Criminal:
Post conviction relief act petition; SORNA registration requirement issue; ex post facto law; timeliness; new constitutional right exception; retroactive application' waiver
(Copenhaver092018BT)
(Posted: September 21st 2018)
Commonwealth vs. Girardi
9.20.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; SORNA registration requirement issue; ex post facto law; timeliness; new constitutional right exception; retroactive application
(Giardi092018BT)
(Posted: September 21st 2018)
Criminal:
Petition to vacate SVP designation; post conviction relief act; SORNA registration requirement issue; ex post facto law; timeliness; new constitutional right exception; retroactive application
(Lowmiller092018BT)
(Posted: September 21st 2018)
Commonwealth vs. Harrold
9.20.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; SORNA's registration requirements issue; ex post facto law; timeliness; new constitutional right exception; retroactive application
(Harrold092018BT)
(Posted: September 21st 2018)
Criminal:
Appeal of district attorney denial of private criminal complaint; discretion of the district attorney; showing of bad faith, fraud or unconstitutionality
(miller092118L)
(Posted: September 21st 2018)
Commonwealth vs. Beiler
9.21.2018
Marc F. Lovecchio
Criminal:
Habeas corpus petition (post conviction relief act petition); SORNA's registration requirements issue; ex post facto law; timeliness; new constitutional right exception; retroactive application
(Beiler092118L)
(Posted: September 21st 2018)
Commonwealth vs. Williams
9.21.2018
Marc F. Lovecchio
Criminal:
Suppression motion; conversation between trooper and incarcerated person; non-custodial dialogue; discovery requests
(williams092118L)
(Posted: September 21st 2018)
Commonwealth vs. Showers
9.21.2018
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; SORNA's registration requirements issue; ex post facto law; timeliness; new constitutional right exception; retroactive application' waiver; mootness; contemporaneous pro se petition; hybrid representation; failure to object to tainted testimony of child
(Showers092118L)
(Posted: September 21st 2018)
Commonwealth vs. Lafayette
9.21.2018
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; SORNA's registration requirements issue; ex post facto law; timeliness; new constitutional right exception; retroactive application
(Lafayette092118L)
(Posted: September 21st 2018)
Commonwealth vs. Clay
9.20.2018
Marc F. Lovecchio
Criminal:
Consolidation motion; drug offenses; evidence of each offense admissible in separate trial for the other and capable of separation by the jury
(Clay092018L)
(Posted: September 21st 2018)
Commonwealth vs. Burks
9.19.2018
Nancy L. Butts
Criminal:
Suppression motion; mere encounter vehicle stop; vehicle occupant not free to leave; K9 vehicle sniff; reasonable suspicion; parole officer search; "stalking horse" capacity; reasonable suspicion a parole violation is occurring; consent to search; independent investigation by parole officer; incorrect address on search warrant
(Burks091918BT)
(Posted: September 19th 2018)
Commonwealth vs. Williams
9.14.2018
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case of possession of controlled substances; constructive possession; evidence linking defendant to room where drugs were located
(Williams0914BT)
(Posted: September 16th 2018)
Commonwealth vs. Hill
9.12.2018
Marc F. Lovecchio
Criminal:
Motion to modify sentence; claimed failure to consider mitigating factors; severity of criminal offences and continuation of criminal behavior after release; protection of the public; failure to take advantage of opportunities to change behavior
(Hill091218L)
(Posted: September 16th 2018)
Commonwealth vs. Breeland
9.12.2018
Marc F. Lovecchio
Criminal:
Suppression motion; required approval of Commonwealth attorney under local rule L202; entitlement to relief for violation of local rule; proof of actual prejudice
(breeland091218L)
(Posted: September 16th 2018)
Commonwealth vs. Coleman
9.11.2018
Nancy L. Butts
Criminal:
Motion to amend information to refer to .22 Ruger; change to charges or elements to be proven; rule 600 motion; calculation of excludable time; time habeas corpus motion pending
