Scott vs. Ferguson
3.9.2017
Dudley N. Anderson
Civil:
Non-jury trial; property damage claims due to trespassing guinea hens; counter-claim for water drainage damage
(Scott030917)
(Posted: March 15th 2017)
Commonwealth vs. Poole
3.13.2017
Dudley N. Anderson
Criminal:
Post-sentence motion; scratching prison guard; sufficiency and weight of evidence; proof of bodily injury; excessive sentence; affect on class of persons intended to be protected by statute; lack of remorse
(Poole031317a)
(Posted: March 13th 2017)
Civil:
Non-jury trial; collection of loan debt; statute of limitations; choice of law; acknowledgement doctrine; clear, distinct and unequivocal acknowledgement of the debt
(Sacor031317a)
(Posted: March 13th 2017)
Chituk vs. Koenigsberg
3.2.2017
Richard A. Gray
Civil:
Motion for judgment on the pleadings; contract claim; oral agreement to pay son's rent; statute of frauds; “leading object" or "main purpose" rule, pecuniary or business purpose or benefit
(chituc030217g)
(Posted: March 6th 2017)
Civil:
Preliminary objections; validity and enforceability of an arbitration agreement; authority of husband to act as agent; unconscionability; specificity of complaint; sufficiency of allegations to support punitive damage claim; negligence per se for violation of Neglect of a Care-Dependent Person Statute; scandalous and impertinent allegations
(McMullen022817g)
(Posted: March 6th 2017)
Commonwealth vs. Pittenger
3.6.2017
Marc F. Lovecchio
Criminal:
Motion to admit certain statements pursuant to Tender Years Act; hearsay statements made to mother and forensic interviewer; indicia of reliability; motive to fabricate
(pittenger030617L)
(Posted: March 6th 2017)
Commonwealth vs. CMG
7.5.2012
Marc F. Lovecchio
Criminal:
Petition for expungement of summary charges; factors to consider; recidivist offense; right to be free from harm attendant to the maintenance of a traffic_x000d_
summary record; otherwise clean record; impact on employment
(CMG070512L)
(Posted: March 5th 2017)
JP vs. VP
4.9.2015
Joy Reynolds McCoy
Divorce:
Motion to enforce settlement and exclusive possession; contract law; agreement for division of property drafted prior to filing of divorce, that was intended to be binding and was partially implemented; waiver of rights to alimony and support, issues that were not addressed in pre-divorce agreement
(jp040915m)
(Posted: March 5th 2017)
JP vs. KW
3.21.2016
Joy Reynolds McCoy
Custody:
Preliminary objections; jurisdiction; child never present in Lycoming County
(jp032116m)
(Posted: March 5th 2017)
DeWalt Estate
3.2.2017
Nancy L. Butts
Wills and Estates:
Objections to first and final accounting; reasonableness of attorney fees and executor's commission; prima facie fairness of 3% executor fee; ethics of early distribution to executor, reducing interest to the estate, where amount of interest is negligible; compliance of executor with the new Orphan's Court rules
(Dewalt030217bt)
(Posted: March 2nd 2017)
Commonwealth vs. Koch
2.28.2017
Nancy L. Butts
Criminal:
Post-conviction relief act petition; jurisdiction of the court; timeliness
(Koch022817bt)
(Posted: March 1st 2017)
JH and SM Adoption
2.27.2017
Joy Reynolds McCoy
Adoption:
Appeal; timeliness; simultaneous filing of rule 1925 statement in Children's Fast Track appeals
(AdoptionofJHandSM022717m)
(Posted: February 28th 2017)
Commonwealth vs. Mitchell
2.24.2017
Nancy L. Butts
Criminal:
Appeal; service of order; timing of appeal
(Mitchell022417bt)
(Posted: February 25th 2017)
Lapp Estate
2.21.2017
Nancy L. Butts
Wills and Estates:
Appeal from register of wills' grant of letters of administration; abuse of discretion standard of review; cause shown to grant letters to one intestate heir over another who has threatened to destroy the property to which he would be a fiduciary of if granted letters
(Lapp022117bt)
(Posted: February 21st 2017)
Commonwealth vs. Parker
2.8.2017
Nancy L. Butts
Criminal:
Defense motion to admit evidence of victim's past sexual behavior; inappropriate use of a computer as evidence of past sexual behavior; motion in limine to preclude Commonwealth expert testimony concerning victim responses to sexual assaults; statutory authority for expert testimony; duty to provide exculpatory evidence extending to Commonwealth duty to find such evidence; privilege for confidential communications to psychiatrists or psychologists
