Commonwealth vs. Moore
4.30.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; advising of appeal rights; factual determination
(Moore043018bt)
(Posted: April 30th 2018)
Commonwealth vs.Gardner
4.27.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel; failing to request a cautionary instruction for the use of visual aid during closing argument; issue litigated on direct appeal; cautionary instruction resulting in different outcome; prejudice
(Gardner42718bt)
(Posted: April 27th 2018)
Commonwealth vs. Mitchell
4.27.2018
Marc F. Lovecchio
Criminal:
Motion to preclude testimony at sentencing; voluntary manslaughter conviction; proof of other causes for accident; consideration of nature and circumstances of offense at sentencing; weight of evidence
(Mitchell042718L)
(Posted: April 27th 2018)
Commonwealth vs. Hamilton
4.24.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel; coerced guilty plea; knowing, voluntary and intelligent plea
(Hamilton04242018bt)
(Posted: April 24th 2018)
Administrative Appeal:
Motion to dismiss administrative appeal; modification to job title; entitlement to a hearing; property right in a job modification; "reputation" as a protected personal interest
(smith042418Li)
(Posted: April 24th 2018)
KWT Adoption
4.24.2018
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; no existing bond
(AdoptionofKWT42418m)
(Posted: April 24th 2018)
Civil:
Motion to preclude expert witnesses and for summary judgment; Frye standard; novel scientific evidence; generally accepted principles and methodology; weight of the expert opinion; expert qualifications; reasonable pretension to specialized knowledge on a subject
(erie042318Li)
(Posted: April 23rd 2018)
BAR Adoption
4.20.2018
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; definition of parental duties; effect of termination on the child's needs and welfare; no existing bond.
(AdoptionofBR042018m)
(Posted: April 20th 2018)
Civil:
Non-jury trial; installment contract claim; Guaranteed Asset Protection addendum; reliance on policy exclusion; burden of to prove applicability of insurance exclusion; violation of the Unfair Trade Practices and Consumer Protection Law; evidence of fraudulent or deceptive conduct
(AmeriCredit041818LN)
(Posted: April 18th 2018)
Commonwealth vs. Sanders
4.17.2018
Nancy L. Butts
Criminal:
Consolidation motion; multiple sales of heroin; similarity of cases so that they tend to show a common scheme; cases tend to establish identity of perpetrator; danger of confusion; possibility of prejudice and injustice; severance of person not to possess a firearm charges
(Sanders041718bt)
(Posted: April 17th 2018)
Commonwealth vs. Turner
4.13.2018
Nancy L. Butts
Criminal:
Suppression motion; vehicle stop; seizure of blood; search warrant; validity of consent; failure to advise of his constitutional right to counsel or right to remain silent when consent requested
(Turner041318bt)
(Posted: April 13th 2018)
Commonwealth vs. Noltee
4.11.2018
Dudley N. Anderson
Criminal:
Appeal; sufficiency of evidence of actual physical control of vehicle; mere presence in vehicle in state of_x000d_
intoxication; totality of circumstances
(noltee041118a)
(Posted: April 11th 2018)
Commonwealth vs. Jackson
4.6.2018
Nancy L. Butts
Criminal:
Habeas corpus petition; timeliness; prima facie case; reliance on hearsay evidence alone; circumstantial evidence of a crime
(Jackson040618bt)
(Posted: April 6th 2018)
Criminal:
Appeal; waiver of right to final probation violation hearing where offense was admitted at preliminary hearing; resentencing to prison where there were numerous violations of probation and county-level efforts at rehabilitation had been exhausted
(stackhouse040518Bt)
(Posted: April 5th 2018)
Commonwealth vs. Jones
4.5.2018
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case; evidence of possession of gun or drugs; constructive possession; totality of circumstances; circumstantial evidence
(Jones040518bt)
(Posted: April 5th 2018)
Commonwealth vs. Riera
4.5.2018
Nancy L. Butts
Criminal:
Post-conviction relief act petition; ineffective trial counsel; failure to call gun expert, where no issue to be addressed by expert was identified; evidence of defendant's reputation for truthfulness and as a law abiding person where no witnesses could be found; introducing prior consistent statement where credibility not challenged; failure to tell defendant he would testify at trial or to pursue specific lines of questioning; previously litigated issues; evidentiary hearing to determine factual disputes
