction.  (Martin052317L)  (Posted: May 24, 2017)

next Commonwealth vs. McDowell  (May 8, 2017Judge Marc F. Lovecchio
Criminal:   Appeal; probable cause to arrest; totality of the circumstances as seen through the eyes of a trained officer; need for arrest warrant where there is probable cause to believe that a felony has been committed and that arrestee is the felon; suppression motion; unreasonable delay in arraignment; probable cause to seize and search vehicle; “inevitable discovery” rule; Municipal Police Jurisdiction Act; invitation by law enforcement that had jurisdiction; suppression as appropriate remedy; unduly suggestive photographic identification; joinder of informations; prejudice; offense admissible in separate trial for other offense; common scheme or plan; rule 600; delay caused by Commonwealth’s lack of due diligence; sentencing discretion; special consideration due to age and rehabilitative needs.  (McDowell050817L)  (Posted: May 23, 2017)

next Commonwealth vs. Tallent and Rute  (May 16, 2017Judge Nancy L. Butts
Criminal:   Suppression motion; vehicle search; probable cause to believe a crime had occurred; totality of circumstances.  (Tallent051617bt)  (Posted: May 22, 2017)

next Commonwealth vs. Poust  (May 15, 2017Judge Nancy L. Butts
Criminal:   Motion to dismiss based upon discriminatory prosecution; failure of mandatory reporter to report sex abuse claim; purposeful discrimination.  (Poust051517bt)  (Posted: May 22, 2017)

next Commonwealth vs. West  (May 12, 2017Judge Marc F. Lovecchio
Criminal:   Nunc pro tunc pretrial motion; previous motion dismissed for non-appearance of defendant; excuse for non-appearance.  (West051217L)  (Posted: May 12, 2017)

next Commonwealth vs. Hall  (May 11, 2017Judge Marc F. Lovecchio
Criminal:   Commonwealth's motion in limine; expert testimony regarding eye witness identification; discretion of court; relevancy; timeliness of production of expert report where no discovery request was served; knowledge possessed by average lay person; scope of expert opinion.  (Hall051117L)  (Posted: May 12, 2017)

next Commonwealth vs. Koch  (May 11, 2017Judge Nancy L. Butts
Criminal:   Pro se motion for relief nunc pro tunc; constitutionality of sexual offender registration requirement; pending Supreme Court cases on registration statute's violation of the ex post facto clause of the Pennsylvania constitution; decision deferred.  (Koch051117bt)  (Posted: May 12, 2017)

next Commonwealth vs. Liberti  (May 9, 2017Judge Nancy L. Butts
Criminal:   Suppression motion; probable cause to stop motor vehicle; knowing voluntary, and intelligent agreement to blood test based upon officer’s warnings of loss of license; evidence of coercion .  (Liberti050917bt)  (Posted: May 10, 2017)

next Commonwealth vs. Ruffin  (May 9, 2017Judge Nancy L. Butts
Criminal:   Motion for release on nominal bail; rule 600; delay attributable to defense.  (Ruffin050917bt)  (Posted: May 10, 2017)

next Commonwealth vs. Johnson  (May 9, 2017Judge Nancy L. Butts
Criminal:   Habeas corpus petition; nunc pro tunc designation for late filing due to recantation of Commonwealth witness; hearsay statements of witnesses; prima facie case.  (Johnson050917bt)  (Posted: May 10, 2017)

next Commonwealth vs. Ruffin  (May 5, 2017Judge Nancy L. Butts
Civil:   Motion to dismiss; prima facie case of drug delivery; constructive possession; prima facie showing of drug possession, criminal use of communication facility and conspiracy.  (Ruffin050517bt)  (Posted: May 6, 2017)

next Branch Banking and Trust Company vs. Dibble, Black Bear Holdings, LLC, Mccague, Hill, Rosdev Capital Funding, LP, Barry Isett & Associates, Inc., Phillips, Voneida and Linde Corporation  (May 5, 2017Judge Dudley N. Anderson
Civil:   Summary judgment motion; action to quiet title; declaration as to priority of mortgage; unrecorded deed; impeachment of mechanic's lien; standing to challenge court’s prior holding on validity of deeds; priority of mechanic’s liens; issue of fact as to when work completed; statutory construction of mechanic's lien statute; perfection of lien.  (Banch_Banking0505107a)  (Posted: May 6, 2017)

next Wetlaufer vs. Jones and Bass  (April 25, 2017Judge Richard A. Gray
Civil:   Preliminary objections; repleven action; potential equitable claim to title; no allegation of wrongful taking or possession by defendant.  (Wettlaufer042517g)  (Posted: May 6, 2017)

next In re:S.P.  (May 4, 2017Judge Richard A. Gray
Administrative Appeal:   Appeal of involuntary mental health commitment; patient acting in such manner as to evidence that he would be unable, without care, supervision and the continued assistance of others, to satisfy his need for nourishment, personal or medical care, shelter, or self-protection and safety; non-compliance with medication requirements.  (SP050417g)  (Posted: May 6, 2017)