(Parker020817bt)
(Posted: February 17th 2017)
Criminal:
Appeal before sentencing; premature appeal; failure to file a concise statement pursuant to Pa. R.A.P. 1925
(Nottingham021517g)
(Posted: February 17th 2017)
Criminal:
Suppression motion; confession of 16 year old juvenile after questioning of principal in his office with police officer present; no Miranda warning given; consideration of attending facts and circumstances
(InreSJ021317g)
(Posted: February 17th 2017)
Commonwealth vs. Grady
2.13.2017
Marc F. Lovecchio
Criminal:
Commonwealth motion to apply non contraband or derivative contraband funds to costs and fines; motion granted without hearing; jurisdiction to reconsider due to expiration of 30 days; inherent authority of court to correct patent and obvious errors; denial of due process of law; court authority to revise defendant's installment payment schedule; consideration of defendant's financial means
(Grady021317L)
(Posted: February 13th 2017)
Commonwealth vs.Wylie
2.8.2017
Dudley N. Anderson
Criminal:
Post-sentence motion; non-jury trial; sufficiency of evidence of altered firearm charge; obvious attempt to alter a serial number by abrasion; consecutive sentences for possession of a firearm with altered manufacturer's number and firearms not to be carried without a license
(wylie020817a)
(Posted: February 10th 2017)
Criminal:
Post sentence motions; failure of Commonwealth to produce discovery; no discovery violation where no request made; prejudice to the degree that it affected trial strategy or likely affected outcome of proceedings; claimed inflammatory photographs that were the essence of the case; after-discovered evidence relating to the involvement of Commonwealth's investigator in "Porngate" scandal
(Rudinski020917bt)
(Posted: February 9th 2017)
MMS Adoption
2.7.2017
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights of father; parent evidencing settled purpose of relinquishing parental claim to a child or refusing or failing to perform parental duties; father in arrears on child support obligation; failure to appear at hearing; bond existing between child and parent; adoption by mothers paramour
(AdoptionofMMS020717m)
(Posted: February 8th 2017)
MMD Adoption
2.6.2017
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights of biological and legal fathers; parent evidencing settled purpose of relinquishing parental claim to a child or refusing or failing to perform parental duties; failure to appear at hearing; bond existing between child and parent.
(AdoptionofMD020617m)
(Posted: February 7th 2017)
Commonwealth vs.Williams
2.6.2017
Marc F. Lovecchio
Criminal:
Appeal of murder conviction; compliance with procedure to obtain out-of-state records by subpoena; HIPAA applicability in criminal case; law enforcement exception; evidence of flight and conduct during apprehension relevant to the charge flight to avoid apprehension, trial or punishment and to show consciousness of guilt; appropriateness of suppression for HIPAA violation; exclusion of defense expert testimony not sufficiently definite and not meeting expert testimony standard; expert discussion of conceivability or possibility; admissibility of remote evidence of the victim's prior convictions for aggression; awareness of defendant of victim's previous aggressive behavior; evidence of alcohol or drug consumption by victim without testimony that the amount in the victim's system caused intoxication; court's discretion in admitting evidence claimed to be prejudicial; admissibility of prison recordings that were relevant and showed consciousness of guilt; hearsay testimony; admissibility of rebuttal exhibits; proposed non-specific testimony in sur rebuttal that it is not uncommon for witnesses to be uncooperative; applicability of heat of passion voluntary manslaughter jury instruction in self-defense case; weight of the evidence of first decree murder; insufficient evidence to prove specific intent to kill or malice; inference from the use of a deadly weapon on a vital organ; Commonwealth disproving self-defense beyond a reasonable doubt; use of deadly force where weapon illegally possessed; duty to retreat; verdict based on speculation
