Commonwealth vs. Portanova
11.16.2017
Nancy L. Butts
Criminal:
Suppression motion; vehicle stop; validity of consent for blood draw; totality of the circumstances; voluntariness; requirement of Miranda warnings at the time of the blood draw
(Portanova111617bt)
(Posted: November 16th 2017)
Commonwealth vs. Daniels
11.16.2017
Marc F. Lovecchio
Criminal:
Appeal; timeliness of petition for return of property
(Daniels111617L)
(Posted: November 16th 2017)
Civil:
Appeal; summary judgment; slip and fall; Restatement (2nd) of Torts section 323; imposing duty on government entity from an assumption of an undertaking, such as snow removal; hills and ridges doctrine;
(newvine111617g)
(Posted: November 16th 2017)
Commonwealth vs. Repella
11.15.2017
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel on guilty plea; waiver of issues by withdrawal of guilty plea withdrawal motion and on record claim that this attorney was not ineffective; claims belied by transcript of guilty plea hearing; accomplice liability for theft offenses
(Repella111517L)
(Posted: November 15th 2017)
Commonwealth vs. Ergott
11.15.2017
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; request to modify and reconsider sentence; knowingly, voluntarily and intelligently entered guilty plea with plea agreement
(Ergott111517L)
(Posted: November 15th 2017)
Commonwealth vs. Brown
11.13.2017
Nancy L. Butts
Criminal:
Appeal
(Brown111317bt)
(Posted: November 13th 2017)
Commonwealth vs. Smith
11.13.2017
Marc F. Lovecchio
Criminal:
Motion to dismiss; retroactive application of SORNA's registration provisions; affect of Pennsylvania Supreme Court decision for which a petition for writ of certiorari to the United States Supreme Court has been filed; request for increased bail pending Commonwealth appeal; meritorious reasons to increase defendant's bail
(Smith111317L)
(Posted: November 13th 2017)
Commonwealth vs. Sailor
11.13.2017
Marc F. Lovecchio
Criminal:
Motion in limine; proposed expert testimony on the impact of use of marijuana on drivers, to counter police testimony that defendant was unable to drive safely based on observations of a “strong” odor of marijuana, red or bloodshot eyes, his lethargy, and his poor balance; testimony for jury to consider
(Sailor111317L)
(Posted: November 13th 2017)
TS Adoption
11.13.2017
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; incarcerated parent; failure of parent to perform parental duties for a period of time in excess of six months; performance of bare minimum parental duties, before incarceration; minimal efforts to maintain relationship with child, after incarceration, mostly occurring after filing of petition; parent content to allow custodians of child to maintain primary custody of the child and provide her with the financial and emotional support she required; bond between the child and parent
(AdoptionofTS111317m)
(Posted: November 13th 2017)
Kuntz Estate
11.9.2017
Nancy L. Butts
Wills and Estates:
Appeal; exercising equitable powers to benefit innocent party; waiver; information about potential controversy known to party seeking equitable relief
(Kuntz110917bt)
(Posted: November 9th 2017)
Commonwealth vs. Coleman
11.9.2017
Nancy L. Butts
Criminal:
Suppression motion; false statement included by an affiant in affidavit for a search warrant; materiality of omission from affidavit; totality of the circumstances to find probable cause exists for a warrant to issue; reliability of admissions made against penal interest; sufficiency of information for the issuing authority to find probable cause to issue arrest warrant; relevance of crimen falsi information to the probable cause determination; de minimis discrepancies between what was reported to police and what was reported in affidavit of probable cause
(Coleman110907bt)
(Posted: November 9th 2017)
Commonwealth vs. Best
10.31.2017
Marc F. Lovecchio
Criminal:
Omnibus pretrial motion, nunc pro tunc; timeliness; discretion to hear an untimely motion; interests of_x000d_
justice; absconding as waiver of any right to assert the protection of the law; merits of the suppression motion
(Best103117L)
(Posted: November 5th 2017)
