Civil:
Preliminary objections; legal sufficiency of claim fraud; economic loss doctrine; exception for negligent misrepresentation; gist of the action; recasting ordinary breach of contract claims into tort claims; claim for intentional breach of contract; fraudulent inducement
(guenot060116g)
(Posted: June 6th 2016)
Goldy vs. Woodlands Bank
5.31.2016
Richard A. Gray
Civil:
Summary judgment motion; slip and fall case; assumption of the risk; subjective appreciation of the danger of defect in sidewalk; inability of plaintiff to say that a sidewalk defect caused her fall; logical and reasonable inferences; material factual questions
(Goldy053116g)
(Posted: June 6th 2016)
Commonwealth vs. Reuss
6.1.2016
Marc F. Lovecchio
Criminal:
Suppression motion; timeliness; interest of justice; defendant's attorney's attempt to circumvent the rules by transferring representation to another attorney; consideration of the merits of the underlying suppression motion; probable cause for motor vehicle stop; failure to use turn signal where vehicle was only able to turn right
(Reuss060116L)
(Posted: June 1st 2016)
Commonwealth vs. Drummond
5.31.2016
Nancy L. Butts
Criminal:
Post-conviction collateral relief act petition; sentencing issue; crime victim compensation/victim service fee assessments on summary convictions; superseding statutory provisions; proper time credit for days incarcerated before sentencing hearing; waiver of sentencing issue by failure to file direct appeal; ineffective counsel claim where counsel unsuccessfully made the argument that defendant believes counsel should have made
(JAD053116bt)
(Posted: June 1st 2016)
Criminal:
Suppression motion; constitutionality of Pennsylvania's implied consent law; reasonableness of warrantless blood test of a drunk-driving suspect; unconstitutional conditions doctrine; lack of criminal liability as a direct consequence of refusing a chemical blood test; actual consent for blood test
(GSH053116bt)
(Posted: June 1st 2016)
Commonwealth vs. Keiss
6.1.2016
Marc F. Lovecchio
Criminal:
Motions to reconsider sentence; boating under the influence; grading and offense number disputes; request for reduction of sentence so defendant could be present for the birth of his child; eligibility for intermediate punishment because of prior convictions; inclusion of New York conviction for driving while impaired in calculation; statutory interpretation; differences between boating and driving under the influence statutes; inclusion of substantially similar offense from another jurisdiction; applicability of Vehicle Code grading and penalty provisions; look back periods or time limits
(Kiess060116L)
(Posted: June 1st 2016)
Commonwealth vs. Forsythe
5.18.2016
Nancy L. Butts
Criminal:
Motion for release on nominal bail during Commonwealth appeal of suppression decision; excludable time under rule 600
(TDF051816bt)
(Posted: May 27th 2016)
Commonwealth vs. Harmer
5.16.2016
Richard A. Gray
Criminal:
Post-conviction relief act petition; guilty plea; ineffective assistance of counsel claim; voluntariness of the plea; record demonstrating guilt; lack of issues of material fact
(Harner051616g)
(Posted: May 27th 2016)
Civil:
Forfeiture petition; claim of lienholder; individual who assisted defendant in financing vehicle because of personal relationship; lack of legal interest in vehicle; failure to object to forfeiture or to assert equitable claim; rights fixed through a statutory scheme
(Goff051916g)
(Posted: May 27th 2016)
In re C G
5.27.2016
Richard A. Gray
Civil:
Motion to dismiss petition for involuntary emergency examination and treatment of an incarcerated individual; deteriorating mental condition while incarcerated; refusal of prisoner to accept psychiatric evaluation and treatment; prisoner not presenting clear and present danger of harm to others or herself; strict construction of the Act; required physical debilitation resulting from mental health condition; need for legislative solution; prisons as warehouse for mentally ill
(CG052716g)
(Posted: May 27th 2016)
Commonwealth vs. Jennings
5.27.2016
Marc F. Lovecchio
Criminal:
Commonwealth's motion to amend the information; second amendment; lack of prejudice
(Jennings052716L)
(Posted: May 27th 2016)
Commonwealth vs. Gates
5.27.2016
Marc F. Lovecchio
Criminal:
Commonwealth appeal of decertification order; evidence that defendant could be rehabilitated prior to expiration of juvenile court jurisdiction; no opportunity to engage in therapy; transfer promoting public safety both in the short and long term
(Gates052716L)
(Posted: May 27th 2016)
Commonwealth vs. Beaghley
5.27.2016
Marc F. Lovecchio
Criminal:
Suppression motion; waiver of Miranda rights; claim of intoxication; signs of alcohol impairment or intoxication; confession the product of an essentially free and unconstrained choice
(Beaghley052716L)
(Posted: May 27th 2016)
Commonwealth vs. Cartwright
5.27.2016
Marc F. Lovecchio
Criminal:
Claimed immunity from intermediate punishment violation pursuant to drug overdose response immunity statute; clear language of the statute; question of whether person who reported overdose and remained with defendant, may not be charged and is entitled to immunity under the act; applicability of statute to intermediate punishment violation
(cartwright052716L)
(Posted: May 27th 2016)
Commonwealth vs. TMT
5.25.2016
Nancy L. Butts
Criminal:
Petition to transfer minor to juvenile court; 16 year old who participated in a home invasion; threat of juvenile to the community; response to treatment; recommendation of probation officers
(TMT052516bt)
(Posted: May 26th 2016)
Commonwealth vs. Joiner
5.26.2016
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause for vehicle stop; credible testimony by police officer that defendant rolled through two stop signs
(Joiner052616L)
(Posted: May 26th 2016)
Commonwealth vs. Bean
5.23.2016
Dudley N. Anderson
Criminal:
Motion to preclude defenses; charges related to certain incidents of sexual behavior; evidence of consent; assuming absence of consent where person is unconscious; relevancy of evidence that rebuts assumed consent; use of drugs as affecting consent; evidence of past prostitution activities with defendant; Rape Shield Law; in camera hearing to determine relevancy to show bias or motive or to attack credibility; prejudice; alternative means of proof
(Bean052316a)
(Posted: May 24th 2016)
Commonwealth vs. Jennings
5.19.2016
Marc F. Lovecchio
Criminal:
Motion to dismiss; sex offender vehicle registration requirements; discovery of emails and correspondence between or among the Pennsylvania Board of Probation and Parole and law enforcement; remedies for discovery violations; discretion to dismiss charges for extreme and egregious violations; prejudice; availability of traditional contempt sanctions for willful discovery violations
(Jennings051916L)
(Posted: May 19th 2016)
Commonwealth vs. Barkholz
5.17.2016
Marc F. Lovecchio
Criminal:
Restitution modification motion; adopting civil settlement agreement; enforceability of civil agreement criminal proceeding
(barkholz051716L)
(Posted: May 18th 2016)
Civil:
Motion for reconsideration; petition to vacate or modify arbitration award; personal jurisdiction over non-signer of agreement to arbitrate; compelling non-signer to arbitrate; waiver of objection to the arbitrator's personal jurisdiction by non appearance
(kiehl051716a)
(Posted: May 17th 2016)
Administrative Appeal:
Appeal; interpretation of collective bargaining agreement; responsibilities of arbitrator to determine in the first instance whether teacher waived his right to grieve and arbitrate his termination from employment; entitlement to preliminary injunctive relief; adequate remedy at law
(JerseyShore050516g)
(Posted: May 14th 2016)
Civil:
Preliminary objections; sub-contract dispute; demurrer to quantum meruit claim; unjust retention of a benefit without payment; claim by subcontractor against contractor with which subcontractor did not contract; interpretation of the Contractor and Subcontractor Payment Act; statute of limitations for action on a bond; statutory notice requirements for claim on a bond; compliance with requirement of written notice to primary contractor; applicability of stay provisions in subcontract agreement