(Williams020617L)
(Posted: February 6th 2017)
Administrative Appeal:
Preliminary objections to amended affidavit of defense and counterclaim; municipal lien claim for overdue sewer rental payments; due process protections to require payment of bills incurred by previous owner; property purchased at tax sale; failure to make inquiry of utility providers; equal protection argument where happenstance creates two classes of payers and not the municipality
(westbranchregionalauthority020617a)
(Posted: February 6th 2017)
Supple vs. Richardson
2.3.2017
Dudley N. Anderson
Civil:
Landlord tenant proceeding; request for order of possession; request for enforcement of alleged agreement of sale of property; Statute of Frauds; unsigned agreement of sale; evidence of an authentication; part performance
(supple020317a)
(Posted: February 3rd 2017)
Commonwealth vs. Deeks
2.2.2017
Marc F. Lovecchio
Criminal:
Petition for writ of habeas corpus ad subjiciendum; court's jurisdiction over any challenges to parole revocation/recalculation; decisions; exhaustion of remedies; statutory power of board to extend maximum sentence date based upon recommitment for parole violation
(Deeks02022017L)
(Posted: February 2nd 2017)
Commonwealth vs. Brown
1.31.2017
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel as to guilty plea advice; different Judge accepting plea and sentence knowing, voluntary and intelligent plea; waiver of guilty plea coercion claim
(Brown013117bt)
(Posted: February 2nd 2017)
SLS vs. DS
1.31.2017
Dudley N. Anderson
Support:
Exceptions to child support; assessment of full-time job capacity; need to support claim of medical condition affecting ability to work with medical evidence; need to show a change of circumstances for petition to reopen support
(sls013117a)
(Posted: February 1st 2017)
Civil:
Appeal; employment contract claim; statute of limitations issue; date of breach; continuing contract for employment
(twigg012717g)
(Posted: February 1st 2017)
Phillips vs. Roberts
2.1.2017
Dudley N. Anderson
Civil:
Preliminary objections; sexual harassment and retaliation claim; failure to name individual defendant in EEOC claim; individual named in the body of the charge, notice of charge; individual liability of supervisor for termination by company; unemployment compensation decision as res judicata
(Phillips020117a)
(Posted: February 1st 2017)
Commonwealth vs. Spencer
1.30.2017
Marc F. Lovecchio
Criminal:
Post-sentence motion; admissibility of defendant's statement of willingness to plead guilty to uncle as evidence of consciousness of guilt; waiver of objections; sentencing discretion; concurrent or consecutive sentences; excessive sentence; sentencing factors; boilerplate claim of insufficiency of the evidence
(Spencer013017L)
(Posted: January 31st 2017)
Commonwealth vs. Fudge
1.30.2017
Dudley N. Anderson
Criminal:
Petition for writ of habeas corpus ad subjiciendum treated as post conviction relief act petition; timeliness
(Fudge013017a)
(Posted: January 31st 2017)
Commonwealth vs. Ceasear
1.30.2017
Marc F. Lovecchio
Criminal:
Petition for ROR bail; rule 600; excludable time due to delays caused by defendant and his counsel
(Ceasear013017L)
(Posted: January 31st 2017)
Commonwealth vs. Paulhamus
1.31.2017
Marc F. Lovecchio
Criminal:
Jury view motion; compelling reasons for jury to view the scene of the crime
(paulhamus013117L)
(Posted: January 31st 2017)
Commonwealth vs. Hines
1.27.2017
Marc F. Lovecchio
Criminal:
Commonwealth's motion to strike jury panel due to gender discrimination; specific reasons secondary to the gender-based reasons
(Hines012717L)
(Posted: January 28th 2017)
Commonwealth vs. Larochelle
1.27.2017
Marc F. Lovecchio
Criminal:
Post-sentence motion; weight of the evidence; burden of disproving self-defense; objective test on evaluating an actor's belief that he was in imminent danger of serious bodily harm; verdict shocking to the judicial conscience; sufficiency of the evidence