(RIERA040518bt)
(Posted: April 5th 2018)
Commonwealth vs. Matlosz
4.4.2018
Marc F. Lovecchio
Criminal:
Discovery motion; victim's juvenile delinquency records; attacking credibility of victim; reasonable probability that discovery would lead to evidence that would exonerate defendant; information reported after juvenile proceedings concluded; defendant implicated in post-adjudication counselling session
(Matlosz040418L)
(Posted: April 4th 2018)
Commonwealth vs. Crippen
3.26.2018
Nancy L. Butts
Criminal:
Rule 600 motion for release on nominal bail; excludable time
(Crippen032618bt)
(Posted: March 28th 2018)
Commonwealth vs. Hall
3.28.2018
Marc F. Lovecchio
Criminal:
Timeliness of suppression motion; interests of justice; significant delay without good reason; meritorious issues; privacy interest in vehicle; waiver of habeas corpus challenge to sufficiency of evidence by filing boilerplate motion
(Hall032818L)
(Posted: March 28th 2018)
Commonwealth vs. Schenck
3.23.2018
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel; inconsistencies in witness's testimony; relevant cross examination; lack of prejudice
(Schenck032318L)
(Posted: March 25th 2018)
Forsburg vs. Geer
3.21.2018
Richard A. Gray
Civil:
Non-jury trial; right to exclusive possession of septic system; ejectment
(Forsburg032118g)
(Posted: March 21st 2018)
Commonwealth vs. Castro
3.20.2018
Marc F. Lovecchio
Criminal:
Second suppression motion; timeliness; waiver; interests of justice; fairness of delay in trial to victim; obviousness of the merits of the motion
(Castro032018L)
(Posted: March 20th 2018)
Commonwealth vs. Miller
3.20.2018
Nancy L. Butts
Criminal:
Motion for modification of sentence; unauthorized restitution order; responsibility for damage to property caused during execution of search warrant where no crimes charged due to the search
(Miller032018bt)
(Posted: March 20th 2018)
Commonwealth vs. Beiler
3.15.2018
Marc F. Lovecchio
Criminal:
Habeas corpus petition; duty to provide veterinary care to pet dog; prima facie evidence; clear and unambiguous statutory language; criminal liability through an omission; failure to provide necessary veterinary care causing continued substantial pain
(Beiler031518L)
(Posted: March 15th 2018)
Civil:
Non-jury trial; contract case; sale of shares of stock under shareholder's agreement; credibility of witness; unjust enrichment; acquiescence in circumstances
(Bodine031417g)
(Posted: March 14th 2018)
Civil:
Non-jury trial verdict; credit card debt; credibility of dispute to amount owed.
(twigg030718Lh)
(Posted: March 8th 2018)
Commonwealth vs. Styers
3.7.2018
Marc F. Lovecchio
Criminal:
Post-conviction relief act petition; timeliness of petition; jurisdiction of the court; retroactive application of Supreme Court authority; timeliness of claim based on new case authority
(Styers030718L)
(Posted: March 7th 2018)
Commonwealth vs. Schaeffer
3.7.2018
Marc F. Lovecchio
Criminal:
Motion in limine to preclude admissibility of compounds allegedly found in defendant's blood; required minimum levels of drug for prosecution for driving under the influence; statutory interpretation; drug for which Department of Health has not prescribed minimum levels; construction of the word "shall"
(schaeffer030718L)
(Posted: March 7th 2018)
Commonwealth vs. Brown
3.6.2018
Marc F. Lovecchio
Criminal:
Consolidation motion; evidence of each of the offenses admissible in separate trial for the other; common scheme or plan; prejudice; inability to distinguish one offense versus the other; risk of confusing the jury
(Brown030618L)
(Posted: March 6th 2018)
Commonwealth vs. Lawrence
3.6.2018
Marc F. Lovecchio
Criminal:
Suppression motion; search of a home; consent of owner of house; existence of landlord tenant relationship; expectation of privacy after property abandoned; rights of a trespasser
(Lawrence030618L)
(Posted: March 6th 2018)
Commonwealth vs. Adkins
3.1.2018
Marc F. Lovecchio
Criminal:
Dismissal motion ; rule 600; due diligence to find defendant; NCIC searches; defendant who could not be apprehended du to unknown whereabouts; police testimony about typical procedures to serve warrant rather than about actual attempts
(Adkins030118L)
(Posted: March 5th 2018)
Commonwealth vs. Popkin
3.5.2018
Marc F. Lovecchio
