Commonwealth vs. Moore
7.2.2019
Eric R. Linhardt
Criminal:
Recusal motion; previous prosecution of defendant by judge, when he is district attorney; waiver by failing to raise issue earlier; appearance of bias due to previous supervisory position; direction to limit profanity in testimony; neutral comment that was not derogatory toward defendant
(Moore070219Li)
(Posted: July 2nd 2019)
Commonwealth vs. Kinney
6.28.2019
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; identification of defendant by victim; prejudice related to photo array; accomplice as a corrupt and polluted source; prejudice from failure to propose jury charge
(kinney062819L)
(Posted: June 28th 2019)
SMT Adoption
6.26.2019
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; non-appearance of mother; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; no existing bond
(AdoptionofSMT062619m)
(Posted: June 27th 2019)
Koch vs. GGMP, LLC, et. al.
6.27.2019
Kenneth D. Brown
Civil:
Summary judgment motion; individual liability of corporate employee; punitive damages; evidence of awareness of party of necessary safety procedures while choosing to disregard them, risking injury
(koch062719br)
(Posted: June 27th 2019)
Civil:
Preliminary objections; jurisdiction of civil division; preference for transfer over dismissal; refusal of plaintiff to file will contest
(Kramer062619Li)
(Posted: June 26th 2019)
Commonwealth vs. Crippen
6.25.2019
Nancy L. Butts
Criminal:
Post sentence motion; sufficiency of evidence to sustain verdict of delivery and possession of drugs and child endangerment where evidence was that drugs were exchanged in presence of young child; weight of the evidence; jury's discretion to believe the witnesses; criteria for consolidation of cases; danger of jury confusion or failure to separate the charges; prejudice; timeliness of objection to jury panel; waiver; claimed Brady violation where the information at issue was proffered by defendant himself; reasonableness of sentence involving long term pattern of dealing in drugs
(Crippen062519BT)
(Posted: June 25th 2019)
Commonwealth vs. Moy
6.20.2019
Marc F. Lovecchio
Criminal:
Petition to stop 20% deduction for court costs, fines and restitution from gifts from family and friends, and the return of money pursuant to 42 Pa. C.S.A. §8127; pro se filing by represented party; court jurisdiction over claims to stop Act 84 deductions; prison's authority to deduct funds from prison account; proper method to raise illegal sentence issue
(Moy062019L)
(Posted: June 21st 2019)
Commonwealth vs. Kennedy
6.18.2019
Marc F. Lovecchio
Criminal:
Opinion on remand to determine whether double jeopardy motion was frivolous; mistrial ordered due to manifest necessity; inadequately developed record; jurors concerned about mere presence of one of defendant's supporters, who also was a potential witness
(Kennedy061819L)
(Posted: June 18th 2019)
Commonwealth vs. Morgret
6.12.2019
Marc F. Lovecchio
Criminal:
Commonwealth appeal; suppression issue; reasonable suspicion; rights of a parolee; issues raised in the trial court; waiver; scope of the motion to suppress; issues argued during the hearing without objection about scope of motion
(morgret061219L)
(Posted: June 14th 2019)
Commonwealth vs. Frisosky
6.14.2019
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court; applicability of statutory exceptions; retroactive application of Muniz case; legality of sentence challenge
(frisosky061419L)
(Posted: June 14th 2019)
Commonwealth vs. McLaurin
6.14.2019
Marc F. Lovecchio
Criminal:
Post-sentence motion; sufficiency of evidence that defendant possessed controlled substances with the intent to deliver them; flight as consciousness of guilt; possession of separately packaged drugs, cash, a phone and no possession of ways to ingest the drugs, as evidence of intent to distribute; permitted inferences
(McLaurin061419L)
(Posted: June 14th 2019)
Commonwealth vs. Clay
6.13.2019
Nancy L. Butts
Criminal:
Post conviction relief act petition; jurisdiction; allegation of error previously litigated or waived; binding Superior Court decision
(Clay061319BT)
(Posted: June 14th 2019)
Commonwealth vs. Bean
6.13.2019
Marc F. Lovecchio
Criminal:
Pretrial discovery and inspection motion; court discretion; request for prison policies to support self-defense argument in an assault of officer case; officers within scope of duties; interests of safety and security; in camera review; balancing interests
(Bean061319L)
(Posted: June 13th 2019)
Civil:
Preliminary objections; claimed Sunshine Act violation; nonwaivable statute of limitations; date of discovery of a potential violation; capacity to sue for breach of fiduciary
duties by a board of directors; sufficiency of claim of breach of fiduciary duty; legal and factually cognizable claims for breach of duty of care, loyalty, and obedience
(OBrien061319BT)
(Posted: June 13th 2019)
Commonwealth vs. A.M.W.