(Larochelle012717L)
(Posted: January 28th 2017)
Commonwealth vs. Brown
1.27.2017
Nancy L. Butts
Criminal:
Amended motion to admit evidence; sexual abuse of child; admission of out of court statements made by three year old victim; Tender Years Statute; evidence to show that it was less probable that Defendant committed abuse because there is evidence that victim's mother also abused her; reliability of hearsay statements
(Brown012717bt)
(Posted: January 28th 2017)
Chestnut vs Gardner
1.27.2017
Dudley N. Anderson
Civil:
Summary judgment motion; insurance cancellation notice issue; rebuttable presumption raised by the “mailbox rule”; superseding event; policy expiration before liability loss arose, due to failure to pay premium; claim barred by contributory negligence; need to respond to summary judgment motion to raise fact issues; duty to procure the replacement coverage
(Chestnut012717a)
(Posted: January 26th 2017)
Commonwealth vs. Poust
1.26.2017
Nancy L. Butts
Criminal:
Motion to reconsider habeas corpus petition for failure to report or refer; an employee of a health care facility as mandated reporter
(Poust012617bt)
(Posted: January 26th 2017)
Commonwealth vs. Weaver
1.27.2017
Marc F. Lovecchio
Criminal:
Habeas corpus petition; escape charges relating to electronic monitoring; illegal sentence; “official detention” definition; proper remedy from an illegal sentence; charges precluded by rule 110; offenses occurring on the same day, that are not logically related and that do not involve a substantial duplication of factual or legal issues
(Weaver012717L)
(Posted: January 26th 2017)
Commonwealth vs. Wolf
1.24.2017
Dudley N. Anderson
Criminal:
Post sentence motion; weight of the evidence of harassment; credibility of self-defense argument
(wolf012417a)
(Posted: January 25th 2017)
Marchese vs. PaDOT
1.24.2017
Joy Reynolds McCoy
Administrative Appeal:
License suspension appeal; refusal to submit to blood test; constitutionality of license suspension in light of Birchfield v. North Dakota; collateral civil consequences; waiver of arguments; due process violation
(Marchese012417m)
(Posted: January 25th 2017)
Casale Name Change
1.23.2013
Kenneth D. Brown
Family:
Petition change child's surname to include both parents' names; divorced parents; best interests of the child
(casale012317br)
(Posted: January 24th 2017)
Criminal:
Motion to consolidate; joint participation in robbery; prejudice; conflicting versions of two defendants of what took place or their involvement
(Ponds012417L)
(Posted: January 24th 2017)
Administrative Appeal:
Exceptions/objections to a tax claim bureau's consolidated return and petition to upset tax sale; compliance with notice requirements; claim of no knowledge of sale
(reighard011917g)
(Posted: January 23rd 2017)
Civil:
Motion in limine; Williamsport's reliance on $500,000 statutory cap for damages; attributing amount paid by insurance company to settle civil rights action, to negligence claim subject to cap; evidence in settlement that insurance covered only negligence and not civil rights violations; liability for separate property damage claim
(eck011217w)
(Posted: January 23rd 2017)
Commonwealth vs. Hays
1.19.2017
Richard A. Gray
Criminal:
Commonwealth appeal; new trial in light of Birchfield v. North Dakota; failure to preserve issue for appeal; prejudice at trial on jury's determination of impairment count by evidence of blood alcohol results; waiver of preservation issue by acknowledgement by Commonwealth on the record that defendant couldn't be sentenced on BAC result dependent count; opportunity to raise suppression issue before trial; retroactive effect of decision where issue not preserved; interest of justice
(hays011917g)
(Posted: January 23rd 2017)
Commonwealth vs. Porter
1.17.2017
Nancy L. Butts
Criminal:
Motion in limine to exclude evidence of prion bad acts, official oppression case against prison guard; evidence to show defendant acted in conformity with his character; common scheme evidence; res gestae exception; probative value of evidence outweighing its potential prejudicial impact