(Coleman091118BT)
(Posted: September 16th 2018)
Commonwealth vs. Policastro
9.11.2018
Marc F. Lovecchio
Criminal:
Letter from prisoner treated as post conviction relief act petition; timeliness; previously litigated issue; waiver
(Policastro091118L)
(Posted: September 16th 2018)
Van Horn Estate
9.10.2018
Nancy L. Butts
Wills and Estates:
Claim against estate for personal care services; personal care agreement; confidential relationship; burden to prove absence of fraud and that transaction was fair and equitable
(VanHorn091018)
(Posted: September 16th 2018)
Criminal:
Appeal while post trial motion is pending; time for filing an appeal
(Nottingham090618BT)
(Posted: September 7th 2018)
Commonwealth vs. Houston
9.6.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; merit of request for reduced sentence because it was a long time
(Houston090618bt)
(Posted: September 6th 2018)
Commonwealth vs. Clay
8.31.2018
Nancy L. Butts
Criminal:
Post sentence motion; competency to plead guilty; knowing, intelligent, voluntary plea; observations by the court during plea process
(Clay083118bt)
(Posted: September 4th 2018)
Commonwealth vs. Partney
8.30.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; retroactive application of Muniz case to SORNA convictions
(Partney083018BT)
(Posted: August 30th 2018)
Commonwealth vs. Hoyt
8.30.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; after-discovered evidence argument based on the holding in Alleyne and information in an an article; waiver
(Hoyt083018BT)
(Posted: August 30th 2018)
Commonwealth vs. Stone
8.29.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness of challenge to SORNA; claim of interference of government officials by failing to provide notification of cases decided nearly 2 decades after sentence; new cases not constituting newly discovered evidence; retroactive application of new case to completed sentences
(Stone082918)
(Posted: August 29th 2018)
Commonwealth vs. Miller
8.29.2018
Nancy L. Butts
Criminal:
Objections to court's notice of intention to dismiss post conviction relief act petition; timeliness; petition filed within 60 days of the Superior Court's decision in Commonwealth v. Rivera-Figueroa; statutory exceptions; retroactive application
(Miller082918)
(Posted: August 29th 2018)
Civil:
Preliminary objections; intentional infliction of emotional distress; contemporaneous observation of events; intentional or reckless conduct; doctor's duty to notify police about state of body; discretion of coroner to conduct an investigation; duty of police to investigate death; negligent infliction of emotional distress; contractual or fiduciary relationship with plaintiff; physical impact or in the zone of danger; high public official immunity of police chief and deputy chief coroner; actions or inactions within official duties; governmental immunity; affirmative defenses; willful misconduct; statute creating a private remedy; captioning issues
(Richardson082818bt)
(Posted: August 29th 2018)
Commonwealth vs. Black
8.27.2018
Nancy L. Butts
Criminal:
Suppression motion; entry into home without warrant; investigation of call for shots fired, along with observation of broken home window; reasonable belief
(Black082718bt)
(Posted: August 27th 2018)
Commonwealth vs. Alford
8.27.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel; transfer of murder case to juvenile court; transfer in the public interest; 50 year sentence as de facto life sentence; court sentencing discretion
(Alford082718bt)
(Posted: August 27th 2018)
Commonwealth vs. Wagner
8.24.2018
Marc F. Lovecchio
Criminal:
Appeal; manifestly excessive sentence after probation violation; sentencing discretion; continued use of controlled substances and commission of crimes
(wagner082418L)
(Posted: August 25th 2018)
Criminal:
Motion to modify sentence treated as post conviction relief act petition; timeliness; SORNA registration for pre 1996 offenders
(Satterfield0822bt)
(Posted: August 22nd 2018)
Commonwealth vs. Peterson
8.22.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; voluntary, knowing, and intelligent guilty plea; confirmation of intent at guilty plea hearing