In the interest of BNK
11.2.2017
Joy Reynolds McCoy
Criminal:
Motion to vacate nolle prosequi; compliance with the juvenile court rules; proper recourse of re-filing the delinquency petition; action taken by assistant district attorney without any request or influence from the court; lack of communication and internal policy violation within district attorney's office; prejudice
(InREBNK110217m)
(Posted: November 5th 2017)
Commonwealth vs. Sailor
11.5.2017
Marc F. Lovecchio
Criminal:
Petition to withdraw as counsel and continuance for trial; irreconcilable conflict between counsel and defendant that has caused a breakdown in the attorney/client relationship; testimony to facts that counsel knows are false; substitution of co-counsel to handle the examination of defendant and closing arguments
(Sailor110517L)
(Posted: November 5th 2017)
Commonwealth vs. DeSciscio
11.3.2017
Marc F. Lovecchio
Criminal:
Motion to establish number of prior offenses; Florida convictions for DUI; substantially similar offenses; lesser degree of impairment; exactitude or equivalency
(DeSciscio110317L)
(Posted: November 4th 2017)
Civil:
Appeal of non-jury verdict; deed interpretation; credibility of expert opinion; significance of man-made monuments and acreage amounts specified in the deed in the absence of course, distances, metes and bounds or natural monuments; weight given to typeover in article of agreement; unambiguous deed description
(Nye110217g)
(Posted: November 4th 2017)
Commonwealth vs. Faison
10.20.2017
Richard A. Gray
Criminal:
Appeal; post conviction relief act petition; waiver of issues by decision of defendant not to pursue pretrial motion; reasonable basis to not file suppression motion; probable cause to authorize pen register; contraband in plain view
(Faison102017g)
(Posted: November 4th 2017)
Civil:
Summary judgment motion; snow plow damaged curb; applicability of streets exception to municipal immunity; secondary liability under the sidewalk exception
(weiser101317g)
(Posted: November 4th 2017)
Administrative Appeal:
Review petition; patient suffering from delusional thinking who, without inpatient treatment, was a danger to himself and others
(In re RB101217g)
(Posted: November 4th 2017)
Civil:
Preliminary factual determination; contract interpretation; plain meaning; evidentiary support for factual determinations
(armson103117a)
(Posted: November 1st 2017)
Criminal:
Post conviction relief act petition; patently untimely filing; legality of sentence; jurisdiction of the court
(Satterfield103117bt)
(Posted: October 31st 2017)
Criminal:
Appeal; defendant's request to bar use of blood evidence or to have it tested, where Commonwealth chose not to use the evidence to prove any crimes; propriety of trial judge overruling an interlocutory order by another judge of the same court; sufficiency of evidence of convictions for multiple assault related crimes
(Nottingham103117bt)
(Posted: October 31st 2017)
Commonwealth vs. Heddings
10.31.2017
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; eligibility for a Recidivism Risk Reduction Incentive; legality of sentence; after-discovered evidence; burglary conviction not disqualifying an individual from a RRRI sentence; need to file amended petition
(Heddings103117L)
(Posted: October 31st 2017)
Administrative Appeal:
Petition for expungement of mental health records and/or a petition to restore civil rights; firearm purchase prohibition; involuntary commitment due to use of drugs; review of sufficiency of the evidence upon which commitment was based; patient truly in need of mental health services provided at the time of commitment; due process protections; acts and statements solely the result of controlled substance use
(InreCJK103117bt)
(Posted: October 31st 2017)
Commonwealth vs. Reem
10.30.2017
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; knowing, intelligent, and voluntary guilty plea to possession with intent to deliver; denial of offense during guilty plea hearing; requirement that his conditions of supervision relate to rehabilitation or sentence; collateral consequences of guilty plea such as driver's license suspension