(porter011717bt)
(Posted: January 17th 2017)
LLL vs. BKL
10.30.2006
Nancy L. Butts
Divorce:
Appeal; denial of alimony pendente lite; waiver for failure to serve rule 1925 statement
(Larka103006bt)
(Posted: January 15th 2017)
Commonwealth vs. Perry
9.11.2013
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; eligibility for recidivism risk reduction incentive with a prior robbery conviction; applicability of evidence rules that limit use of old convictions to impeach credibility at trial, to RRRI eligibility
(Perry091113L)
(Posted: January 15th 2017)
Commonwealth vs. Pinkerton
1.11.2017
Marc F. Lovecchio
Criminal:
Suppression motion, nunc pro tunc; interests of justice allowing late filing of motion; delay caused by indecisiveness and delay by defendant
(pinkerton011117L)
(Posted: January 11th 2017)
Smith Estate
1.10.2017
Nancy L. Butts
Wills and Estates:
Petition for grant of letters of administration; claim of common law marriage; intestate death; proof of exchange of verba in praesenti; heavy burden; reputation of marriage
(Smith011017bt)
(Posted: January 10th 2017)
BMP Adoption
1.6.2017
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; parent evidencing settled purpose of relinquishing parental claim to a child or refusing or failing to perform parental duties; parent in arrears in child support; failure to appear at hearing; bond existing between child and parent; adoption by mother's paramour.
(AdoptionofBP010617m)
(Posted: January 9th 2017)
HG and JG Adoption
12.21.2016
Joy Reynolds McCoy
Adoption:
Appeal
(AdoptionofHGandJG122916m)
(Posted: January 3rd 2017)
Commonwealth vs. Faison
12.30.2016
Dudley N. Anderson
Criminal:
Motion for post-conviction collateral relief; ineffective counsel for failure to raise issues on appeal; trial attorney stipulation on authenticity of lab report identifying heroin, an issue not relating to defense pursued at trial; issues previously found to have no merit
(Faison123016a)
(Posted: December 30th 2016)
Civil:
Preliminary objections of additional defendant insurance company; breach of insurance policy, bad faith and negligence claims; right to join additional defendants; allegations relating to different harms to be proven with different evidence as to different transactions and occurrences happening at different times
(Confer122716a)
(Posted: December 27th 2016)
Commonwealth vs. Frankhouser
12.23.2016
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; first petition related to probation revocation; timeliness; re-setting time limits for filing with respect to defendant's underlying conviction or original sentence; motion to modify or reconsider sentence as tolling the time period
(Frankhouser122316L)
(Posted: December 23rd 2016)
Commonwealth vs. Taylor
12.23.2016
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; open plea of guilty not enforceable for particular sentence; ineffective counsel; crimes not defendant's included in prior record score; statutory cap of prior record score; prejudice; previously litigated issues; eligibility for recidivism risk reduction incentive with prior robbery conviction
(Taylor122316L)
(Posted: December 23rd 2016)
Commonwealth vs. Vinson
12.23.2016
Marc F. Lovecchio
Criminal:
Commonwealth's motion in limine to introduce evidence of other crimes, wrongs, or acts; evidence of other burglaries admissible under common scheme exception; similarities relating to insignificant details that would likely be common elements regardless of who committed crimes; limited probative value; prejudice; evidence of admission of heroin use
(vinson122316L)
(Posted: December 23rd 2016)
Reese vs. Tyler
12.23.2016
Richard A. Gray
Civil:
Appeal; statute of limitations; waiver of issues not raised at trial; unjust enrichment claim
(Reese122316g)
(Posted: December 23rd 2016)
Commonwealth vs. Handy
12.22.2016
Nancy L. Butts
Criminal:
Habeas corpus petition; establishing a prima facie case through hearsay evidence alone; suppression motion; probable cause to support issuance of search warrant of home for suspected drug dealing
(Handy122216bt)
(Posted: December 22nd 2016)
Commonwealth vs. Barto
12.21.2016