6.12.2019
Marc F. Lovecchio
Criminal:
Competency of elderly defendant; ability of court to dismiss charges where the Commonwealth inexplicably refuses to concede defendant's incompetence, despite the court's finding after three hearings that there was no possibility that defendant would regain his competence; requirement of Mental Health Procedures Act
(AMW061119L)
(Posted: June 13th 2019)
Administrative Appeal:
Appeal of denial of building permit; interpretation of final conditional plan approval of multi-lot subdivision plan; error of law; definition of "forestry"; factual issues requiring additional testimony
(Winner060719Li)
(Posted: June 7th 2019)
Commonwealth vs.Counsil
6.7.2019
Marc F. Lovecchio
Criminal:
Tender years motion to admit out of court statements; child to testify in open court before jury but with defendant in another room
(counsil060719L)
(Posted: June 7th 2019)
Commonwealth vs. Applegate
6.5.2019
Marc F. Lovecchio
Criminal:
Appeal; sentencing discretion; sentence below mitigated range; consideration of sentencing factors; protection of the public and rehabilitation; availability of justification/self-defense to defend case; availability of legal alternative; danger of imminent harm; ignorance of the law as defense
(Applegate060519L)
(Posted: June 5th 2019)
Commonwealth vs. Williams
5.31.2019
Marc F. Lovecchio
Criminal:
Post sentence motions; admissibility of text messages exchanged between victim and defendant; hearsay; messages not offered for their truth; impeachment evidence of images on defendant's phone, where authenticity of representation was not issue; admissibility of expert testimony where no expert report provided; sufficiency of verbal proffer; waiver of issues where no objection stated; need for cautionary instruction concerning expressed emotions in court; allowing expert police officer witness to testify to lay opinion; evidence about witnesses use of aliases; relevance of evidence that defendant intended to attend college; allowing autopsy photos to go out with jury; defining "forcefully entering" in castle doctrine instruction; adequacy of self defense instruction; reasonableness of sentence
(Williams053119L)
(Posted: May 31st 2019)
Commonwealth vs. Rhinehart
5.28.2019
Marc F. Lovecchio
Criminal:
Motion to reconsider habeas corpus petition denial; intervening appeal court case with similar facts; trial issues based solely on consciousness of guilt as a result of allegedly false statements; lack of evidence of reckless or grossly negligent behavior
(rhinehart052819L)
(Posted: May 28th 2019)
Administrative Appeal:
Appeal of denial of public housing application; student loan default; effect of acceptance into loan rehabilitation program; interpretation of applicable regulations
(TurnerIrving052019Li)
(Posted: May 20th 2019)
Commonwealth vs. Graham
5.13.2019
Marc F. Lovecchio
Criminal:
Motion for time credit and corrected commitment treated as post conviction relief act petition; timeliness of motion; jurisdiction of the court; waiver of request for credit; credit for time released on bail with electronic monitoring
(graham051319L)
(Posted: May 17th 2019)
Commonwealth vs. Stark
5.15.2019
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; credibility of claim that defendant requested his attorney to appeal sentence; circumstances considered in sentencing; sentencing discretion; preservation of objection to sentence
(Stark051519L)
(Posted: May 16th 2019)
Commonwealth vs. Bair
5.7.2019
Marc F. Lovecchio
Criminal:
Motion to dismiss; Rule 600 issue; excludable time; delay in responding to defendant's informal responses for discovery; ttme attributable to the normal progression of a case
(Bair050719L)
(Posted: May 14th 2019)
Commonwealth vs. Sailor
5.13.2019
Marc F. Lovecchio
Criminal:
Post-sentence motions; recusal motion; judge's conversation with juror during trial; failure to advise counsel of the conversation before verdict; prejudice; judge as witness on recusal issue; sufficiency of evidence; impairment as cause of accident; evidence that marijuana intoxication could have affected driving, causing collision
(Sailor051319L)
(Posted: May 13th 2019)
Commonwealth vs. Johnson
5.13.2019
Marc F. Lovecchio
Criminal:
Habeas corpus petition; sufficiency of evidence of attempt to deliver controlled substance; a substantial step toward delivering
(johnson051319L)
(Posted: May 13th 2019)
Commonwealth vs. Smith
5.13.2019
Marc F. Lovecchio
Criminal:
Suppression motion; reasonable suspicion to detain defendant; warrantless search of a parolee; information that defendant matched the description of someone observed by another officer making a suspected drug transaction; habeas corpus petition; sufficiency of evidence of intent to deliver drugs; possession of scale, cash and marijuana, with no means of ingestion of drugs; disclosure of Brady material; disclosure of evidence to be used at trial; disclosure of cell phone evidence
(smith051319L)
(Posted: May 13th 2019)
Commonwealth vs. Rice
5.9.2019
Nancy L. Butts
Criminal:
Suppression motion; probable cause for motor vehicle violation; failure to use turn signal to pass vehicle, without leaving traffic lane
(Rice050919BT)
(Posted: May 13th 2019)
Commonwealth vs. Keys
5.10.2019
Nancy L. Butts
Criminal:
Reconsideration motion; authority to revisit decision after 30 days; claimed pre-textual vehicle stop
(Keys051019BT)
(Posted: May 13th 2019)
Commonwealth vs. Getgen
5.7.2019
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion that criminal activity is afoot; investigatory detention; vehicle legally parked with defendant sleeping in vehicle; mere hunch; emergency requiring immediate aid
(Getgen050719BT)
(Posted: May 9th 2019)
Fink Estate
5.6.2019
Eric R. Linhardt
Wills and Estates:
Will contest; standing; jurisdictional issue that may be raised sua sponte; ability of intestate heir to contest a will
(InreFink050619Li)
(Posted: May 6th 2019)
CAB Adoption
5.1.2019
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; non-appearance of defendant; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; failure to exercise court awarded custody rights; no existing bond
(AdoptionofCAB5119m)
(Posted: May 4th 2019)
Commonwealth vs. Entz
4.30.2019
Marc F. Lovecchio
Criminal:
Motion to dismiss for rule 600 violation; excludable time; burden to prove due diligence; consideration of materials attached to brief but not included in evidence; circumstances beyond Commonwealth's control; bare statements of unavailability of witness
(Entz043019L)
(Posted: May 4th 2019)
Commonwealth vs. Showers
4.22.2019
Marc F. Lovecchio
Criminal:
Appeal; post conviction relief act petition; jurisdiction of the court; timeliness of petition; claim respecting discretionary aspects of sentencing;
(Showers042219L)
(Posted: May 4th 2019)
Commonwealth vs. Burrows
4.22.2019
Marc F. Lovecchio
Criminal:
Commonwealth appeal of dismissal of charge as de minimis; extenuations involving theft of items under state of panic due to inability to care for children placed in her custody
(Burrows042219L)
(Posted: May 4th 2019)
Commonwealth vs. Anspach
4.11.2019
Nancy L. Butts
Criminal:
Suppression motion; probable cause for an arrest for probation violation where defendant admits to violation
(Anspach041119BT)
(Posted: May 4th 2019)
Commonwealth vs. Taylor
4.17.2019
Nancy L. Butts
Criminal:
Post conviction relief act petition; request to make RRRI eligible where defendant is not eligible; knowing, intelligent, voluntary, and understanding guilty plea
(Taylor041719BT)
(Posted: May 4th 2019)
Commonwealth vs. Walls
5.1.2019
Nancy L. Butts
Criminal:
Post-conviction relief act petition; ineffective counsel; merger of offenses; crimes which are "greater and lesser included offenses" of one another; one offense that has an element the other does not; failure to hire psychiatrist to testify as to defendant's incompetence prior to his plea; voluntariness of plea; failure to hire expert witnesses to explain police training techniques and defendant's mental state at the time of the incident; relevance of testimony; relevance of evidence of defendant's lack of maturity
(Walls050119BT)
(Posted: May 2nd 2019)
Commonwealth vs. Barnes
5.2.2019
Marc F. Lovecchio
Criminal:
Amended opinion; reconsideration motion; video of interaction with officer; material differences with officer's testimony
(barnes050219L)
(Posted: May 2nd 2019)
Commonwealth vs. Murray
4.29.2019
Marc F. Lovecchio
Criminal:
Motion to dismiss for rule 600 violation; excludable time; concurrence with Commonwealth continuance motion