(Peterson0822bt)
(Posted: August 22nd 2018)
Commonwealth vs. Wheeler
8.16.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; manifest injustice; knowingly, intelligently, voluntarily, and understandingly entering into a guilty plea; potential eligibility for RRRI; waiver during guilty plea
(Wheeler0816bt)
(Posted: August 17th 2018)
Commonwealth vs. Wilcox
8.15.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness
(Wilcox0815bt)
(Posted: August 15th 2018)
Commonwealth vs. Sterner
8.15.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; coerced guilty plea; knowing, voluntary, and intelligent plea
(Sterner0815bt)
(Posted: August 15th 2018)
Commonwealth vs. Vinson
8.14.2018
Nancy L. Butts
Criminal:
Appeal; sentencing complaint
(Vinson0814bt)
(Posted: August 14th 2018)
Commonwealth vs. Rawls
8.10.2018
Nancy L. Butts
Criminal:
Suppression motion; knowing and voluntary waiver of Miranda rights before being advised of magnitude charges; length of interrogation where defendant provided with multiple breaks and food; renewal of interrogation process requiring repetition of Miranda warnings; disclosure of promises of immunity, leniency, or preferential treatment and criminal history of Commonwealth witnesses
(RAWLS081018b)
(Posted: August 13th 2018)
Commonwealth vs. Winters
8.10.2018
Nancy L. Butts
Criminal:
Appeal; sentencing discretion; consideration of defendant's need for rehabilitation; exhaustion of all county-level efforts at rehabilitation
(Winters081018BT)
(Posted: August 10th 2018)
Civil:
Preliminary objections; claim for malicious prosecution for violation of civil rights; conviction in underlying criminal case as conclusive evidence of probable cause to prosecute claim; res judicata
(deraffele081018a)
(Posted: August 10th 2018)
Commonwealth vs. Meckley
8.7.2018
Marc F. Lovecchio
Criminal:
Appeal; claimed unduly harsh and excessive probation violation sentence; waiver by failure to state specific reasons for belief that sentence was excessive; continuous violation of conditions of supervision by using controlled substances; purpose of sentence to try to save defendant's life and break his cycle of substance abuse
(Meckley080718L)
(Posted: August 7th 2018)
Commonwealth vs. Alford
8.1.2018
Marc F. Lovecchio
Criminal:
Appeal; claimed unduly harsh and excessive probation violation sentence; waiver by failure to state specific reasons for belief that sentence was excessive; purpose of sentence to attempt to rehabilitate defendant and to protect the community
(alford080118L)
(Posted: August 7th 2018)
Commonwealth vs. Davis
8.6.2018
Marc F. Lovecchio
Criminal:
Appeal; claimed excessive sentences upon violation of probation; refusal to take mental health medication and engaging in altercation with her cellmate; numerous failed opportunities short of state prison sentence
(davis080618L)
(Posted: August 6th 2018)
Commonwealth vs. Johnson
8.6.2018
Marc F. Lovecchio
Criminal:
Commonwealth's motion to assign a different issuing authority; concurrent jurisdiction of common pleas court; plenary powers of court over assignment of issuing authorities; consideration by issuing authority of facts related to a defense that negate the existence of a prima facie case; bias against the Commonwealth; due process concerns that warrant the assignment of different MDJ; potential of different testimony from witness in second hearing, due to lack of outside influences
(johnson080618L)
(Posted: August 6th 2018)
Commonwealth vs. Clay
7.31.2018
Marc F. Lovecchio
Criminal:
Suppression motion; reasonable suspicion for canine search of vehicle where defendant, a known heroin dealer, who was known to have association with a local gang that trafficked in drugs, and who recently sold heroin to a confidential informant, was in a drug trafficking area and acted suspiciously; probable cause for search of vehicle where canine "alerted" to vehicle; impact of premature detention, where no search of defendant's person was conducted and no evidence was obtained during detention
(clay073118L)
(Posted: August 3rd 2018)
KCG Adoption
8.2.2018