Marc F. Lovecchio
Criminal:
Post-conviction relief act petition; ineffectiveness of counsel for failure to request nunc pro tunc reinstatement to file interlocutory appeal; merit of underlying issue; claim that prosecution was barred prior prosecution; duplication of legal issues due to similarity of charges, where legal issues clearly relate to different factual scenarios; bald assertions of a Brady violation; prejudice
(Barto122116L)
(Posted: December 21st 2016)
JH and SM Adoption
12.20.2016
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; parent evidencing settled purpose of relinquishing parental claim to a child or refusing or failing to perform parental duties; failure to appear at hearing; using every resource available to overcome obstacles that child's custodian put in place; parent's vow to cooperate, after long period of uncooperativeness; bond existing between child and parent
(AdoptionJHandSM122016m)
(Posted: December 20th 2016)
NW Adoption
12.19.2016
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; parent evidencing settled purpose of relinquishing parental claim to a child or refusing or failing to perform parental duties; failure to appear at hearing; bond existing between child and parent
(AdoptionofNW121916m)
(Posted: December 19th 2016)
Administrative Appeal:
Petition to review an extension of an involuntary mental health commitment; finding of severe mental disability; least restrictive treatment setting
(EZ121916g)
(Posted: December 19th 2016)
Commonwealth vs. Mullen
12.16.2016
Nancy L. Butts
Criminal:
post conviction relief act petition; ineffective assistance of counsel; waiver of pretrial motions by guilty plea; probable cause for search; trial counsel meeting the objective standard of reasonableness; release on nominal bail; totality of the circumstance under which Defendant pled guilty
(Mullen121616bt)
(Posted: December 16th 2016)
Civil:
Preliminary injunction motion; use of right of way; unreasonable interference; showing of immediate and irreparable harm
(knorr121616g)
(Posted: December 16th 2016)
Commonwealth vs. Weaver
12.15.2016
Marc F. Lovecchio
Criminal:
Appeal; unduly harsh and excessive sentence; discretion of sentencing court; volume discount for his crimes; crimes with significant impact on victims; lack of genuine remorse; significant juvenile criminal history
(Weaver121516L)
(Posted: December 15th 2016)
Commonwealth vs. Winters
12.15.2016
Marc F. Lovecchio
Criminal:
Appeal; sufficiency of evidence of sex-offender failing to register new address
(Winters121516L)
(Posted: December 15th 2016)
Commonwealth vs. Richardson
12.14.2016
Marc F. Lovecchio
Criminal:
Habeas corpus petition; prima facie case of receiving stolen property; constructive possession; sufficiency of evidence connecting stolen gun to defendant
(Richardson121416L)
(Posted: December 14th 2016)
Commonwealth vs. Bogden
12.14.2016
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facia case of sexual abuse of children where evidence shows that child pornography was downloaded to defendant's computer using a file sharing program; suppression motion; overbreadth of search warrant that sought from computers evidence relating to possession or distribution of child pornography; probable cause to locate offending computer based on IP address
(Bogden121416bt)
(Posted: December 14th 2016)
Koch vs Anonie
12.13.2016
Richard A. Gray
Civil:
Motion for post trial relief; non-jury decision; findings supported by competent evidence; encroachment on land as a windfall to plaintiff; equities of the whole case; de minimis rule; implied easement from prior use
(koch121316g)
(Posted: December 13th 2016)
Commonwealth vs. Hopaon
12.12.2016
Nancy L. Butts
Criminal:
Post conviction relief act petition; failure to appeal as per se ineffectiveness of counsel
(Hopson121216bt)
(Posted: December 12th 2016)
Commonwealth vs. McDowell
12.12.2016
Marc F. Lovecchio
Criminal:
Post sentence motions; claimed unduly harsh and manifestly excessive sentence; seriousness of crimes committed against elderly women; criminal history; volume discount for crimes due to defendant's age
(McDowell121216L)
(Posted: December 12th 2016)