(Murray042919L)
(Posted: May 1st 2019)
Commonwealth vs. Harris
4.29.2019
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle stop; claimed momentary and minor traffic violation; habeas corpus petition; possession of contraband located in vehicle; totality of circumstances
(Harris042919L)
(Posted: May 1st 2019)
Commonwealth vs. Breeland
4.26.2019
Marc F. Lovecchio
Criminal:
Motion for rule 600 nominal bail; continuance requests by defendant's counsel imputed to defendant
(Breeland042619L)
(Posted: May 1st 2019)
Commonwealth vs. Davis
4.25.2019
Nancy L. Butts
Criminal:
Motion to remand to juvenile court; knowing, intelligent, and voluntary waiver of his certification hearing; probable cause for vehicle stop; signalling violation
(Davis042519BT)
(Posted: May 1st 2019)
Commonwealth vs. Webb
4.15.2019
Marc F. Lovecchio
Criminal:
Motion for reconsideration of court's decision not to hold a Sexually Violent Predator determination hearing; punitive effect of statute; consideration of relevant factors; burden of proof to disprove status; adherence to doctrine of stare decisis
(webb041519L)
(Posted: April 19th 2019)
Civil:
Preliminary objections; breach of fiduciary duty claim; will interpretation; standing to file claim; derivative action by trust beneficiary; action for aiding and abetting breach of fiduciary duty; civil conspiracy
(Williams041719Li)
(Posted: April 17th 2019)
Civil:
Summary judgment motion; municipal immunity; dangerous condition of sidewalk; jury questions; notice of defect; constructive notice; causation
(buckley032519L)
(Posted: April 16th 2019)
Commonwealth vs. Barnes
4.11.2019
Marc F. Lovecchio
Criminal:
Reconsideration motion; video of interaction with officer; material differences with officer's testimony
(Barnes041119L)
(Posted: April 12th 2019)
Commonwealth vs. Grossnickle
4.11.2019
Marc F. Lovecchio
Criminal:
Appeal; reasonableness of sentence; sentencing factors; failure to address his substance abuse issues; severity of conduct; danger to public
(grossnickle032519L)
(Posted: April 12th 2019)
Commonwealth vs. Hines
4.11.2019
Marc F. Lovecchio
Civil:
Suppression motion; knowing, intelligent and voluntary waiver of Miranda rights; impairment by drugs and mental health issues; evidentiary support for claims; totally of circumstances; evaluation of appearance of defendant in video
(Hines041119L)
(Posted: April 12th 2019)
Guffy Estate
3.26.2019
Eric R. Linhardt
Wills and Estates:
Petition to compel; interpretation of trust agreement; coordinate jurisdiction rule
(Guffy032619Li)
(Posted: April 12th 2019)
Commonwealth vs. Lopez
4.4.2019
Marc F. Lovecchio
Criminal:
Appeal; vague statement of errors complained of on appeal; sufficiency of evidence of delivery of fentanyl to confidential informant
(lopez040419L)
(Posted: April 11th 2019)
Commonwealth vs. Vassallo
4.4.2019
Marc F. Lovecchio
Criminal:
Commonwealth appeal; determination of sexually violent predator status; constitutionality of statute; punitive effect of SORNA; ex post facto law; burden of proof
(vassallo040419L)
(Posted: April 11th 2019)
Commonwealth vs. Carter
4.3.2019
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause to search home; four corners of the affidavit; uncorroborated hearsay; right to disclosure of identity of confidential informant
(carter040319L)
(Posted: April 3rd 2019)
Commonwealth vs. Walters
4.3.2019
Marc F. Lovecchio
Criminal:
Appeal; sentencing discretion; consideration of particular circumstances of the offense and character of defendant; failure of rehabilitative efforts
(Walters040319L)
(Posted: April 3rd 2019)
Commonwealth vs. Hall
4.3.2019
Marc F. Lovecchio
Criminal:
Appeal; sentencing discretion; consideration of particular circumstances of offense and character of defendant; volume discounts for crimes
(Hall040319L)
(Posted: April 3rd 2019)
Commonwealth vs. Garman
3.28.2019
Marc F. Lovecchio
Criminal:
Suppression motion; voluntariness of blood draw based on consent form; reasonable suspicion of a traffic violation; vehicle weaving back and forth within lane and drifting left on slight turns
(Garman032819BT)
(Posted: March 28th 2019)
Commonwealth vs. Castro
3.26.2019
Marc F. Lovecchio
Criminal:
Post-sentence motions; reasonableness of sentence; convictions of multiple sex offenses against children; repeat offender; remorse; incorrect grading of an offence; sufficiency of evidence; requirements for indecent contact; evidence of penetration
(Castro032619L)
(Posted: March 26th 2019)
Commonwealth vs. Villaneuva
3.14.2019
Marc F. Lovecchio
Criminal:
Appeal; claimed unreasonable and excessive sentence; revocation of probation and imposition of prison sentence; duty of court to follow sentencing recommendation of probation office; violation of conditions of parole; refusal to follow treatment drug recommendations
(Villanueva031419L)
(Posted: March 26th 2019)
Administrative Appeal:
Petition to set aside tax sale; failure to pay taxes or set up payment plan before tax upset sale
(Allen032219Li)
(Posted: March 26th 2019)
Commonwealth vs. Grossnickle
3.25.2019
Marc F. Lovecchio
Criminal:
Motion to dismiss for violation of compulsory joinder statute; charges based on same criminal conduct or arising from same criminal episode; common issues of law or fact; dependence on same evidence
(grossnickle032519L)
(Posted: March 26th 2019)
Commonwealth vs. Lowmiller
3.14.2019
Marc F. Lovecchio
Criminal:
Motion to withdraw guilty plea; discretion of the court; fair and just reason; prejudice
(Lowmiller031419L)
(Posted: March 20th 2019)
Commonwealth vs. Kinney
3.14.2019
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel; failure to introduce victim's medical records or medical expert testimony; failure to demonstrate merit of issue; prejudice; failure to introduce evidence of lack of photo array identification; basis to object to DNA evidence; claimed prosecutorial misconduct; failure to call adverse witnesses; failure of counsel to request charge on accomplice as corrupt an polluted source; failure to preserve issues on appeal where appeal court addressed the merits of the issues
(kinney031419L)
(Posted: March 18th 2019)
Civil:
Preliminary objections; authority of wife to waive husband's right to a file suit; alleged profit maximization as impertinent or scandalous matter; negligence per se for violation of statute relating to neglect of care-dependent person; specificity of allegations; viability of claim of breach of fiduciary duty between a nursing home and its patient; special relationship; punitive damages; intentional widespread understaffing
(Stetts031519Li)
(Posted: March 16th 2019)
Smith vs. Barto
3.15.2019
Eric R. Linhardt
Civil:
Reconsideration motion; exclusion of witness testimony for failure to comply with discovery order; counsel's inability to provide specifics as to the witnesses' anticipated testimony; failure to articulate reason for ignoring discovery deadlines
(Barto031519Li)
(Posted: March 16th 2019)
Civil:
Quiet title action; adverse possession of rights-of-way; intention to abandon, accompanied by external acts by which the intention is carried out; sufficiency of nonuse alone
(Swift031519Li)
(Posted: March 16th 2019)
Criminal:
Post-conviction relief act petition; jurisdiction of the court; Muntz; retroactive rights exception
(Satterfield031419BT)
(Posted: March 16th 2019)
Criminal:
Post sentence motion; unreasonable and excessive sentence; standard range; sentence consecutive to sentence inmate already serving; seriousness of offense; weight of the evidence; believability of witnesses over self serving statements of defendant
(Gallashaw031419BT)
(Posted: March 16th 2019)
Commonwealth vs. Steadley
3.14.2019
Nancy L. Butts
Criminal:
Motion to dismiss for rule 600 violation; time computation; delays attributable to Commonwealth
(Steadley031419BT)
(Posted: March 16th 2019)
Commonwealth vs. Walker
3.8.2019
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case for possession of contraband; constructive possession; suppression motion; reasonable suspicion of a traffic violation to stop vehicle; marijuana odor emitted from vehicle; turn signal violation
(Walker030819BT)
(Posted: March 9th 2019)
Commonwealth vs. McBryan
3.7.2019
Marc F. Lovecchio
Criminal:
Tender years motion; admissibility of out-of-court statement by a child victim; sufficient indicia of reliability of child's statement; defendant's confrontation rights; testimonial nature of child's statements; statements made in connection with medical treatment