(reem102017L)
(Posted: October 30th 2017)
Commonwealth vs. Foster
10.30.2017
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; credit for time served; entitlement to duplicate credit
(Foster103017L)
(Posted: October 30th 2017)
Commonwealth vs. Brown
10.30.2017
Marc F. Lovecchio
Criminal:
Request of defendant to plead guilty to some charges in a criminal Information and demand for a trial on remaining charges; inherent authority of the court to ensure fairness in the legal proceedings, promote judicial efficacy and protect against abuse
(Brown103017L)
(Posted: October 30th 2017)
Commonwealth vs. Boone
10.30.2017
Marc F. Lovecchio
Criminal:
Commonwealth's motions in limine and to admit statements; evidence of victim's prior convictions for assault related offenses; admissibility of pertinent character that is relevant to the crime or defense; self-defense claim; knowledge of victim's violent character; evidence of actual conviction of a crime of a violent nature; hearsay rule; admissibility of statement by unavailable declarant made against interest; factors bearing on the reliability of the statements; statements against the declarant's penal interest
(Boone103017L)
(Posted: October 30th 2017)
WCR, Jr. vs. JGR
10.27.2017
Dudley N. Anderson
Civil:
Petitions to enforce property settlement agreement and for contempt; failure to prepare and submit an Approved Domestic Relations Order; reversion of pension benefit after death of spouse; insufficient evidence of such mal-intent as would support a finding of contempt
(reighard102717a)
(Posted: October 27th 2017)
Cohick vs. Carr
10.26.2017
Dudley N. Anderson
Civil:
Petition to reinstate appeal; failure of plaintiff to file complaint within 20 days of appeal of decision of magisterial district judge; plaintiff's intent to appeal decision awarding damages on counterclaim, on notice listing incorrect docket number; opening judgment entered on the counterclaim
(cohick102617a)
(Posted: October 26th 2017)
RJA Name Change Petition
10.24.2017
Dudley N. Anderson
Family:
Petition to change name of minor; child's best interests; social stigma associated with either name; lack of stability of Mother's relationship with her husband; father's concerns of alienation/minimization; emphasizing father's role in child's life
(RJA102417a)
(Posted: October 24th 2017)
Commonwealth vs. Liberti
10.23.2017
Nancy L. Butts
Criminal:
Reconsideration motion; conditioning a privilege (driving) on surrendering a constitutional right (right to be free from unreasonable searches); voluntary consent to the blood draw
(Liberti102317bt)
(Posted: October 23rd 2017)
Criminal:
Suppression motion; Voluntariness of consent to blood draw; need for Miranda warnings before blood draw
(Houseknecht102317bt)
(Posted: October 23rd 2017)
Commonwealth vs. Jett
10.23.2017
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel; expert testimony regarding eyewitness identification; counsel's strategic decision to not request Kloiber instruction; failure to call claimed alibi witness
(Jett102317bt)
(Posted: October 23rd 2017)
Commonwealth vs.Williams
10.19.2017
Nancy L. Butts
Criminal:
Post conviction relief act petition; sufficiency of evidence issues; sentencing issue where no portion of the sentence was pursuant to a mandatory sentencing provision made unconstitutional by Alleyne; sufficiency of uncorroborated testimony of a sexual assault victim to sustain conviction; authentication of Facebook and text messages; racial imbalance of the jury panel; waiver of issues not raised at trial; ineffective counsel for failing to raise on appeal a substantial question on sentencing
(Williams101917bt)
(Posted: October 19th 2017)
Commonwealth vs. Boone
10.18.2017
Marc F. Lovecchio
Criminal:
Motion for individual voir dire; homicide case; identifying prospective jurors who have racially biased views; general inquiry of panel with respect to racial prejudice and related matters; limited individual voir dire
(Boone101817L)
(Posted: October 18th 2017)
Commonwealth vs. Wilt
10.18.2017
Nancy L. Butts
Criminal:
Suppression motion; vehicle stop; conformity of blacked out DL26 form to Birchfield v. North Dakota; use of deceit, misrepresentation, or coercion in seeking consent for blood draw and testing; threat of civil penalties alone; knowing, voluntary, and intelligent consent; right to be advised of a constitutional right to refuse blood test
(Wilt101817bt)
(Posted: October 18th 2017)
Commonwealth vs. Stidfole
10.13.2017
Marc F. Lovecchio
Criminal:
Appeal; waiver of issues raised for the first time on appeal; imposing sentence of total confinement upon revocation of supervision; failure to complete SIP program due to disobeying the program's rules and using controlled substances; consideration of record of original sentencing proceeding; excessiveness of sentence
(Stidfole101317L)
(Posted: October 13th 2017)
Commonwealth vs. Mullen
10.12.2017
Marc F. Lovecchio
Criminal:
Suppression motion; reasonable belief that parole absconder was in residence; anonymous tip and personal observation
(Mullen101217L)
(Posted: October 12th 2017)
Civil:
Non-jury trial; counterclaim for damages and injunctive relief based on allegations that road construction activities approved by plaintiff caused harm to property; claimed violations of statutes and code sections; causation; speculative arguments
(coganhouseverdict101217a)
(Posted: October 12th 2017)
In the interest of JSZ
10.12.2017
Joy Reynolds McCoy
Criminal:
Suppression motion; vehicle stop based on tip that vehicle carried passenger who is alleged to have committed a crime
(InReJZ101217m)
(Posted: October 12th 2017)
Commonwealth vs. Bailey
10.9.2017
Marc F. Lovecchio
Criminal:
Amended petition for post-conviction relief; ineffective assistance of counsel which resulted in the entry of a guilty plea that was involuntary, unintelligent and unknowing; Alford plea, where defendant wants to plead guilty while still protesting her innocence; counsel not offering a factual basis for plea
(bailey100917L)
(Posted: October 9th 2017)
Commonwealth vs. Morehart
10.9.2017
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; eligibility for RRRI minimum; personal injury crimes and crimes requiring sexual offender registration
(Morehart100917L)
(Posted: October 9th 2017)
Commonwealth vs. Williams
10.6.2017
Nancy L. Butts
Criminal:
Post-conviction relief act petition; ineffective counsel; prospective juror's comments during voir dire; failure to argue on appeal that the evidence was insufficient convict of theft by unlawful taking; reasonable basis for not calling witness; failing to try and suppress various items including a partial confession, where waiver of Miranda rights was knowing, intelligent and voluntary; waiver of issue raised_x000d_
earlier on direct appeal and was not; recusal issue; sentencing issue
(Williams100617bt)
(Posted: October 8th 2017)
In the interest of BNK
10.5.2017
Joy Reynolds McCoy
Criminal:
Suppression motion; vehicle stop; probable cause to stop the juvenile's vehicle only for traffic violation and not for driving under the influence of drugs or alcohol; no indications of impairment; scope and length of seizure
(InREBNK100517m)
(Posted: October 8th 2017)
Commonwealth vs. Howell
9.27.2017
Marc F. Lovecchio
Criminal:
Second post conviction relief act petition; license suspension as a collateral civil consequence of a criminal conviction; alleged failure to receive notice of decision on first petition; eligibility for relief by currently serving a sentence
(Howell092717L)
(Posted: October 3rd 2017)
Commonwealth vs. Garms
9.25.2017
Marc F. Lovecchio
Criminal:
Suppression motion; warrantless blood test; voluntary consent for blood test; duty of police officer to inform arrestee of rights to refuse or that the results of the test may be used against them in a criminal prosecution; credibility issues
(Garms092517L)
(Posted: September 27th 2017)
Commonwealth vs. Johnson
9.27.2017
Nancy L. Butts
Criminal:
Suppression motion reconsideration; warrant requirement for search of cell phone; voluntarily abandoned property
(Johnson092717bt)
(Posted: September 27th 2017)
Commonwealth vs. Castro
9.27.2017
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause for issuance of search warrant of cell phone; overbreadth challenge; sufficiently narrow scope of warrant
