Commonwealth vs. Villaneuva
1.28.2015
Marc F. Lovecchio
Criminal:
Post-sentence motion; sufficiency of evidence of identity; weight of evidence
(Villanueva012815L)
(Posted: January 28th 2015)
Criminal:
Habeas corpus petition; sufficiency of the evidence; suppression motion; search of a home by Federal Marshal's Fugitive Task Force; consent to search for fugitive; observations of drug paraphernalia and gun in plain sight; inaccurate address in warrant where apartment is described particularly; justifiable warrantless search because of request from another law enforcement agency; exigent circumstances where suspects already in custody; protective sweep where no reasonable suspicion that residence harbored individuals posing danger to police; inevitable discovery; sufficiency of warrant application to show probable cause for search, after illegally obtained information is excised from the search warrant; smell of burnt marijuana and observation of stolen handgun
(murray-bey012615L)
(Posted: January 27th 2015)
Commonwealth vs. Colling
1.23.2015
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause for vehicle stop; circumstances indicative of impaired driving; mere reasonable suspicion to believe defendant was an impaired driver; no observation of vehicle code violation
(colling012315L)
(Posted: January 24th 2015)
Commonwealth vs. Nixon
1.23.2015
Marc F. Lovecchio
Criminal:
Habeas corpus petition; claimed improper denial of parole; violation of sentencing order; exclusive authority of Parole Board; right to parole at expiration of minimum sentence; re-sentencing without due process of law; jurisdiction of court
(Nixon012315L)
(Posted: January 24th 2015)
Commonwealth vs. Seitzer
1.23.2015
Richard A. Gray
Criminal:
Appeal; non-jury trial; sufficiency of evidence; of criminal mischief; evidence of intent to damage property
(Seitzer012315g)
(Posted: January 24th 2015)
Adoption of SG
1.22.2015
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; settled purpose to relinquish parental claim to a child or failing to perform parental duties for at least 6 months; failure to show even a passive interest in his child; consideration to the developmental, physical and emotional needs and welfare of the child
(AdoptionofSG012215m)
(Posted: January 22nd 2015)
ADB vs. AMK
1.21.2015
Dudley N. Anderson
Support:
Complaint to establish paternity and for genetic testing; challenge to acknowledgment of paternity; fraud, duress or material mistake of fact; clear and convincing evidence; paternity by estoppel; best interests of the involved child; focus on the father-child relationship
(ADB012115a)
(Posted: January 22nd 2015)
Commonwealth vs. Britford
1.20.2015
Richard A. Gray
Criminal:
Appeal; sentencing discretion; bald assertion of abuse of discretion; sentence within guidelines
(britford012015g)
(Posted: January 21st 2015)
Commonwealth vs. Waldrab
1.20.2015
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle stop; observation of driving clues; reasonable suspicion; nervousness due to being followed by unmarked car at night; explanation for conduct negating reasonable suspicion
(Waldrab01212015L)
(Posted: January 21st 2015)
Commonwealth vs. Segraves
1.21.2015
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel; conceded merit to claim that counsel failed to call a material defense witness; prejudice; reasonable probability of different outcome of trial
(Segraves012115L)
(Posted: January 21st 2015)
Commonwealth vs. Minor
1.16.2015
Nancy L. Butts
Criminal:
Motion to reconsider suppression order; search of the person; totality of the circumstances; investigative detention; justification to conduct a pat down; probable cause; search incident to a lawful arrest
(Minor011615bt)
(Posted: January 21st 2015)
Commonwealth vs. Norris
1.16.2015
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; retroactive application of Alleyne decision; jurisdiction of the court
(Norris011615bt)
(Posted: January 21st 2015)
Commonwealth vs. Bey
1.20.2015
Marc F. Lovecchio
Criminal:
Motion to suppress; search of hotel room; misstatements of fact that invalidate a search; withholding highly relevant facts; probable cause; totality of the circumstances; nexus between contraband to be seized and place to be searched
(Bey012015L)
(Posted: January 20th 2015)
Commonwealth vs. Walker
1.20.2015
Dudley N. Anderson
Criminal:
Post sentence motion; sufficiency of evidence of drug and corruption charges; admissibility of telephone calls alleged to be prejudicial; harmless error
(Walker012015a)
(Posted: January 20th 2015)
Commonwealth vs. Dixon
1.14.2015
Marc F. Lovecchio
Criminal:
Motion to dismiss, remit and set aside bail forfeiture; lack of service of notice of bail forfeiture; encouraging bondsmen to actively seek the return of absent defendants; actual notice to bondsman of defendant's breach of bail conditions; prejudice
(DIXON011415L)
(Posted: January 15th 2015)
Commonwealth vs. Cox
1.14.2015
Marc F. Lovecchio
Criminal:
Motion to remit and set aside bail forfeiture; lack of service of notice of bail forfeiture for 8 years; ability of bondsmen to actively seek the return of absent defendant; prejudice; remission of forfeiture based on principles of equity; latches