(mcbryan030719L)
(Posted: March 7th 2019)
Criminal:
Post conviction relief act petition; ineffective counsel; failure to object to hearing impaired juror; factual support for claim
(Williams030519BT)
(Posted: March 7th 2019)
EGW vs. BD, JoD and JaD
3.6.2019
Joy Reynolds McCoy
Custody, Adoption:
Preliminary objections to custody claim; Uniform Child Custody Jurisdiction Act; child transported to another state after birth without consent of father; notice to father of foreign court action; heroic efforts by bather to gain access to and custody of child; determination of home state of child
(EGW030619m)
(Posted: March 6th 2019)
Commonwealth vs. Shields
2.20.2019
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion for traffic stop for non-operating tail lights
(Shields022019BT)
(Posted: February 20th 2019)
Commonwealth vs. Loyal
2.19.2019
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion to make traffic stop; vehicle code violation for rolling top at stop sign
(Loyal021919BT)
(Posted: February 20th 2019)
TAM Adoption
2.13.2019
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; failure to exercise agreed custody rights; incarceration; ability to contact child and lack of obstacles imposed by custodial parent; no existing bond
(AdoptionofTAM021319m)
(Posted: February 13th 2019)
JWB and RDB Adoption
2.11.2019
Joy Reynolds McCoy
Adoption:
Appeal
(AdoptionofJWBandRDB021119m)
(Posted: February 13th 2019)
Civil:
Preliminary objections; insufficiency of facts to prove breach of a fiduciary duty; comparative negligence pleaded as a cause of action; claim for attorney fees for dilatory, obdurate or vexatious conduct
(Figured021219Li)
(Posted: February 12th 2019)
Cook vs. Smith
2.12.2019
Eric R. Linhardt
Civil:
Summary judgment motion; inmate procedures for sending money between inmates; exhaustion of administrative remedies; compliance with rules for transferring money
(Cook021219Li)
(Posted: February 12th 2019)
Civil:
Non-jury trial; landlord-tenant dispute; late payment of rent; adequacy of notice; breach of the agreement ; applicability of pay-and-stay; right to possession
(House021219Li)
(Posted: February 12th 2019)
Civil:
Preliminary objections and motion to strike or open judgment; timeliness of motion; merits of excuse; filing of preliminary objections after the judgment was taken, before the motion to open was filed; claimed non-receipt of notices of default where evidence showed that they were mailed
(Eurooptics020819Li)
(Posted: February 12th 2019)
MK & DK Adoption
2.12.2019
Eric R. Linhardt
Adoption:
Appeal; denial of voluntary relinquishment request after evidence presented at involuntary termination hearing; court discretion
(InreMKDK021219Li)
(Posted: February 12th 2019)
Commonwealth vs. Johnson
2.12.2019
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion for traffic stop; observed violations; probable cause for arrest with admission to having Suboxone in vehicle; search incident to arrest; joint constructive possession
(Johnson021219BT)
(Posted: February 12th 2019)
Commonwealth vs. Whaley
2.11.2019
Marc F. Lovecchio
Criminal:
Habeas corpus petition; prima facie case of possession with intent to deliver; evidence of large amount of cash, presence of weapons and marijuana in multiple locations with large vacuum sealed bag containing smaller individual bags; suppression motion; home search; protective sweep to secure scene after probable cause established; seizure of firearms and currency not specifically identified in search warrant; notice of items to be seized
(Whaley021119BT)
(Posted: February 11th 2019)
Commonwealth vs. Ross
2.11.2019
Marc F. Lovecchio
Criminal:
Motion to permit testimony by contemporaneous alternative method; child rape case; evidence of severe emotional distress significantly impairing the victim's ability to communicate
(Ross021119L)
(Posted: February 11th 2019)
Commonwealth vs. Hunter
2.7.2019
Marc F. Lovecchio
Criminal:
Post-sentence motion; weight of the evidence; circumstantial evidence that a simple assault occurred and that defendant committed it
(Hunter010719L)
(Posted: February 7th 2019)
JDS & JMS Adoption
1.31.2019