(Castro092717L)
(Posted: September 27th 2017)
Commonwealth vs. Diehl
9.27.2017
Marc F. Lovecchio
Criminal:
Suppression motion; DUI arrest; voluntariness of consent for blood draw; duty to make defendant aware of all consequences of his consent; right to be informed that enhanced criminal penalties for refusal have been declared unconstitutional
(diehl092717L)
(Posted: September 27th 2017)
Commonwealth vs. Gordon
9.26.2017
Nancy L. Butts
Criminal:
Suppression motion; DUI arrest; voluntariness of consent for blood draw; duty to make defendant aware of all consequences of his consent; intoxication as affecting voluntariness of consent; right to speak to an attorney before consent decision; duty to advise of constitutional right to refuse blood test; coercion
(Gordon092617bt)
(Posted: September 26th 2017)
Commonwealth vs. Shires
9.25.2017
Dudley N. Anderson
Criminal:
Appeal; revocation of special probation; claimed unawareness that the conditions allegedly violated were in_x000d_
effect at the time; credibility
(Shires092517a)
(Posted: September 25th 2017)
Commonwealth vs. Gibbs
9.25.2017
Marc F. Lovecchio
Criminal:
Suppression motion; reasonable suspicion that drug deal was afoot; production of criminal histories of its witnesses and any promises of leniency, immunity, or preferential treatment; disclosure any other crimes, wrongs or bad acts; reservation of right to make additional pre-trial motions
(gibbs092517L)
(Posted: September 25th 2017)
Commonwealth vs. Love
9.22.2017
Nancy L. Butts
Criminal:
Waiver of right to challenge prima facie case by waiving preliminary hearing; suppression motion; custodial interrogation; requirement for police officers to advise defendant of existence of criminal complaint prior to obtaining waiver of Miranda rights; misstatement of fact in affidavit of probable cause; materiality; rule 600 motion; excludable time
(Love092217bt)
(Posted: September 23rd 2017)
Commonwealth vs. Springer
9.21.2017
Marc F. Lovecchio
Criminal:
Post sentence motion to withdraw guilty plea; dissatisfaction with the court's sentence; credibility of claim that defendant did not understand the nature of an open plea
(Springer092117L)
(Posted: September 21st 2017)
Commonwealth vs. Lonon
9.11.2017
Nancy L. Butts
Criminal:
Suppression motion; reasonable expectation of privacy for automobile and cell phone inside car left running with its back end in a lane of traffic, the sidewalk blocked; search vehicle to determine whether vehicle was stolen and identity of driver committing motor vehicle violations; abandoned cellular phone; limited search
(Lonon091117bt)
(Posted: September 18th 2017)
Kuntz Estate
9.18.2017
Nancy L. Butts
Wills and Estates:
Petition of auctioneer for payment of fees associated with cancelled auction; interpretation of auctioneer's contract; words of contract clear and free from ambiguity; parties' intent determined solely from express_x000d_
language of agreement
(Kuntz091817bt)
(Posted: September 18th 2017)
Commonwealth vs. Burkhart
10.31.2011
Nancy L. Butts
Criminal:
Petition for habeas corpus; presence of a firearm at a residence of a probationer; constructive possession; intent to maintain a conscious dominion over the gun; firearm in plain view; credibility of testimony of lack of knowledge
(Burkhart103111bt)
(Posted: September 15th 2017)
Hannibal vs. Frey
4.23.2014
Kenneth D. Brown
Civil:
Motion for a writ of seizure; landlord tenant case; personal property remaining after eviction; abandonment; obligation to pay storage costs; seizure bond; in forma pauperis status of plaintiff; purpose of bond provisions; landlord's counterclaim for fees and damages
(hannibal042314br)
(Posted: September 15th 2017)
Criminal:
Appeal
(McCloskey071117bt)
(Posted: September 15th 2017)
Commonwealth vs. Vickers
9.15.2017
Marc F. Lovecchio
Criminal:
Motion to dismiss or suppress; sole basis for vehicle stop to investigate odor of marijuana; reasonable suspicion to stop vehicle; credibility of testimony of police officers; evidence of ulterior motive for vehicle stop or of profiling
(Vickers091517L)