Criminal:
Motion for hearing on ex parte order; rule 586 settlement; attempt by Commonwealth to amend settlement amount after court approval of the settlement; applicability of restitution statute; calculation of victim's loss for purposes of rule 586 settlement
(popkin030518L)
(Posted: March 5th 2018)
Commonwealth vs. Haddix
2.13.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; of ineffective assistance of counsel claim; failure to call specialist for sentencing hearing; ex post facto application of sentencing enhancement
(Haddix021318bt)
(Posted: March 1st 2018)
Criminal:
Suppression motion; late filing; prejudice to the Commonwealth; reasonable suspicion or probable cause to stop vehicle; erratic driving; reasonable suspicion for field sobriety tests; warrantless blood test; claimed use of deceit, misrepresentation, or coercion in obtaining consent for the blood draw and testing; discovery request of information equally accessible to the defense as it is the Commonwealth; violation of 2 hour rule
(Indivero030118bt)
(Posted: March 1st 2018)
Commonwealth vs. Gehr
2.28.2018
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; knowing, intelligent and voluntary waiver of preliminary hearing; ineffectiveness in connection with entry of guilty plea; buyer's remorse; challenge to guilty plea by asserting his lies under oath; knowing, intelligent and voluntary guilty plea
(Gehr022818L)
(Posted: February 28th 2018)
Commonwealth vs. Willits
2.27.2018
Marc F. Lovecchio
Criminal:
Nunc pro tunc suppression motion; timeliness; interests of justice; facts learned only after the disclosure of discovery; arguable merit of suppression issue
(willits022718L)
(Posted: February 27th 2018)
Commonwealth vs. Ford
2.26.2018
Richard A. Gray
Criminal:
Post-conviction relief petition; eligibility for relief of party not currently serving a sentence; waiver of non-jurisdictional defects by way of guilty plea
(ford022618g)
(Posted: February 26th 2018)
Criminal:
Post conviction relief act petition; revocation of state intermediate punishment; timeliness; challenge to the legality of a sentence; jurisdiction of the court
(Whiteman020618bt)
(Posted: February 11th 2018)
Commonwealth vs. Wooten
2.6.2018
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion to perform field sobriety tests; totality of circumstances establishing DUI; consent to blood draw with revised form DL26B
(Wooten020618bt)
(Posted: February 11th 2018)
Commonwealth vs.McHenry
2.8.2018
Nancy L. Butts
Criminal:
Post conviction relief act; SORNA conviction; timeliness of filing; sentence being served under constitutionally defective statute
(McHenry020818bt)
(Posted: February 9th 2018)
Commonwealth vs. Finzell
2.5.2018
Nancy L. Butts
Criminal:
Suppression motion; probable cause for vehicle stop; reasonable suspicion and a stated investigatory purpose for stopping vehicle; reasonable suspicion to perform field sobriety test with the smell of alcohol and report of a bar fight; validity of consent to blood draw
(Finzel020518bt)
(Posted: February 5th 2018)
Commonwealth vs. Geiger
2.5.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; defendant no longer serving a sentence; eligibility for relief
(Geiger020518bt)
(Posted: February 5th 2018)
Commonwealth vs. Dishong
2.2.2018
Marc F. Lovecchio
Criminal:
Commonwealth appeal; retroactive application of SORNA; applicability of binding appellate precedent; frivolous appeal
(Dishong020218L)
(Posted: February 3rd 2018)
Commonwealth vs. Neidigh
2.1.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; unlawfully induced guilty plea; knowing, voluntary, and intelligent guilty plea; eligibility for state intermediate punishment program for conviction for drug trafficking; challenge to the discretionary aspects of negotiated sentence
(Neidigh020118bt)
(Posted: February 1st 2018)
Commonwealth vs. Miller
2.1.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; claim of actual innocence; timeliness
(Miller020118bt)
(Posted: February 1st 2018)
In the interest of VMS
1.31.2018
Joy Reynolds McCoy
Criminal:
Juvenile adjudication; aggravated assault charge; kick in anger to sensitive area of officer's body as showing attempt to cause bodily injury; disorderly conduct charge where no public disturbance is caused or risked; resisting arrest charge where defendant was not to be arrested, but where she fights off officers who were attempting to restrain her