(Killinger051216g)
(Posted: May 14th 2016)
ARK Adoption
5.10.2016
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; incarcerated parent; hereon addict with extensive, related criminal record; settled purpose to relinquish parental claim to a child or failure to perform parental duties for at least six months; failure to perform affirmative duty to be part of a child's life; lack of attempts to communicate with or see the child; pattern of drug abuse and incarceration leaving child without essential parental care; bond between father and child; best interest of child
(AdoptionofARK051016m)
(Posted: May 11th 2016)
Civil:
Summary judgment motion; fall on mat which operated automatic doors at hospital; need for medical expert testimony; allegation that physical therapy staff had duty to assess plaintiff's condition to determine if he needed assistance to exit the facility; action occurring within course of professional relationship; sufficiency of engineering expert testimony; causation issue
(Galeano051116a)
(Posted: May 11th 2016)
Commonwealth vs. Showers
5.9.2016
Marc F. Lovecchio
Criminal:
Petition for post conviction relief; amended petition by counsel after pro se filing; avoiding hybrid representation; challenge to mandatory sentence where no mandatory sentence was imposed; inapplicability of revisions to sentencing provisions that were implemented after offenses committed; avoiding Alleyne problem where jury finds the element of the offense necessary for sentencing
(Showers050916L)
(Posted: May 9th 2016)
Commonwealth vs.Banks
5.9.2016
Marc F. Lovecchio
Criminal:
Suppression motion; reasonable suspicion of parole officers to search defendant's residence; uncorroborated_x000d_
anonymous tip of a violation of parole; admissions by parolee; investigative detention or mere encounter; official compulsion to stop or respond; discrepancies between the affidavit of probable cause and suppression hearing testimony
(Banks050916L)
(Posted: May 9th 2016)
Commonwealth vs. Sears
5.6.2016
Marc F. Lovecchio
Criminal:
Appeal of murder conviction; sufficiency of the evidence of malice; evidence that defendant aimed gun and pulled trigger, not knowing if the gun was loaded; suppression motion; prison informant acting as agent of the Commonwealth or on his own to try to get a lesser sentence; unduly harsh and manifestly excessive sentence; discretion of the court; consideration of protection of public, gravity of offense in relation to the impact on victim and community, and rehabilitative needs of defendant
(Sear050616L)
(Posted: May 7th 2016)
Commonwealth vs. Payne
5.6.2016
Marc F. Lovecchio
Criminal:
Pretrial motion; admissibility of hearsay statements under the Tender Years Act; availability of child as witness; indicia of reliability of statements; testimonial statements; primary purpose of the interrogation; petition for writ of habeas corpus; prima facie evidence of penetration in rape case; risk of future serious bodily injury if disease contracted from rape was untreated, as establishing element of serious bodily harm
(Payne050616L)
(Posted: May 7th 2016)
Civil:
Motion to quash appeal from arbitration; reasonableness of inspection fees; presumption of common law arbitration where the agreement does not specify type of arbitration; showing that hearing was denied or that there was some fraud, misconduct, corruption or other irregularity of the arbitrator which caused an unjust, inequitable or unconscionable award; challenge to the process and not the results or the arbitration
(Hughesville042216g)
(Posted: April 29th 2016)
KB vs. KB
4.22.2016
Joy Reynolds McCoy
Divorce:
Exceptions to family court hearing officer's determination of date of separation of the parties; intent of the parties to live separate and apart; continued sexual relations after no longer residing together in the marital home
(KB042216m)
(Posted: April 28th 2016)
Commonwealth vs. Michael
4.27.2016
Marc F. Lovecchio
Criminal:
Motion to dismiss; Drug Overdose Immunity Statute; definition of drug overdose event; balance between saving lives and prosecution; reasonable belief of person who calls in emergency; liberal construction of statute
(michael042716L)
(Posted: April 27th 2016)
Civil:
Motion in limine; measure of damages for conversion of jewelry; claim for replacement cost and sentimental value; readily valued property; market value of the converted property at the time and place of conversion
(daskalakis041816a)
(Posted: April 18th 2016)
Commonwealth vs. Harris
4.13.2016
Marc F. Lovecchio
Criminal:
Appeal; applicability of sentencing guidelines to a probation violation; necessity of state incarceration where defendant violated probation and showed no interest in changing his life around or cooperating in any rehabilitation efforts
(Harris041316L)
(Posted: April 13th 2016)
Guffy Estate
4.12.2016
Marc F. Lovecchio
Wills and Estates:
Objections to final estate accounting; reasonableness of executor's fee where executor removed for failure to properly administer estate; time calculations inflated and services provided unnecessary and unreasonable; reasonableness of executor's expenses for repeated trips from out of state
(guffy041216L)
(Posted: April 12th 2016)
Commonwealth vs. Jennings
4.12.2016
Marc F. Lovecchio
Criminal:
Commonwealth's motion to amend Information and motion in limine; failing to provide accurate information when registering as a sexual offender; amending information to add lesser included offense; admissibility of evidence of the conviction of defendant for not having a license or his license was suspended or revoked at trial for registration offense; prejudice
(Jennings041215L)
(Posted: April 12th 2016)
Commonwealth vs. Dincher
4.12.2016
Marc F. Lovecchio
Criminal:
Violation of intermediate punishment; modification of terms
(Dincher041216L)
(Posted: April 12th 2016)
Commonwealth vs. Scarantino
4.11.2016
Marc F. Lovecchio
Criminal:
Evidence admissible at sentencing hearing; victim impact testimony of family of person killed by gunshot, where only conviction was of a charge related to possession of the gun; relevancy of evidence; due process considerations; sentencing court's reliance on impermissible factors
(Scarantino041116L)
(Posted: April 11th 2016)
Synchrony Bank vs. Peters
4.8.2016
Richard A. Gray
Civil:
Appeal; summary judgment entered against a party who does not respond; lack of dispute as to issues of material fact; waiver for failure to raise issues in trial court
(Synchrony040816g)
(Posted: April 8th 2016)
Commonwealth vs. Rummings
4.4.2016
Richard A. Gray
Criminal:
Appeal; sufficiency and weight of the evidence; timeliness of appeal; theft offenses; unduly harsh sentence; consideration of sentencing guidelines and statutory factors
(Rummings040416g)
(Posted: April 8th 2016)
Commonwealth vs. Pelletier
4.8.2016
Marc F. Lovecchio
Criminal:
Petition for return of firearms; eligibility of individuals to possess firearms; person involuntarily committed for inpatient care and treatment under § 302 of the Mental Health Procedures Act; certification that inpatient care was necessary
(Pelletier040816L)
(Posted: April 8th 2016)
Commonwealth vs. DeRaffele
4.8.2016
Marc F. Lovecchio
Criminal:
Summary appeal; occupancy of premises that had been previously condemned and placarded; enforceability of the international property maintenance code, by ordinance; version of code adopted; waiver of issue not raised with MDJ; interests of justice; abatement of violation as defense
(DeRaffele040816L)
(Posted: April 8th 2016)
Commonwealth vs. Schenck
4.8.2016
Marc F. Lovecchio
Criminal:
Appeal; sufficiency of evidence of aggravated assault of child; injuries occurring during custody of defendant; weight of the evidence; objection to cross examination of child's mother on quality care of the child; discretion of court on admissibility of evidence
(schenck040816L)
(Posted: April 8th 2016)
Commonwealth vs. Williams
4.7.2016
Marc F. Lovecchio
Criminal:
Commonwealth's motion in limine; expert testimony; opinion based on specialized knowledge beyond the knowledge possessed by average layperson; testimony regarding a person's capabilities following an injury; standard of definiteness required for expert