Commonwealth vs. Burrell
12.12.2016
Marc F. Lovecchio
Criminal:
Appeal; conviction in absentia; defendant's presence deemed waived when he is given notice of trial and fails to appear; notice of trial date given in open court; forfeiture of right to file post-sentence motions; sentencing discretion; manifestly excessive or unreasonable sentence; protection of the community; sentence within statutory maximum
(Burrell121216L)
(Posted: December 12th 2016)
Welshans Application
12.9.2016
Dudley N. Anderson
Civil:
Application for relief from disability not to possess firearms and for expungement of civil commitment record; applicant not a danger to himself or others; statutory standards for expungement; clear and convincing evidence standard of proof; sufficiency of evidence upon which the involuntary commitment was based
(welshans120916a)
(Posted: December 9th 2016)
Administrative Appeal:
Appeal of conditional use application approval noise conditions; manifest abuse of discretion or an error of law; permitted uses; issues raised on appeal; findings supported by substantial evidence; difficulties with enforcement
(farmonbeeberdrive120916a)
(Posted: December 9th 2016)
Commonwealth vs. Green
12.8.2016
Nancy L. Butts
Criminal:
Suppression motion; child pornography; search of a wireless phone, pursuant to a warrant; scope of warrant; probable cause to search phone, which might not have been present at defendant's home, based on information locating an IP address at the home address; possibility of network being "tapped into"
(Green12081bt)
(Posted: December 8th 2016)
Civil:
Motion to determine the necessity to file a certificate of merit; psychological malpractice claim against court appointed doctor; judicial notice; immunity for communications made in the regular course of judicial_x000d_
proceedings that are material to relief sought; privilege; judicial power to adjudicate plaintiffs' claim; standing; lack of doctor/patient relationship; privity of contract; duty; collateral attack attempting to circumvent lack of direct appeal of family law order; paralysis of court's ability to best perform its work
(woodring120816minora)
(Posted: December 8th 2016)
KR Adoption
12.2.2016
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; parent evidencing settled purpose of relinquishing parental claim to a child or refusing or failing to perform parental duties; failure to appear at hearing; lack of any contact with the child; bond existing between child and parent;
(AdoptionofKR120216M)
(Posted: December 6th 2016)
Civil:
Preliminary objections; claimed fraudulent representations about history and condition of used car; gist of the action doctrine; tort claims arising solely from contractual relationship between the parties; misrepresentations falling outside obligations of contract itself; scandalous and impertinent matter; deposition transcript in unrelated case; factual basis for allegation of intentional, reckless or wanton conduct; emotional damages arising from breach of contract; specificity of allegations of fraud; recovery in negligence actions for injuries which are solely economic; exception to economic loss doctrine; sufficiency of facts to support count for breach of warranty; holder in due course of installment contract for purchase of vehicle; recovery limited to amount paid; specificity of allegations or violation of professions and occupations act; holder of the consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller
(Parmer120616g)
(Posted: December 6th 2016)
Civil:
Motions related to attempted execution on foreign judgment; interpretation of Uniform Enforcement of_x000d_
Foreign Judgments Act; filing of transcript of judgment rather than authenticated copy of judgment; striking of improperly entered judgment
(Dorsey120216a)
(Posted: December 3rd 2016)
Civil:
Petition to set aside settlement; claimed mutual mistake of fact; settlement involving mistake as to the expected development of a present condition; bad public policy; previous order enforcing the settlement; delay in raising issue
(Figured120216g)
(Posted: December 2nd 2016)
Commonwealth vs. W.A.R., JR.