(vms013118m)
(Posted: February 1st 2018)
Commonwealth vs. Boatman
1.31.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; claimed ineffective assistance of counsel; unlawfully induced guilty plea; knowing, voluntary, and intelligent guilty plea; relief claimed under Alleyne where defendant not sentenced under mandatory minimum sentence statute; challenge to the discretionary aspects sentence; prejudice
(Boatman013118bt)
(Posted: February 1st 2018)
Commonwealth vs. Sailor
1.26.2018
Marc F. Lovecchio
Criminal:
Motion to withdraw as counsel; financial eligibility for public defender; interests of justice in compelling public defender to represent a party; means to pay for necessary experts; lack of alternate counsel; waste of judicial time and resources
(Sailor01262018)
(Posted: January 29th 2018)
Commonwealth vs. Smith
1.29.2018
Marc F. Lovecchio
Criminal:
Commonwealth appeal of finding that SORNA violated constitutional ex post facto clauses
(Smith012918L)
(Posted: January 29th 2018)
Commonwealth vs. Faison
1.29.2018
Nancy L. Butts
Adoption:
Post-conviction relief act petition; ineffective counsel; failure to present exculpatory evidence at trial;_x000d_
probative value of GPS location evidence, where evidence at trial was obtained in a reasonable suspicion detention; suppression motion for material and intentional false statements in affidavit of probable cause; waiver of previously litigated issues; failure to call confidential informant to testify that defendant was not present for drug transaction
(Faison012917bt)
(Posted: January 29th 2018)
Commonwealth vs. Burkins
1.29.2018
Nancy L. Butts
Criminal:
Suppression motion; probable cause for traffic stop; personal observation of traffic violation; failure to stop at second of confusing set of flashing red traffic signals
(Burkins012918bt)
(Posted: January 29th 2018)
Commonwealth vs. Coleman
1.23.2018
Nancy L. Butts
Criminal:
Suppression motion relating to search of property left in hotel room; audio recording of interaction with police; wiretap act; abandonment.
(Coleman012318bt)
(Posted: January 27th 2018)
J.K. vs. C. S-C.
1.26.2018
Richard A. Gray
Custody:
Appeal; waiver by failure to file rule 1925 statement
(CSC012618g)
(Posted: January 26th 2018)
J.K. vs. C. S-C.
1.26.2018
Richard A. Gray
Custody:
Appeal; waiver by failure to file rule 1925 statement; interlocutory and non-appealable order; jurisdiction and venue of custody proceeding
(CSC0126182g)
(Posted: January 26th 2018)
Civil:
Non-jury trial; credibility of plaintiff; failure to prove negligence or injury; contributory negligence
(COOK012618g)
(Posted: January 26th 2018)
Commonwealth vs. Campbell
1.18.2018
Nancy L. Butts
Criminal:
Reinstatement of appeal rights; constitutionality of obligation to register under SORNA; ex post facto law; jurisdiction of court to vacate conviction for violation of SORNA.
(Campbell011818bt)
(Posted: January 25th 2018)
Administrative Appeal:
Petition to set aside a tax sale; required notices; reasonable efforts to find taxpayer whenever certified mailing is unclaimed
(novak012517g)
(Posted: January 25th 2018)
Commonwealth vs. Person
1.24.2018
Marc F. Lovecchio
Criminal:
Commonwealth appeal of decision to vacate conviction for violation of sexual offender registration requirements; constitutionality of obligation to register under SORNA; ex post facto law
(Person012418L)
(Posted: January 24th 2018)
Criminal:
Consolidation motion; participation in the same act or transaction; judicial economy; prejudice; defendants' conflicting versions
(lawrence011918L)
(Posted: January 19th 2018)
Commonwealth vs. McCullough
1.19.2018
Marc F. Lovecchio
Criminal:
Suppression motion; scope of permissible search incident to arrest; validity of search of phone was not substantially contemporaneous with arrest; timing of search
(mccullough011918L)
(Posted: January 19th 2018)
Commonwealth vs. Heddings
1.19.2018
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; mootness; issues for a hearing; burden of proof
(heddings011918L)
(Posted: January 19th 2018)
CWT Adoption
1.18.2018
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; settled purpose to relinquish parental claim to a child or failure to perform parental duties for at least six months; diligent efforts towards the reasonably prompt assumption of full parental responsibilities; question of whether a bond exists between child and parent.