(Williams040716L)
(Posted: April 7th 2016)
Commonwealth vs. Buie
3.29.2016
Joy Reynolds McCoy
Criminal:
Appeal; failure to file concise statement; waiver of issues
(Buie032916m)
(Posted: April 6th 2016)
Commonwealth vs. Forsythe
3.31.2016
Nancy L. Butts
Criminal:
Motion to reconsider suppression order; interpretation of Municipal Police Jurisdiction Act; irreconcilable conflict between two statutory provisions; special provisions of statute construed as exception to irreconcilable general provision; suppression of evidence as the appropriate remedy when police have acted without authority
(Forsythe033116bt)
(Posted: March 31st 2016)
JRO Adoption
3.18.2016
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; court may terminate parental rights where a parent_x000d_
demonstrates a settled purpose of relinquishing parent claim to a child or fails to perform parental duties for at least six months prior to filing for the termination; active military service; mother moved frequently; failure to use court system to ensure relationship with child; clear and convincing evidence
(AdoptionofJRO031816m)
(Posted: March 22nd 2016)
LW Adoption
3.18.2016
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; court may terminate parental rights where a parent_x000d_
demonstrates a settled purpose of relinquishing parent claim to a child or fails to perform parental duties for at least six months prior to filing for the termination; imprisoned parent; bond between the child and parent
(AdoptionofLW031816m)
(Posted: March 22nd 2016)
Commonwealth vs. JEG
3.17.2016
Dudley N. Anderson
Criminal:
Appeal; sufficiency of the evidence of rape of a child, statutory sexual assault, aggravated indecent assault, unlawful restraint of a minor, endangering welfare of a child and corruption of a minor; sexually violent predator finding
(jeg031716a)
(Posted: March 17th 2016)
Commonwealth vs. Bean
3.15.2016
Dudley N. Anderson
Criminal:
Suppression motion; admissions made during guilty plea discussions; knowing, intelligent or voluntary waiver of right to remain silent; district attorney's promises of benefits or special considerations to induce admissions
(Bean031516a)
(Posted: March 15th 2016)
Commonwealth vs. McDowell
3.14.2016
Marc F. Lovecchio
Criminal:
Rule 600 motion to dismiss or for nominal bail; calculation of excludable time; delay caused by the Commonwealth's lack of due diligence; authority of counsel to request continuances on behalf of defendant; waiver of claim that periods labeled as excludable in a continuance order are not excludable; availability of witnesses; denial of nominal bail based on perceived inability of defendant to comply with any conditions of release designed to protect elderly women and the community
(McDowell031416L)
(Posted: March 15th 2016)
Criminal:
Suppression motion; police request to bar patron to accompany officer outside to discuss parking lot accident; arrest; reasonable suspicion of criminal activity; police investigation of summary offense
(Helminiak030716bt)
(Posted: March 9th 2016)
Commonwealth vs. Stouffer
3.4.2016
Marc F. Lovecchio
Criminal:
Commonwealth's motion to preclude testimony; defense use of expert testimony on affirmative defense of diminished capacity in aggravated assault case; limitation of defense to first degree murder case
(Stouffer030416L)
(Posted: March 8th 2016)
Commonwealth vs. KP
3.8.2016
Marc F. Lovecchio
Criminal:
Motion to admit statements under the Tender Years Hearsay Act; child not available as a witness; serious emotional distress that would substantially impair child's ability to reasonably communicate; statements made with sufficient indicia of reliability
(Payne030816L)
(Posted: March 8th 2016)
Civil:
Summary judgment motions; Right to Farm Act; nuisance suit filed as a result of allegedly strong obnoxious odors emanating from farm fields; public policy in support of farming operations;; statutory protection from nuisance suits
(Branton030416g)
(Posted: March 4th 2016)
Commonwealth vs.Kuhns
3.3.2016
Marc F. Lovecchio
Criminal:
Appeal; petition for return of property; refusal to care for injured dog; derivative contraband
(Kuhns030316L)
(Posted: March 3rd 2016)
Commonwealth vs. Sailor
3.3.2016
Marc F. Lovecchio
Criminal:
Motion in limine to preclude mentioning the injuries victim suffered because Defendant will stipulate to_x000d_
the injuries; proof of element of offense; relevant evidence
(Sailor030316L)
(Posted: March 3rd 2016)
Criminal:
Motion to dismiss; reasonable suspicion to stop vehicle; information of third parties; officer's observation of further criminal activity
(Rinehimer022916bt)
(Posted: March 3rd 2016)
Commonwealth vs. Wylie
2.29.2016
Nancy L. Butts
Criminal:
Suppression motion; probable cause to arrest; investigatory detention upon reasonable suspicion of unlawful activity; warrantless search of an automobile upon probable cause_x000d_
(Wylie022916bt)
(Posted: March 3rd 2016)
Commonwealth vs. Forsythe
2.29.2016
Nancy L. Butts
Criminal:
Suppression motion; interdiction roving patrol; vehicle stop; jurisdiction of officer; extraterritorial foray to acquire evidence where probable cause did not yet exist
(Forsythe022916bt)
(Posted: March 3rd 2016)
Commonwealth vs. Reedy
2.29.2016
Nancy L. Butts
Criminal:
suppression motion; vehicle stop for high beam violation; reasonable suspicion of violation of Motor Vehicle Code
(Reedy022916bt)
(Posted: March 3rd 2016)
Commonwealth vs. Ball
3.2.2016
Marc F. Lovecchio
Criminal:
Commonwealth appeal of sentence; sentencing discretion of the court; consideration of the particular circumstances of the offense and the character of the defendant; deviation from the guidelines; consideration of psychological effect of solitary confinement to conduct of prisoner; statutory sentencing factors; impact of probationary sentence as depreciating the seriousness of crimes and encouraging others to commit crimes
(Ball030216L)
(Posted: March 2nd 2016)
Civil:
Competing petitions to confirm or to vacate arbitration award; personal jurisdiction over corporation president; waiver of objections
(Kiehl022916a)
(Posted: February 29th 2016)
AC vs. AB
2.29.2016
Dudley N. Anderson
Custody:
Complaint to establish paternity and for genetic testing; estoppel; abandonment
(AC022916a)
(Posted: February 29th 2016)
Commonwealth vs. Jennings
2.19.2016
Nancy L. Butts
Criminal:
Motion for reconsideration of habeas corpus petition denial; after discovered evidence; vagueness of Megan's Law vehicle registration provision; prima facie case
(Jennings021916bt)
(Posted: February 24th 2016)
Civil:
Summary judgment motion; contract interpretation; waiver of worker's compensation immunity to provide indemnity; res judicata and collateral estoppel; waiver of worker's compensation subrogation; specificity of contract
(QCEnergyResource LLC022316g)
(Posted: February 24th 2016)
Commonwealth vs. JEG
2.22.2016
Dudley N. Anderson
Criminal:
Post-sentence motion for new trial; weight of the evidence of unlawful restraint of a minor, endangering the welfare of a child and corruption of a minor; course of conduct, encompassing only two incidents of abuse; prosecutor's reference to a "PFA"; cautionary instructions; admissibility as substantive evidence a child's statements to an interviewer relating to sexual abuse; sufficient indicia of reliability; motive to fabricate
(jeg022216a)
(Posted: February 23rd 2016)
Commonwealth vs. Probst
2.16.2016
Nancy L. Butts
Criminal:
Post conviction relief act petition; claim that trial counsel was ineffective for failure to inform defendant of a twenty-five year mandatory minimum prison sentence; prejudice where there was no plea agreement offered
(Probst021616bt)
(Posted: February 20th 2016)
Commonwealth vs. Stone
2.16.2016
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case of institutional sexual assault; date, day of the week, and time of the_x000d_
alleged offenses as material elements of offense
(Stone021616bt)
(Posted: February 20th 2016)
Commonwealth vs. Bigelow
2.16.2016
Nancy L. Butts
Criminal:
Post conviction relief act; ineffective counsel; factual basis for plea to burglary and endangering the welfare of a child; knowing and voluntary plea; prejudice