(Posted: September 15th 2017)
Criminal:
Appeal; attempted homicide/robbery case; sufficiency of evidence; propriety of use of photo array; relevancy of proposed expert testimony; exclusion of altered versions of photos from photo array; preclusion of wearing by defense counsel of sunglasses and hoody as demonstrative evidence during closing argument; Commonwealth appeal of allowance of eyewitness identification expert testimony; use of expert testimony to prove that it is more difficult to recognize someone who is wearing a disguise; qualification of expert in particular area of science; limiting expert testimony to matters contained in report; admission of evidence of defendant's possession of gun a week before shooting; probative value outweighing likely prejudice; probative value of statement discussing possible drug use by defendant; use of video to demonstrate prior inconsistent statement made by the witness, to impeach the witness's credibility; speculative evidence that someone else committed the crime; limitations to defense counsel's closing argument to evidence developed in testimony; prejudicial impact of potential juror's statements about possibly knowing defendant professionally and that he worked at a prison
(Washington091417bt)
(Posted: September 15th 2017)
Commonwealth vs. Hoy
9.15.2017
Nancy L. Butts
Criminal:
Appeal; sentencing discretion; claimed excessive sentence for endangering welfare of child
(Hoy091517bt)
(Posted: September 15th 2017)
Commonwealth vs. Dishong
11.9.2017
Marc F. Lovecchio
Criminal:
Motion to dismiss; retroactive application of SORNA's registration provisions; affect of Pennsylvania Supreme Court decision for which a petition for writ of certiorari to the United States Supreme Court has been filed
(Dishong110917L)
(Posted: September 11th 2017)
Criminal:
Appeal
(Peterson090617bt)
(Posted: September 7th 2017)
Administrative Appeal:
Petition for review of grant of right-to-know request; specificity of request; burdensome request; contracts as "financial records"; applicability of confidential proprietary information and trade secrets exemption to financial records
(lycomingcoheimbaugh090617a)
(Posted: September 7th 2017)
Civil:
Preliminary objections; landlord-tenant claim; jurisdiction of court where no notice to quit is served; requirement for notice to quit where possession is not sought and only money damages are sought; attaching writings to complaint that form basis for claim; excessive and punitive late fees; reasonableness of contract damages; landlord's duty to mitigate damages for unpaid rent after tenants are evicted; landlord's ability to claim damages for inability to re-rent premises
(cohick081017g)
(Posted: September 7th 2017)
Civil:
Motion for partial summary judgment; employment dispute; fraudulent inducement; failure to produce facts essential to establish the cause of action; establishing terms not in written employment agreement
(guenot082917g)
(Posted: September 7th 2017)
Commonwealth vs. Hopkins
8.23.2017
Richard A. Gray
Criminal:
Severance motion; prior criminal record admissible for certain claims and not for others; prejudice; defendant's burden of proof
(Hopkins082317g)
(Posted: September 7th 2017)
In the interest of AM
9.1.2017
Richard A. Gray
Criminal:
Motion to dismiss; double jeopardy; charge of possession of weapon on school property following plea to summary charge of harassment for striking student with BB; rule of compulsory joinder
(AM090117g)
(Posted: September 7th 2017)
Commonwealth vs. Littlejohn
9.7.2017
Marc F. Lovecchio
Criminal:
Suppression motion; warrantless blood test; constitutional right to refuse blood test; knowing and intelligent consent for blood test; right to consult with attorney before making a decision to allow blood draw; duty of police officer to inform arrestee of consent and refusal statute, and that those provisions are no longer enforceable because of recent court decisions; evidence of coerced consent
(littlejohn090817L)
(Posted: September 7th 2017)
Commonwealth vs. DeSciscio
9.1.2017
Marc F. Lovecchio
Criminal:
Suppression motion; timeliness; discretion of trial judge; length and cause of delay; standard for determining consent to search; totality of circumstances; per se rule requiring police to advise defendant of consequences of refusal to consent
(DeSciscio090117L)
(Posted: September 2nd 2017)
Commonwealth vs. Kelly
9.1.2017
Marc F. Lovecchio
Criminal:
Suppression motion; timeliness; discretion of trial judge; length and cause of delay; standard for determining consent to search; totality of circumstances; per se rule requiring police to advise defendant of consequences of refusal to consent
(kelly090117L)
(Posted: September 2nd 2017)
Commonwealth vs. Allen
9.1.2017
Marc F. Lovecchio
Criminal:
Suppression motion; timeliness; discretion of trial judge; length and cause of delay; standard for determining consent to search; totality of circumstances; per se rule requiring police to advise defendant of consequences of refusal to consent
(Allen090117L)
(Posted: September 2nd 2017)
Commonwealth vs. Robinson
8.31.2017
Nancy L. Butts
Criminal:
Post-conviction relief act petition; timeliness; jurisdiction of the court; retroactive application of Alleyne v. United States
(Robinson083117bt)
(Posted: August 31st 2017)
Criminal:
Post-conviction relief act petition; claim of ineffective assistance of counsel; plea of guilty as waiver of all defects and defenses; manifest injustice to withdraw guilty plea; knowing, intelligent, voluntary, and understanding plea; consideration of mental illness as a mitigating factor in accepting plea; defendant's negligence in attempting to appeal
(Reid083117bt)
(Posted: August 31st 2017)
Criminal:
Habeas corpus petition; prima facie case of drug delivery causing death; hearsay evidence; attempted withdrawal of stipulations as to death certificate and autopsy; suppression motion; knowing and voluntary waiver of Miranda rights; intoxication
(Cavanaugh0824172bt)
(Posted: August 30th 2017)
Criminal:
Nominal bail motion; rule 600; defense counsel's unavailability
(Cavanaugh0824171bt)
(Posted: August 30th 2017)
Commonwealth vs. Cooley
8.29.2017
Nancy L. Butts
Criminal:
Response and objection to dismissal of PCRA petition; timeliness; ability to confront and cross examine analysts who performed tests; issue in question at trial; failure to file suppression motion; merit of potential motion; propriety of PCRA counsel investigating reasons why trial counsel chose not to file motion to suppress
(Cooley082917bt)
(Posted: August 30th 2017)
Commonwealth vs. Hersh
8.29.2017
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel for failure to file rule 600 motion; Commonwealth's due diligence; waiver of all defects and defenses by pleading guilty; knowing, voluntary, and intelligent guilty plea; legality of sentence
(Hersh082917bt)
(Posted: August 30th 2017)
Administrative Appeal:
Petition for review of decision of mental health hearing examiner; severe mental disability; involuntary commitment; clear and convincing evidence; unable to provide for self-protection and a danger to self and others
(mb081717L)
(Posted: August 26th 2017)
Criminal:
Suppression motion; claimed unlawful arrest on bench warrant; issuance of bench warrant for failure to pay fines and costs; proper notice that failure to pay would result in bench warrant
(Henderson081617bt)
(Posted: August 26th 2017)
Criminal:
Habeas corpus petition; prima facie case of homicide; accomplice theory; evidence of conspiracy and robbery
(Coleman081617bt)
(Posted: August 26th 2017)
Criminal:
Motion to dismiss; prima facie case of possession with intent to deliver and paraphernalia; suppression motion; probable cause for vehicle stop; vehicle code violation
(Strickland082317bt)
(Posted: August 23rd 2017)
JW & AW Adoption
8.18.2017
Joy Reynolds McCoy
Adoption:
Agency petition for involuntary termination of parental rights; mental disability; ability of mother to care for self and children; concerns for the children's safety; parent refusing or failing to perform parental duties; cooperation with agency to obtain rehabilitative services necessary for parent to be capable of performing parental duties and responsibilities; needs and welfare of children; bond existing between children and parent.