(AdoptionofCWTJr011818m)
(Posted: January 19th 2018)
Commonwealth vs. Hoover
1.11.2018
Nancy L. Butts
Criminal:
Appeal; vacation of order granting early release from supervision within 30 days of entry; circumstances requiring the court to continue supervision
(Hoover011118bt)
(Posted: January 11th 2018)
Commonwealth vs. Najdek
1.11.2018
Nancy L. Butts
Criminal:
Suppression motion; vehicle stop and narcotics investigations outside primary police jurisdiction; probable cause to arrest; nexus between police officer's experience and search, arrest, or seizure of evidence
(Najdek011118bt)
(Posted: January 11th 2018)
Commonwealth vs. McHenry
1.9.2018
Nancy L. Butts
Criminal:
Dismissal motion; SORNA registration offense; retroactive application of registration requirements; revival of previous statute upon invalidation of amended statute
(McHenry010918bt)
(Posted: January 9th 2018)
SK vs. PK
1.8.2018
Joy Reynolds McCoy
Divorce:
Contempt petition; interpretation of QDRO language; distribution of supplemental FERS annuity; ambiguity of agreement
(sk010818m)
(Posted: January 9th 2018)
EDS vs. SS
1.2.2018
Joy Reynolds McCoy
Divorce:
Exceptions to equitable distribution; using liquidation value to value marital home and NASCAR collection; credibility of evidence of cause of damage to vehicle; value assessed to cash withdrawn by husband from marital account before separation; decision to provide wife with percentage of marital portion of Husband's pension rather than an immediate offset; consideration of direct contributions wife made to marital residence during the marriage where increase in value of marital residence was factored into distribution; ordering husband to provide health insurance for wife; speculative testimony about wife's needs; alimony request; pension award through rollover to wife; amount of award in light of wife's underemployment and lack of credibility about her actual income; valuation of vehicle with low mileage; equitable distribution factors; fair rental value of house
(eds010218m)
(Posted: January 2nd 2018)
KH vs. DH
12.29.2017
Joy Reynolds McCoy
Divorce:
Motion to enforce marital separation agreement; factual disputes relating to alleged damage to the marital home during possession of wife; awardability of attorney fees; interpretation of terms of property settlement agreement
(Hill122917m)
(Posted: December 29th 2017)
Commonwealth vs. Geiger
12.28.2017
Richard A. Gray
Criminal:
Post conviction relief act petition; constitutionally barred penalty
(Geiger122817g)
(Posted: December 28th 2017)
Administrative Appeal:
License suspension appeal; 9 month delay of notice; unreasonable delay; prejudice; credibility of belief that license was not to be suspended; detrimental reliance
(Irion122717m)
(Posted: December 27th 2017)
Civil:
Preliminary objections and motion for judgment on the pleadings; striking reply to new matter as untimely; just cause for delay; new matter deemed denied by operation of law; response to conclusions of law
(kutney122617a)
(Posted: December 26th 2017)
Commonwealth vs. Reem
12.19.2017
Marc F. Lovecchio
Criminal:
Reconsideration of refusal to dismiss post conviction relief act petition; need to have criminal information specifically reference growing marijuana plants rather than possession with intent to deliver where both offenses originate in the same section of the act and have the same penalties; issue not pursued by petitioner; claimed conditions not reasonably related to rehabilitation
(Reem121817L)
(Posted: December 19th 2017)
Commonwealth vs. McLaurin
12.19.2017
Marc F. Lovecchio
Criminal:
Commonwealth appeal; grant of defendant's oral motion in limine before commencement of trial; admissibility of prison health records; relevance; prejudice outweighing relevance; evidence inviting speculation by the jury; hearsay; self-authentication of business record; evidence admissible for the truth of its contents
(McLaurin121917L)
(Posted: December 19th 2017)
Commonwealth vs. El Hafiz
12.19.2017
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle stop for suspicious activity in a high narcotics trafficking area; immediate arrest of fleeing defendant; reasonable suspicion to stop vehicle; mere avoidance of the police; probable cause to arrest; unprovoked flight justifying stop of defendant