(Bigelow021616bt)
(Posted: February 20th 2016)
Commonwealth vs. Cook
2.16.2016
Nancy L. Butts
Criminal:
Post-conviction relief act petition; timeliness; jurisdiction of the court; retroactive application of Alleyne case
(Cooke021616bt)
(Posted: February 20th 2016)
Commonwealth vs. Keys
2.16.2016
Nancy L. Butts
Criminal:
Post-conviction relief act petition; timeliness; jurisdiction of the court; retroactive application of Alleyne case
(Keys021616bt)
(Posted: February 20th 2016)
Commonwealth vs. Bodle
2.18.2016
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; use of character witnesses; personal opinion testimony; competency of witnesses; reasonable basis not to call character witnesses; credibility of witnesses; bald allegations without proof
(Bodle021816L)
(Posted: February 18th 2016)
Commonwealth vs. Weever
2.18.2016
Marc F. Lovecchio
Criminal:
Suppression motions; unconstitutional interrogation; Miranda warnings; custodial interrogation; detention that has become so coercive as to constitute functional equivalent of an arrest; police inquiry about when defendant "last smoked marijuana"
(weever021816L)
(Posted: February 18th 2016)
Criminal:
Consolidation motion; defendants alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses; judicial economy; bare assertion of prejudice
(wilson021716L)
(Posted: February 17th 2016)
Commonwealth vs. Masser
2.17.2016
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; knowing, voluntary and intelligent guilty plea; lack of specific plea agreement regarding aggregate sentence to be imposed
(Masser021716L)
(Posted: February 17th 2016)
Commonwealth vs. Harris
2.16.2016
Richard A. Gray
Criminal:
Appeal; motion for mistrial; document not disclosed during discovery; prejudice; vague statements in the rule 1925 statement; sufficiency of the evidence of drug offenses
(harris021116g)
(Posted: February 16th 2016)
Civil:
Motion for judgment on the pleadings; forced buy-out of minority shareholder; remedies allowed by the Business Corporation Law; court's equitable powers; claim that a single entity can conspire with itself; claim for conversion where plaintiff's stock is being taken at reduced value as a result of the majority shareholders' action
(Pellegrino911216g)
(Posted: February 16th 2016)
Commonwealth vs. Ball
2.16.2016
Marc F. Lovecchio
Criminal:
Petition to withdraw from criminal representation; irreconcilable differences between the parties; jurisdiction of the court to act in cases on appeal; entitlement to appointed counsel; appointment of new counsel
(Ball021616L)
(Posted: February 16th 2016)
Commonwealth vs. Jett
2.12.2016
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause to support issuance of search warrant of vehicle; probable cause to search residence; nexus between the items sought and the place to be searched
(Jett021226L)
(Posted: February 13th 2016)
Commonwealth vs. Anderson
2.12.2016
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; unlawfully induced guilty plea; claim not supported by guilty plea documents
(Anderson021216L)
(Posted: February 13th 2016)
Commonwealth vs. Bell
2.5.2016
Nancy L. Butts
Criminal:
Suppression motion; saturation patrol for drug interdiction established by authority of county district attorney; jurisdiction of college police officer to stop vehicle within 500 yards of college; capacity of officer
(Bell020516bt)
(Posted: February 10th 2016)
Commonwealth vs. Chase
2.8.2016
Marc F. Lovecchio
Criminal:
Suppression motion; reasonable suspicion to stop vehicle for suspected DUI; erratic driving
(Chase020816L)
(Posted: February 8th 2016)
Commonwealth vs. Sowell
2.8.2016
Marc F. Lovecchio
Criminal:
Appeal; post conviction relief act petition; waiver of issues not raised in the lower court; legality of sentence; statutory construction; applicability of Alleyne to guideline sentence; issue previously litigated; sufficiency of evidence
(Sowell020816L)
(Posted: February 8th 2016)
Civil:
Motion for preliminary injunction; jurisdiction to determine whether or not tenured public school teacher_x000d_