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; non-appearance of defendant; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; failure to exercise court awarded custody rights; ability to contact child and lack of obstacles imposed by custodial parent; no existing bond
(AdoptionofJDSandJMS013119m)
(Posted: February 4th 2019)
Smith v Barto
1.18.2019
Eric R. Linhardt
Civil:
Consolidation motion; identical facts; need to reopen discovery; preliminary objection to easement by necessity claim; pleading missing essential element; leave to amend
(Barto011819Li)
(Posted: January 25th 2019)
Commonwealth vs. Brown
1.23.2019
Nancy L. Butts
Civil:
Habeas corpus petition; prima facie case of disorderly conduct; resisting arrest and obstruction of justice; minor scuffle with police officer; verbal interference with police officer's arrest of third party
(Brown012319BT)
(Posted: January 24th 2019)
Civil:
Preliminary objections; specificity of complaint; general allegation of agency without tethering facts to specific people; ambiguities associated with language of "including but not limited to"; sufficiency of facts to claim punitive damages
(Shaheen012219Li)
(Posted: January 22nd 2019)
Commonwealth vs. Sanders
1.15.2019
Marc F. Lovecchio
Criminal:
Motion to dismiss; issue concerning sufficiency of prima facie case where defendant waives preliminary hearing; validity of warrant for blood alcohol test where defendant not arrested for DUI
(sanders011519L)
(Posted: January 22nd 2019)
MK & DK Adoption
1.8.2019
Eric R. Linhardt
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; incarceration of a parent; agency services; failure of parent to appear at hearing; no existing bond
(MKDK010819Li.)
(Posted: January 19th 2019)
Commonwealth vs. Sears
1.17.2019
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; claimed ineffective counsel; duty of counsel to discuss with defendant the extent of his exposure to more serious charges, if he doesn't plead guilty; proper remedy for ineffectiveness
(sears011719L)
(Posted: January 17th 2019)
Commonwealth vs. Burrows
1.16.2019
Marc F. Lovecchio
Criminal:
Motion to dismiss; de minimus charge; extenuations due to poverty, disability and mental health; prosecution for theft of items for children
(burrows011619L)
(Posted: January 16th 2019)
Civil:
Motions in limine; overlapping expert testimony; corroborative and not cumulative testimony; motions rendered moot by agreement to limit testimony
(Dimaio011419Li)
(Posted: January 15th 2019)
Civil:
Preliminary objections; Whistleblower Protection Lawl; definition of a public body; factual specificity
(pepper011419Li)
(Posted: January 15th 2019)
Commonwealth vs. Entz
1.11.2019
Nancy L. Butts
Criminal:
Motion to dismiss; reinstatement of nol prossed charges; double jeopardy; defendant's satisfaction of obligations under stipulation; statute of limitations
(Entz01119BT)
(Posted: January 15th 2019)
Commonwealth vs. Spurell
1.10.2019
Nancy L. Butts
Criminal:
Suppression motion legality of pat-down search; plain feel doctrine; testimony at odds with MVR video
(Spurell11019BT)
(Posted: January 12th 2019)
Commonwealth vs. Hammaker
1.11.2019
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; legality of sentence for felony criminal mischief; waiver of claims; revocation of probation sentence before defendant begins to serve it; claimed double jeopardy violation where defendant is resentenced for violation of condition of supervision; jurisdiction of court to revise sentence more than 30 days after it was entered where condition of probation was violated
(Hammaker011119L)
(Posted: January 12th 2019)
McDaniel vs. Wetzel
1.11.2019
Marc F. Lovecchio
Criminal:
Petition for habeas corpus ad subjiciendum; jurisdiction of the court; legality of continued incarceration; aggregation of consecutive sentences; request to proceed in forma pauperis where action is in the nature of a civil action; frivolous claim
(McDaniel011119L)
(Posted: January 12th 2019)
Civil:
Motion for summary judgment; ownership of sub-surface property rights; failure to inform the county commissioners of a severance of subsurface rights; rights extinguished in tax sale; invitation to rely on speculation of notification of county commissioners; motion to strike judgment; coordinate jurisdiction rule; mootness
(keta102218Li)
(Posted: January 10th 2019)