(ElHafiz121917L)
(Posted: December 19th 2017)
Commonwealth vs. Bradford
12.19.2017
Marc F. Lovecchio
Criminal:
Suppression motion; DUI arrest; voluntariness of consent to submit to blood test; necessity of search warrant for blood test; necessity for defendant to be advised of his rights to refuse or that the results of the test may be used in a criminal prosecution
(Bradford121917L)
(Posted: December 19th 2017)
Commonwealth vs. Gardner
12.15.2017
Nancy L. Butts
Criminal:
Suppression motion; vehicle stop for tinted windshield violation after receiving anonymous tip about drug transaction; requiring occupants to alight from vehicle; Terry frisk; probable cause to search vehicle; consent to search person; probable cause for search warrant to swipe hands for the presence of illegal narcotics
(Gardner121517bt)
(Posted: December 15th 2017)
Criminal:
Appeal
(Gooden-Reid121517bt)
(Posted: December 15th 2017)
Commonwealth vs. Moyer
12.15.2017
Nancy L. Butts
Criminal:
Post conviction relief act petition; sufficiency of the evidence; issues previously litigated; discretionary aspects of sentence as basis for post conviction relief; ineffective assistance of counsel; underlying claim of arguable merit
(Moyer121517bt)
(Posted: December 15th 2017)
Civil:
Summary judgment motion; Commonwealth citation to seek redress and obtain damages for public injuries caused by self-dealing and breach of fiduciary duties in charity; standing to continue case under doctrine of parens patriae where charity involuntarily dissolved; Attorney General's obligation to enforce the public's interest in restoring charitable property that has been unlawfully diverted; double jeopardy claim where restitution previously ordered in criminal prosecution; pleading exact amount claimed in action for accounting and surcharge; statute of limitations; doctrine of nullum tempus; issues of material fact; indemnification for charity's payment of criminal defense attorney legal fees; claimed abuse of fair discovery protections; pro se representation
(susquehanna121417L)
(Posted: December 14th 2017)
Commonwealth vs. Sabur
12.14.2017
Marc F. Lovecchio
Criminal:
Appeal; waiver of issues not first raised in the trial court; ineffective counsel claim; failure to raise fabrication defense in light of clear evidence of resistance of crime; vague claims; failure to call alibi witness where defendant admitted presence at scene of crime; failure to request jury instruction on misidentification where victim admitted he did not see who shot him; failure to object to evidence regarding prior firearms convictions where prosecutor may still have been able to introduce evidence in rebuttal; suggestive identification violation; intoxication alone to preclude valid waiver of one's Miranda rights; claimed discovery violation that was previously litigated; failure to hire ballistics expert were gun issues not pertinent to issues at trial; failure of appellate counsel to assert claims of trial counsel ineffectiveness on direct appeal
(Sabur121417L)
(Posted: December 14th 2017)
Commonwealth vs. Hoffman
12.14.2017
Marc F. Lovecchio
Criminal:
Nunc pro tunc post-trial motion; post conviction relief act petition; timeliness issues; retroactive application of a new constitutional right; constitutionality of SORNA as applied retroactively
(Hoffman121417L)
(Posted: December 14th 2017)
Commonwealth vs. Keefer
12.8.2017
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; timeliness
(Keefer120817L)
(Posted: December 8th 2017)
Administrative Appeal:
Appeals from the grant of change of nonconforming uses; abandonment; remand for factual determinations
(abdul-nabi120817g)
(Posted: December 8th 2017)
Commonwealth vs. Alford
12.7.2017
Marc F. Lovecchio
Criminal:
Appeal; role professional ethics tenant of candor to the tribunal plays in pursuing an appeal; sufficiency of evidence of heroin possession, intent to deliver and delivery
(Alford120717L)
(Posted: December 7th 2017)
Commonwealth vs. Womer
12.6.2017
Marc F. Lovecchio
Criminal:
Post conviction hearing act petition; ineffective counsel for failing to advise defendant of collateral civil consequence of guilty plea to DUI