next Smith vs. Montoursville  (April 27, 2017Judge Richard A. Gray
Civil:   Preliminary objections; claimed water damage due to leaking borough pipes; duty; governmental immunity; utility service facilities exception; dangerous condition of borough’s water system; notice; unjust enrichment; unconstitutional application of municipal ordinance where it is unequally applied.  (smith042717g)  (Posted: May 6, 2017)

next Commonwealth vs. Parker  (May 4, 2017Judge Nancy L. Butts
Criminal:   Appealability of denial of defense motions in limine; interlocutory order appealable as collateral order.  (Parker050417bt)  (Posted: May 4, 2017)

next Eurooptics, LTD. vs. Mincher and Wells Fargo Bank  (May 1, 2017Judge Dudley N. Anderson
Civil:   Petition to strike or open judgment; service by registered mail; requirement of restricted delivery; identification of individual signing for the mail; requirements for the return of service.  (eurooptics050117-2a)  (Posted: May 1, 2017)

next Commonwealth vs. Geiger  (May 1, 2017Judge Nancy L. Butts
Criminal:   Post conviction relief act petition; timeliness; mens rea to be adjudicated guilty for failure to register; definition of knowingly; defense of intervening stressful life issues.  (Geiger050117bt)  (Posted: May 1, 2017)

next Commonwealth vs. Confer  (May 1, 2017Judge Nancy L. Butts
Criminal:   Appeal; timeliness of post sentence motion; timeliness of appeal; reimbursement for pants of adult probation officer; Crime Victims Act Supervisory Fund; damage by defendant while probation officer detaining defendant.  (Confer050117bt)  (Posted: May 1, 2017)

next NF vs. DF  (April 28, 2017Judge Dudley N. Anderson
Support:   Exception to support order; assessment of earning capacity based on job opportunities or actual income; suspension of spousal support for adultery.  (fowler042817a)  (Posted: May 1, 2017)

next Commonwealth vs. Haught  (May 1, 2017Judge Nancy L. Butts
Criminal:   Post conviction relief act petition; timeliness; jurisdiction of the court; retroactive application of Alleyne case.  (Haught050117bt)  (Posted: May 1, 2017)

next BGR Adoption  (April 21, 2017Judge Joy Reynolds McCoy
Adoption:   Petition for involuntary termination of parental rights of father; 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.  (AdoptionofBGR042117m)  (Posted: May 1, 2017)

next Commonwealth vs. Pepperman  (April 27, 2017Judge Marc F. Lovecchio
Criminal:   Request of Adult Probation Office to include conditions of supervision related to sexual offenses, for simple assault conviction; conditions reasonably related to rehabilitation; nexus between defendant’s crime and proposed restrictions..  (Pepperman042717L)  (Posted: Apr 27, 2017)

next Commonwealth vs. Dishong  (April 27, 2017Judge Marc F. Lovecchio
Criminal:   Motion of Adult Probation Office to include conditions of supervision related to sexual offenses, for retail theft conviction; conditions reasonably related to rehabilitation; nexus between defendant’s crime and proposed restrictions.  (dishong042717L)  (Posted: Apr 27, 2017)

next Commonwealth vs. Wylie  (April 27, 2017Judge Dudley N. Anderson
Criminal:   Appeal; mens rea requirement for conviction of possession of a firearm with altered manufacturer’s number; possession alone sufficient.  (wylie042717a)  (Posted: Apr 27, 2017)

next Commonwealth vs. Wodrig  (April 13, 2017Judge Nancy L. Butts
Criminal:   Motion to withdraw nolo contendere plea; fair and just reason; sufficiency of mere assertion of innocence to warrant second plea withdrawal.  (Wodrig041317bt)  (Posted: Apr 26, 2017)

next Maxson vs. Weaver.  (April 11, 2017Judge Richard A. Gray
Civil:   Motion in limine; motor vehicle accident; admissibility of point of impact testimony by non-experts; reliance on physical evidence at the scene of accident; eye-witness account of the point of impact; admissibility of criminal convictions that do not involve dishonesty or false statements.  (maxson041117g)  (Posted: Apr 22, 2017)

next Commonwealth vs. Marchese  (April 21, 2017Judge Marc F. Lovecchio
Criminal:   Appeal; sentencing discretion; unduly harsh and manifestly excessive sentence following violation of probation; consideration of mental health issues; substance abuse; failure to take advantage of treatment options offered.  (marchese042117L)  (Posted: Apr 22, 2017)

next Commonwealth vs. Kennedy  (April 21, 2017Judge Marc F. Lovecchio
Criminal:   Motion to dismiss; timeliness; appearance of new counsel; lack of prejudice; dismissal motion characterized as motion in limine; waiver of preliminary hearing as waiver of ability to challenge the sufficiency of the evidence in habeas corpus motion.  (Kennedy042117L)  (Posted: Apr 22, 2017)

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