waived right to grieve and arbitrate termination from employment; last chance agreement that waives rights; express waiver of right to arbitration; School Code prohibition of waiver of its provisions; issues to be determined in the first instance by an arbitrator
(JerseyShoreAreaSchoolDistrict020316g)
(Posted: February 6th 2016)
Commonwealth vs. Gillespie
2.3.2016
Marc F. Lovecchio
Criminal:
Appeal; violation of probation; repeated failure to comply with conditions of supervision; probationary order not serving rehabilitative effect; reasonableness of prison sentence
(Gillespie020316L)
(Posted: February 3rd 2016)
Administrative Appeal:
Appeal of denial of variance; construction of deck that encroaches on required ten-foot setback; unique physical conditions peculiar to the property; abuse of discretion or an error of law; unreasonable economic burden
(Camacho020316A)
(Posted: February 3rd 2016)
Civil:
Summary judgment motion; trespass claim relating to the location of water main service line; property dedicated to public use; need for expert testimony for claim of negligently providing professional engineering services; party not in privity of contract with the professional
(GreyFoxPlaza020316a)
(Posted: February 3rd 2016)
AXH Adoption
1.29.2016
Joy Reynolds McCoy
Adoption:
Petition to involuntarily terminate parental rights; parent evidencing settled purpose of relinquishing parental claim to child or refusing or failing to perform parental duties; lack of recent contact; consideration to the developmental, physical and emotional needs and welfare of the child; existence of bond between parent and child
(AdoptionofAH012916m)
(Posted: February 2nd 2016)
Commonwealth vs. Allen
1.26.2016
Marc F. Lovecchio
Criminal:
Suppression motion; reasonable suspicion to stop vehicle; probable cause to search vehicle passenger; collateral estoppel; consent to search; fruit of the poisonous tree; motion is for a writ of habeas corpus; sufficiency of the evidence of passenger's possession of drugs and weapons in vehicle; constructive possession
(Allen012616L)
(Posted: January 27th 2016)
Commonwealth vs. Wilson
1.26.2016
Marc F. Lovecchio
Civil, Criminal:
Suppression motion; timeliness; jurisdiction of officers to arrest based no invalid warrant; de minimis violation; interests of justice; prejudice; search as a result of illegal arrest; reasonable suspicion to search, waiver of Miranda rights
(Wilson012616L)
(Posted: January 27th 2016)
Commonwealth vs. McClain
1.26.2015
Marc F. Lovecchio
Criminal:
Motion to modify and correct illegal sentence nunc pro tunc treated as a post conviction relief act petition; timeliness; retroactive application of Alleyne decision
(McClain012616L)
(Posted: January 27th 2016)
Commonwealth vs. Coleman
1.21.2016
Marc F. Lovecchio
Criminal:
Motion to amend nolle pros order; prosecutorial misconduct; abuse of discretion; prejudice
(Coleman012116L)
(Posted: January 21st 2016)
Civil:
Motion to consolidate; defendants who participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses; judicial economy; possibility of conflicting or antagonistic_x000d_
defenses; potential for prejudice; fact that co-defendants blame one another
(Allen011916bt)
(Posted: January 21st 2016)
Commonwealth vs. Andrews
1.19.2016
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; Alleyne v. United States issue; jurisdiction of the court
(Andrews011916bt)
(Posted: January 21st 2016)
Commonwealth vs. Arthur
1.19.2016
Nancy L. Butts
Criminal:
Motion for modification of sex offender registration requirement; duty to register as sexual offender where plea agreement made no mention of registration
(Arthur011916bt)
(Posted: January 21st 2016)
Commonwealth vs. Sawyer
1.19.2016
Nancy L. Butts
Criminal:
Motion to amend information; amended charge involving the same basic elements and evolving out of the same_x000d_
factual situation; prejudice
(Sawyer011916bt)
(Posted: January 21st 2016)
Commonwealth vs. Thomas
1.19.2016
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion to stop vehicle; vision impaired by objects in windshield
(Thomas011916bt)
(Posted: January 21st 2016)