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
(AdoptionofKCG080218m)
(Posted: August 3rd 2018)
Commonwealth vs. Smeal
7.30.2018
Marc F. Lovecchio
Criminal:
Post sentence motion; failure to tegister sex offender`s address; waiver on appeal of issues not raised in lower court; impact of new laws on defendant`s obligation to register
(Smeal073018L)
(Posted: July 31st 2018)
Commonwealth vs. Moore
7.30.2018
Marc F. Lovecchio
Criminal:
Motion to dismiss; waiver or preliminary hearing; waiver of challenges to sufficiency of evidence;; suppression of claimed coerced confession; inclusion of prior inchoate offences to grade retail theft; grade of receiving charge
(Moore073018L)
(Posted: July 30th 2018)
Commonwealth vs. Kelce
7.30.2018
Marc F. Lovecchio
Criminal:
Motion to dismiss; rule 600; notification of charges; failure to appear; due diligence; proper proof of service by mail
(Kelce073018L)
(Posted: July 30th 2018)
Commonwealth vs. Vassallo
7.30.2018
Marc F. Lovecchio
Criminal:
Motion in limine; prior bad acts; separate sexual assaults of minors; relationship to issues raised in severance motion; evidence of a common scheme or plan; prejudice
(VASSALLO073018L)
(Posted: July 30th 2018)
A.W Adoption
7.25.2018
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; ability to contact child and lack of obstacles imposed by custodial parent; no existing bond
(AdoptionofAW072518m)
(Posted: July 26th 2018)
Commonwealth vs. Frierson
7.23.2018
Nancy L. Butts
Criminal:
Post-trial motions in murder case; missing witness charge; witness not available to or within the control of Commonwealth; witness equally available (or unavailable) to both parties; court's refusal to allow witness to testify about irrelevant material; requirement for a Frye hearing where there is no evidence the gunshot residue test is novel science; sufficiency of the evidence to support verdict; claimed excessive and inconsistent sentence; need for a hearing to determine whether the jury should have heard about possible favorable treatment for a witness on pending criminal charges
(Frierson07232018bt)
(Posted: July 23rd 2018)
Criminal:
Consolidation motion in murder case; offenses based on same acts or transactions; antagonistic defenses; violation of 6th amendment rights by use of statements of defendants; Rule of Completeness; judicial economy; opportunity at trial to test voluntariness of statement; prejudice to one defendant by playing video of interrogation of the other
(ColemanRawls07232018bt)
(Posted: July 23rd 2018)
SBB vs. JEB-S
7.17.2018
Joy Reynolds McCoy
Custody:
Custody modification; school attendance issue; ability of schools to provide hearing assistance to child; convenience of parents for transportation; weight of preference of 10 year-old child; minimal supporting evidence
(sbb071718m)
(Posted: July 18th 2018)
Commonwealth vs. Price
7.18.2018
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel; previously litigated claim; claimed coerced plea, where written plea colloquy and hearing record bely the claim; claim that counsel refused to withdraw plea, where no reason to withdraw plea is stated
(Price071818L)
(Posted: July 18th 2018)
ARH Adoption
7.16.2018
Dudley N. Anderson
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; ability to contact child and lack of obstacles imposed by custodial parent; no existing bond
(AdoptionofAH071618A)
(Posted: July 18th 2018)
Commonwealth vs. Bean
7.17.2018
Marc F. Lovecchio
Criminal:
Forfeit of right to counsel; letters to the court that include offensive slights and insults of interminable repetition; failure of standby counsel to respond to contacts; admission of exhibits enclosed with letter; freedom of speech; impact of insults on court's ability to preside at hearing
(bean071718L)
(Posted: July 17th 2018)
Commonwealth vs. Cassidy
7.16.2018
Marc F. Lovecchio
Criminal:
Motion to modify or vacate sentence; post conviction relief act petition; exclusive jurisdiction of the parole board; timeliness of motion
(Cassidy071618L)
(Posted: July 16th 2018)
Commonwealth vs. Barnes
7.12.2018
Marc F. Lovecchio
Criminal:
Suppression motion; reasonable suspicion or probable cause to stop pedestrian; suspicion of foiled drug transaction; probable cause for disorderly conduct; suspicion that defendant was armed and dangerous; habeas corpus petition; receiving charge where defendant claims lack of knowledge that gun was stolen; flight and concealment as consciousness of guilt; prima facie case of disorderly conduct by recklessly creating the risk of public inconvenience, annoyance or alarm for running from police while carrying a cocked, loaded firearm in the waistband of pants
(barnes071218L)
(Posted: July 12th 2018)
Commonwealth vs. Davis
6.27.2018
Marc F. Lovecchio
Criminal:
Suppression motion; DUI arrest; consent to blood draw; probable cause to arrest with evidence of erratic driving and driver leaving the scene of accident and then running on approach of fire company officials, including swimming a high and cold creek; totality of circumstances
(davis062718L)
(Posted: July 9th 2018)
Commonwealth vs. Smith
6.26.2018
Marc F. Lovecchio
Criminal:
Suppression motion; suggestive photographic array; reliability under totality of the circumstances; suppression of in-court identification
(smith062618L)
(Posted: July 9th 2018)
Commonwealth vs. Steele
7.2.2018
Nancy L. Butts
Criminal:
Appeal; sufficiency of evidence of involuntary deviate sexual intercourse; evidence of forcible compulsion
(Steele070218bt)
(Posted: July 9th 2018)
Commonwealth vs. Taylor
6.25.2018
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle search; investigatory detention in high narcotics trafficking area, at gas station where no one was pumping gas, with fogged up windshield, where individuals hastily left car and first ignored officer; reasonable suspicion to detain
(Taylor062518L)
(Posted: July 9th 2018)
Commonwealth vs. Williams
6.25.2018
Marc F. Lovecchio
Criminal:
Motion to reconsider summary dismissal of untimely motion to dismiss; late discovery responses; availability of facts in support of the motion, without additional discovery material
(williams062518L)
(Posted: July 9th 2018)
Commonwealth vs. Willits
6.27.2018
Marc F. Lovecchio
Criminal:
Nunc pro tunc suppression motion; vehicle stop; DUI arrest; voluntariness of blood draw; credibility of testimony
(Willits062718L)
(Posted: July 9th 2018)
Civil:
Preliminary objections to counterclaim; quiet title action; Guaranteed Minimum Royalty Act; objections to claims involving other parties
(southwesternpo's121812a)
(Posted: July 9th 2018)
Commonwealth vs. Cranmer
6.28.2018
Nancy L. Butts
Criminal:
Suppression motion; hit and run accident; seizure of vehicle in parking lot of apartment building; reasonable expectation of privacy; independent source doctrine; inevitable discovery; independent source doctrine
(Cranmer062818bt)
(Posted: June 28th 2018)
Civil:
Non-jury trial; boundary line dispute; order of precedence in methods used to determining boundaries; comparing expert opinions; doctrine of consentable line; acquiescence; parties recognizing and acquiescing in poster line as defining boundary between two properties; failure to object constituting acquiescence
(Goodwill061318Li)
(Posted: June 13th 2018)
DAD vs. AL
6.12.2018
Joy Reynolds McCoy
Family:
Appeal; timeliness; failure to timely file and serve concise statement; waiver of issues for appeal
(dad061218m)
(Posted: June 12th 2018)
Rhinehart vs. PennDOT
6.11.2018
Nancy L. Butts
Criminal:
License suspension appeal; commercial motor vehicle licensed driver; incorrect warning for revocation of operating privileges or the disqualification of commercial driving privileges; knowing or intelligent waiver; suspension of an operating privilege under Pennsylvania Implied Consent Law; reasonable grounds to believe driver was operating vehicle while under the influence of a controlled substance
(rhinehart061118bt)
(Posted: June 11th 2018)
Commonwealth vs. Sturgis
6.11.2018
Marc F. Lovecchio
Criminal:
Suppression motion; timeliness; interests of justice; knowledge of facts that support motion within required time; merits not apparent; reasonable suspicion for pat down search
(Sturgis061118L)
(Posted: June 11th 2018)
Commonwealth vs. Martz
6.11.2018
Marc F. Lovecchio
Criminal:
Contest of restitution order; burden of proof; failure to present witnesses at hearing
(martz061118L)
(Posted: June 11th 2018)
Adoption:
Agency petition for termination of parental rights; settled purpose to relinquish parental claim to a child or fails to perform parental duties for at least six months prior to the filing of the termination petition; incarcerated parent; merely passive interest in the development of ones children; incarceration as incapacity which has caused the children to be without essential parental care, control or subsistence necessary for their physical or mental well-being; bond existing between the child and parent; effect of parent's own feelings of love and affection for child
(DD061118Li)
(Posted: June 11th 2018)
Commonwealth vs. Rawles
6.8.2018
Nancy L. Butts
Criminal:
Motion to compel comprehensive response to bill of particulars; claimed woefully inadequate response; purpose of a bill of particulars; request for Commonwealth to divulge each element of charges; discovery request aimed at the Commonwealth's evidence and theory of the case
(Rawles060818bt)
(Posted: June 8th 2018)
Commonwealth vs. Applegate
6.7.2018
Marc F. Lovecchio
Criminal:
Commonwealth's motion in limine; sufficiency of self-defense/justification proffer; facing clear and imminent harm; legal alternative to use of force; duty to retreat while in illegal possession of a firearm
(Applegate060718L)
(Posted: June 7th 2018)
Commonwealth vs. Haines
6.7.2018
Nancy L. Butts
Criminal:
Suppression motion; defendant not advised by police officer of constitutional right to refuse a blood draw unless a warrant was first obtained or that he could speak to counsel; knowing, intelligent or voluntary consent to blood draw; totality of circumstances
(Haines060718)
(Posted: June 7th 2018)
Commonwealth vs. Steele
6.7.2018
Nancy L. Butts
Criminal:
Appeal; sufficiency of evidence of involuntary deviate sexual intercourse; forcible compulsion; evidence viewed in light most favorable to Commonwealth; lack of transcript to review evidence
(Steele060718bt)
(Posted: June 7th 2018)
Criminal:
Motion to vacate order sexually violent predator hearing; constitutionality of new two-track registration program; punitive effect; exemption to registration process that is largely fanciful with changes being illusory at best; determination by a factfinder via a beyond the reasonable doubt standard
(Carpenter060418L)
(Posted: June 4th 2018)
In the interest of JSZ
6.4.2018
Joy Reynolds McCoy
Criminal:
Commonwealth appeal; remand to supplement the record due to Commonwealth's failure to timely file a rule 1925(b) statement
(InReJZ060418m)
(Posted: June 4th 2018)
Administrative Appeal:
Appeal of local agency determination; claim for back pay and benefits; due process requirements; issues addressed during pre-deprivation (Loudermill) hearing; effect of notice of dismissal coming from administrator, rather than school board; sufficiency of the detail in notice of termination; procedural due process requirements
(Smith060118Li)
(Posted: June 1st 2018)
Commonwealth vs. Adkins
6.1.2018
Marc F. Lovecchio
Criminal:
Commonwealth appeal; reasonable efforts to serve arrest warrant; conclusory statement by police officer that officers attempted to serve warrant outside territorial limits of their primary jurisdiction; basis of knowledge
(Adkins060118L)
(Posted: June 1st 2018)
RL, III Adoption
5.31.2018
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; child has been removed from the care of the parent by the court; failure to utilize all resources available to imprisoned father; no relationship between the child and father
(AdoptionofRL053118m)
(Posted: May 31st 2018)
Civil:
Petition to strike or open judgment to quiet title to the subsurface rights; service by publication; the lack of indispensable party; subject matter jurisdiction; sufficiency of petition
(LaurelHill053018Li)
(Posted: May 30th 2018)
Commonwealth vs. Harvey
5.29.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; allegedly prejudicial remarks made by juror; credibility of testimony of witness to statement
(Harvey052918bt)
(Posted: May 29th 2018)
Civil:
Motion in limine; expert testimony; speculation; expert's use of hearsay, inadmissible statements; testimony about speculative explanations for patterns of behavior; testimony of an expert on subjects that do not require specialized knowledge is beyond that possessed by the average layperson; statement meant to inflame the jury; prejudice; expert opinion that defendant was "negligent or reckless"
(Heim052418Li)
(Posted: May 24th 2018)
Civil:
Motion in limine; expert testimony; qualifications of expert to testify about standard of care; lack of experience in management or supervision of group home
(Heim052418Li2)
(Posted: May 24th 2018)
Civil:
Summary judgment motions; Mental Health Procedures Act and Mental Health and Mental Retardation Act of 1966 immunity; applicability to group home; showing of gross negligence or incompetence; issues for jury
(Heim052418Li3)
(Posted: May 24th 2018)
Commonwealth vs. Long
5.24.2018
Marc F. Lovecchio
Criminal:
Suppression motion; question of whether an arrest occurred; probable cause for arrest; extendable baton as prohibited offensive weapon
(Long052518L)
(Posted: May 24th 2018)
Commonwealth vs. Sims
5.18.2018
Marc F. Lovecchio
Criminal:
Consolidation motion; judicial economy; common plan, scheme or design and to prove the identity of defendant as perpetrator; related deliveries of drugs; evidence capable of separation; prejudice; danger of cumulating evidence
(sims051818L)
(Posted: May 18th 2018)
Commonwealth vs. Miller
5.16.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Miller051618bt)
(Posted: May 16th 2018)
Commonwealth vs. Young
5.16.2018
Marc F. Lovecchio
Criminal:
Suppression motion; protective sweep of home during execution of arrest warrant; specific facts to justify a reasonable fear for safety of arresting officer
(young051618L)
(Posted: May 16th 2018)
Commonwealth vs. Bair
5.16.2018
Marc F. Lovecchio
Criminal:
Severance motion; prosecution for multiple burglaries; prejudice or confusion; judicial economy
(bair051618L)
(Posted: May 16th 2018)
Commonwealth vs. Kellam
5.16.2018
Marc F. Lovecchio
Civil:
Reconsideration of sentence; correctness of offense gravity score; Commonwealth's motion to amend sentence; failure to apply enhancement for possession of a deadly weapon
(Kellam051618L)
(Posted: May 16th 2018)
Commonwealth vs. Shaffer
5.15.2018
Marc F. Lovecchio
Criminal:
Post sentence motion; sexual offenses involving a child; sentencing factors including nature and circumstances of offenses, defendants history and characteristics, the court's observations, pre-sentence report, guidelines and other relevant information; lack of interest in rehabilitation; risk of re-offense; sentencing discretion; use of witness to authenticate statement made to another party; business record; use of unacknowledged statement for cross examination; evidence of reputation around children
(Shaffer051518L)
(Posted: May 15th 2018)
Commonwealth vs. Long
5.15.2018
Marc F. Lovecchio
Criminal:
Reconsideration motion regarding rejection of plea agreement; DUI second offense; acceptance of ARD as prior offense; plea agreement binding the court; obligation of the court to follow the law and impose mandatory sentence even though no party objects to a lower sentence
(long051518L)
(Posted: May 15th 2018)
Commonwealth vs. Harry
5.4.2018
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case of criminal use of a communication facility; constructive possession; totality of circumstances; authentication of text messages; suppression motion; manner of driving through high crime neighborhood; consented to encounter with police; cash discovered during pat down search that was not determined to be contraband
(Adrian5418bt)
(Posted: May 4th 2018)
Commonwealth vs. Scott
5.4.2018
Nancy L. Butts
Criminal:
Suppression motion; knowing and voluntary waiver of right to remain silent; conditions free of coercion; factors to determine voluntariness of consent for search
(Scott050418bt)
(Posted: May 4th 2018)
Commonwealth vs. Jones
5.3.2018
Marc F. Lovecchio
Criminal:
Suppression motion; search of residence; expectation of privacy in place searched
(jones050318L)
(Posted: May 3rd 2018)