(AdoptionofAand JW081817m)
(Posted: August 21st 2017)
Commonwealth vs. Kennedy
8.10.2017
Marc F. Lovecchio
Criminal:
Suppression motion; credibility question about whether defendant waived his Miranda rights before or after being questioned
(Kennedy081017L)
(Posted: August 17th 2017)
Commonwealth vs. Johnson
8.11.2017
Marc F. Lovecchio
Criminal:
Appeal; manifestly excessive and unreasonable sentence claim; revocation of sentence of intermediate punishment; consideration of the protection of the public and defendant's rehabilitative needs; sentence within the standard guideline range
(Johnson081117L)
(Posted: August 17th 2017)
Commonwealth vs. Bean
8.14.2017
Dudley N. Anderson
Criminal:
Post-sentence motion; severance; claim of prejudice related to defense of consent for sex with two victims; proof of identity of defendant sufficient to defeat motion for judgment of acquittal; gaps in chain of custody of evidence affecting only weight and not admissibility of evidence; admissibility of evidence of claimed false sexual assault allegations previously made by complainant against someone else; sufficiency of evidence to establish obscene and other sexual materials and performances charges where definition of performance is not met; excessive sentence claim; public interest in protecting even those who make bad choices, such as prostitutes and heroin addicts
(Bean081417a)
(Posted: August 14th 2017)
Commonwealth vs.Jones
8.10.2017
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction to consider petitions to challenge the discretionary_x000d_
aspects of the sentence after the sentencing order becomes final; waiver for failure to raise an issue that could have been previously raised; eligibility for boot camp; retroactive application of Alleyne decision
(Jones081017bt)
(Posted: August 10th 2017)
LH vs. RL, Jr.
7.14.2017
Richard A. Gray
Custody:
Venue change petition; custody case; inconvenient forum under the circumstances; young child who splits time between Williamsport and South Dakota
(LH071417g)
(Posted: August 10th 2017)
TJG vs. JEG
6.27.2017
Richard A. Gray
Support:
Exceptions to spousal support order; consideration of new evidence not heard by the hearing officer; relevancy of false testimony of inability to work where earning capacity assigned; rebuttable presumption of correctness of support guidelines; consideration of veteran's disability compensation
(TJG062717g)
(Posted: August 10th 2017)
Civil:
Non-jury trial verdict; quiet title and ejectment action; correct location of boundary line
(nye063017g)
(Posted: August 10th 2017)
Administrative Appeal:
Appeal from Pa. Office of Open Records determination; applicability of Right to Know Laws to a volunteer fire company; de novo standard of review; collateral estoppel; standing to appeal a favorable determination; claim for attorney's fees
(pysher080917g)
(Posted: August 10th 2017)
Commonwealth vs. Barasky
8.7.2017
Marc F. Lovecchio
Criminal:
Suppression motion; trooper's comments to which defendant agreed; custodial interrogation
(Barasky080717L)
(Posted: August 7th 2017)
Commonwealth vs. Policastro
8.3.2017
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; credit for time spent in custody prior to guilty plea and sentencing; state “parole hit” or “back time” on a prior case as a result of current conviction
(Policastro080317L)
(Posted: August 7th 2017)
Commonwealth vs. Hall
8.4.2017
Marc F. Lovecchio
Criminal:
Motion for extraordinary relief; propriety of written motion; request for judgment of acquittal; consistency of guilty verdict on firearms charge with failure to reach verdict on homicide and assault charges
(Hall080417L)
(Posted: August 5th 2017)
Commonwealth vs. Cook
8.4.2017
Nancy L. Butts
Criminal:
Post conviction relief act petition; eligibility for relief; serving a term of sentence for conviction; defendant's mental health as after discovered exculpatory evidence
(Cook080417bt)
(Posted: August 4th 2017)
Commonwealth vs. DiMarco
8.2.2017
Nancy L. Butts
Criminal:
Habeas corpus petition; witness intimidation charges; no testimony from witnesses allegedly intimidated by defendant's comments; prima facie case; evidence of an effort upon the part of defendant to encourage witnesses to give false and or misleading testimony
(Dimarco080217bt)
(Posted: August 2nd 2017)
Criminal:
Post sentence motion; unreasonable and excessive sentence; sentence at the bottom of the guideline range, and far below the maximum sentence available; sentencing discretion
(Peterson080217bt)
(Posted: August 2nd 2017)