(Womer120717L)
(Posted: December 6th 2017)
Commonwealth vs. Maneval
12.5.2017
Marc F. Lovecchio
Criminal:
Appeal; sexually violent predator status; constitutionally of Sexual Offender Registration and Notification Act; waiver of issues not raised at trial; illegal sentence; sentence at the top of the aggravated range constituting manifest abuse of discretion; sentencing factors
(maneval120517L)
(Posted: December 5th 2017)
Kuntz Estate
12.5.2017
Nancy L. Butts
Wills and Estates:
Discovery motions for sanctions, to compel and for contempt; intentional failure of estate's attorney to appear at deposition in response to subpoena; attorney fee and cost award for civil contempt
(Kuntz120517bt)
(Posted: December 5th 2017)
MDG, Jr. vs. KW
12.1.2017
Joy Reynolds McCoy
Custody:
Appeal
(mdg120117m)
(Posted: December 5th 2017)
Commonwealth vs. Whitmoyer
11.30.2017
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle stop; validity of consent to blood test; Birchfield issue; consent a product of an essentially free and unconstrained choice and not the result of duress or coercion; defendant's testimony contradictory, vague and confused
(whitmoyer113017L)
(Posted: December 2nd 2017)
MRH vs. KLH; MEK vs. KLH
11.29.2017
Dudley N. Anderson
Civil:
Complaint to reopen support; calculations
(Hess112917A)
(Posted: December 2nd 2017)
Commonwealth vs. Geist
11.29.2017
Marc F. Lovecchio
Criminal:
Appeal; voluntary or understanding nature of guilty plea of person subsequently claiming to have been intoxicated during the hearing; waiver by failing to raise issue during hearing; manifest injustice; voluntariness demonstrated by testimony at hearing
(Geist112917L)
(Posted: November 29th 2017)
WS vs. CH
11.28.2017
Nancy L. Butts
Criminal, Family:
Appeal; indirect criminal contempt for a violation of PFA order; access to weapon in pole-barn on property of grandmother in law; sufficiency of evidence
(WS112817bt)
(Posted: November 28th 2017)
Commonwealth vs. Aungst
11.27.2017
Marc F. Lovecchio
Criminal:
Appeal; post-conviction relief act petition denial; claimed manifestly excessive sentence; responsibility of counsel of candor to the appellate tribunal; resentencing for repeated violations of probation including continued use of heroin over 16 months in spite of multiple treatment efforts and an overdose and then absconding completely from supervision
(aunkst112717L)
(Posted: November 27th 2017)
Commonwealth vs. Hunter
11.22.2017
Marc F. Lovecchio
Criminal:
Post-sentence motion for judgment of acquittal; ineffective trial counsel; discretion to address claim of ineffectiveness in post trial stage; corpus delicti rule; waiver by failure to object; viability of conviction where there is no eyewitness to an assault; crimes proven by wholly circumstantial evidence; motion for new trial due to new evidence; sentencing discretion; sentence within standard range of guidelines; addressing the relevant sentencing factors
(hunter112217L)
(Posted: November 22nd 2017)
In the interest of JSZ
11.22.2017
Joy Reynolds McCoy
Criminal:
Commonwealth appeal; waiver of issues by failure to file concise statement of matters complained of on appeal
(InReJSZ112217m)
(Posted: November 22nd 2017)
Civil:
Preliminary objections; declaratory judgment regarding enforceability of subdivision approval condition; relief available for any proceeding within the exclusive jurisdiction of a tribunal other than a court; advisory opinion
(Winner112017a)
(Posted: November 20th 2017)
Administrative Appeal:
Land use appeal; request for relief that exceeds the scope of the original permit application; standing of prevailing party to appeal
(Winder111717g)
(Posted: November 17th 2017)
Commonwealth vs. Masker
11.16.2017
Nancy L. Butts
Criminal:
Suppression motion; vehicle stop; validity of consent to blood test; Birchfield issue; need for police to inform driver of increased criminal penalties that will result depending on blood alcohol concentration; consent as product of an essentially free and unconstrained choice-not the result of duress or coercion; knowledge of right to refuse test
(Masker111617bt)
(Posted: November 16th 2017)