12.1.2016
Marc F. Lovecchio
Criminal:
Commonwealth's motion to admit certain statements made by minor child under the Tender Years Act; child testifying at trial; inability to cross-examine child about testimonial statements made during interview; Confrontation Clause issue; hearsay; exception to the hearsay rule for present sense impression or then existing physical condition; sufficiency of notice in motion; determining the reliability of a statement
(Ross120116L)
(Posted: December 1st 2016)
Commonwealth vs. Frederick
11.30.2016
Nancy L. Butts
Criminal:
Application for order of a bill of particulars; notice to the accused of the offenses charged; adequacy of information provided to defendant; failure to explain how additional information would aid in defense
(Frederick113016bt)
(Posted: November 30th 2016)
Commonwealth vs. White
11.29.2016
Marc F. Lovecchio
Criminal:
Motion to amend restitution order; theft of Unemployment Compensation benefits; failure to make bankruptcy claim for full amount of overpayment; affordable monthly payments of restitution
(White112916L)
(Posted: November 29th 2016)
Commonwealth vs. Perez
11.29.2016
Nancy L. Butts
Criminal:
Murder case pretrial motions; motion to suppress evidence of defendant being in possession of another gun; prejudice; motion in limine to preclude portions of defendant's expert report; required degree of certainty; speculative opinion; motion for Brady Colloquy; motion to suppress recordings of prison visitations; possible Wiretap Act violations; oral communications not protected by the Act; consensual interception of communications; expectation of privacy in prison; motion to preclude letters and visitation recordings from evidence; evidence of prior bad acts; waiver of attorney client privilege by sharing contents of conversations with third party; relevance objections
(Perez112916bt)
(Posted: November 29th 2016)
Commonwealth vs. Poole
11.28.2016
Nancy L. Butts
Criminal:
Action required by court where appeal is filed by someone with no standing or legal capacity to file such an_x000d_
on behalf Defendant
(Poole112816bt)
(Posted: November 28th 2016)
Commonwealth vs. Watkins
11.23.2016
Marc F. Lovecchio
Criminal:
Habeas corpus motion; prima facie case; concealment of firearm on person outside home or place of abode; residence of defendant; warrantless entry; standing; reasonable suspicion to conduct pat-down search
(Watkins112316L)
(Posted: November 23rd 2016)
In the interest of EC
11.23.2016
Joy Reynolds McCoy
Criminal:
Juvenile adjudication; sufficiency of evidence of theft by unlawful taking and receiving stolen property; juvenile as passenger in vehicle he knew to be stolen; question of possession or exercise of control over vehicle; juvenile not present when vehicle was stolen; conviction of offenses for which juvenile was not charged
(InReEC112316m)
(Posted: November 23rd 2016)
Commonwealth vs. Marchese
11.18.2016
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie evidence of possession of drugs and paraphernalia, and DUI; constructive possession; proximity to contraband, supported by other circumstantial evidence; odor of burnt marijuana emanating from vehicle; suppression motion; probable cause to stop vehicle for Vehicle Code violation; probable cause to arrest for failure to properly perform filed sobriety tests; motion in limine to preclude police officer testimony as expert that defendant was driving under the influence of marijuana; stipulated suppression of evidence of refusal to submit to blood test
(Marchese111816bt)
(Posted: November 18th 2016)
Commonwealth vs. Short
11.15.2016
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facia case of retaliation against a witness or victim; lack of evidence that person was a witness or victim or that she was harmed
(Short111516bt)
(Posted: November 15th 2016)
JAN Adoption
11.14.2016
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parental claim for 6 months; failure to perform parental duties; complete lack of contact with child; failure to appear at termination hearing; lack of parental bond
(AdoptionofJN111416m)
(Posted: November 14th 2016)
Commonwealth vs. Weller
11.10.2016
Nancy L. Butts
Criminal:
Amended post-conviction relief act petition; claims that do not go to the truth determining process; claims cognizable under the act
(Weller111016bt)
(Posted: November 10th 2016)
Commonwealth vs. Bodle
11.10.2016
Richard A. Gray
Criminal:
Post-conviction relief act petition; timeliness; waiver of issues previously litigated or waived; requirements for eligibility for post-conviction relief; ineffective assistance of counsel; lack of prejudice
(bodle1110316g)
(Posted: November 10th 2016)
Commonwealth vs. Coleman
11.10.2016
Richard A. Gray
Criminal:
Motion in limine to preclude Trooper as expert witness; weight and credibility of the testimony
(Coleman111016g)
(Posted: November 10th 2016)
Civil:
Non-jury verdict; security measures imposed on holders of right of way during Little League World Series; ownership by adverse possession; adverse, open, continuous, notorious and uninterrupted use; clear and convincing evidence; unreasonable interfere with use of an easement by landowner
(littleleague111016g)
(Posted: November 10th 2016)