(cox011415L)
(Posted: January 15th 2015)
Civil:
Appeal
(bailey011415a)
(Posted: January 14th 2015)
Commonwealth vs. Faison
1.13.2015
Nancy L. Butts
Criminal:
Suppression motion; search of a person found at place where search warrant is executed; reasonable suspicion that person is engaged in sale of drugs; probable cause for arrest; defective search warrant; determination of probable cause to arrest not controlled by the determination of whether search warrant valid
(Faison011315bt)
(Posted: January 14th 2015)
Civil:
Non-jury trial verdict; mechanic's lien; written consent from the landlord; verbal lease; question of ownership; undelivered deed; equitable ownership; applicability of lien to property not improved
(linde011215a)
(Posted: January 13th 2015)
Civil:
Habeas corpus petition; sufficiency of evidence of possession of controlled substances; constructive possession; arguments that go to the weight of the testimony; accomplice liability; unduly suggestive identification; reliability of in court identification; motions to amend informations and to consolidate; prejudice; judicial economy; conspiracy charges
(harris-askew011315L)
(Posted: January 13th 2015)
Commonwealth vs. White
1.13.2015
Richard A. Gray
Criminal:
Motion to terminate ARD; lack of candor at ARD hearing as to new arrests; evidence that ARD is not going to be effective to rehabilitate defendant
(White011315g)
(Posted: January 13th 2015)
Commonwealth vs. Reynolds
1.12.2015
Nancy L. Butts
Criminal:
Post-conviction relief act petition; issue previously litigated and ruled upon by the Superior Court
(Reynolds011215bt)
(Posted: January 13th 2015)
Criminal:
Appeal of district attorney's disapproval of private criminal complaint; disapproval based on a hybrid of legal_x000d_
and policy reasons; burden to prove district attorney abused his discretion; decision patently discriminatory, arbitrary, or pretextual; de novo review of legal basis for charges; venue
(Lund011215bt)
(Posted: January 13th 2015)
Civil:
Appeal; grant of reconsideration; jurisdiction of the court; statute of limitations in tax notice case
(cornwall011215a)
(Posted: January 12th 2015)
Commonwealth vs. Gooden
1.9.2015
Marc F. Lovecchio
Criminal:
Suppression motion; traffic stop; reasonable suspicion or probable cause; nighttime search; additional reasonable cause; per se suppression for violation of the nighttime search rules; discovery requests
(Gooden010915L)
(Posted: January 10th 2015)
Commonwealth vs. Ruley
1.9.2015
Marc F. Lovecchio
Criminal:
Suppression motion; custodial search; incorrect information concerning open bench warrant; good faith exception to the exclusionary rule; Pennsylvania constitutional law; independent probable cause to arrest for public drunkenness where no arrest was actually made; exceptional circumstances to arrest without warrant
(ruley010915L)
(Posted: January 10th 2015)
Commonwealth vs. Monroe
1.7.2015
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; timeliness; jurisdiction
(monroe010715L)
(Posted: January 7th 2015)
Commonwealth (TH) vs. MB
1.5.2015
Joy Reynolds McCoy
Criminal:
Appeal; petitions for protection from abuse contempt; dismissal for failure of victim to appear at the hearing; refusal of court to continue hearing; due diligence of Commonwealth to procure presence of victim; insufficiency of evidence to meet Commonwealth burden
(mb010515m)
(Posted: January 6th 2015)
Commonwealth vs. Barto
1.2.2015
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective assistance of counsel claim; failure to file post trial motion raising sufficiency of evidence; claim lacking merit; weight of the evidence; shocking conscious of court; sentencing discretion; multiple convictions of sex offenses against children; ludicrous claim that sentence of less than total confinement is preferable
(Barto010215L)
(Posted: January 6th 2015)
SB vs. JB-S
1.2.2015
Joy Reynolds McCoy
Custody:
Appeal; award of attorney fees for obdurate, vexatious, repetitive or in bad faith conduct
(SB010215m)
(Posted: January 6th 2015)
Commonwealth vs. Shirk
1.5.2015
Marc F. Lovecchio
Criminal:
Habeas corpus petition; theft charges; prima facie case
(Shirk010515L)
(Posted: January 6th 2015)
Civil:
Summary judgement motions; duty of strip mall owner to business invitees of the various tenants for the common areas of which the landlord retains possession and control; negligent performance of an undertaking to perform a specific task under 324A of the Restatement (Second) of Torts; evidence of reliance on the undertaking; hills and ridges doctrine; generally slippery conditions as a result of recent precipitation
(Gamble010615)
(Posted: January 6th 2015)
Commonwealth vs.Lucas
12.31.2014
Nancy L. Butts
Criminal:
Motion to suppress; special county detectives; sobriety checkpoints and DUI roving patrols; municipal_x000d_
police jurisdiction act; identification of person for temporary assignment; reasonable suspicion for vehicle stop
(Lucas123114bt)
(Posted: January 2nd 2015)
Commonwealth vs. Minor
12.30.2014
Nancy L. Butts
Criminal:
Motion to suppress; vehicle stop; reasonable suspicion; request for occupants to exit vehicle; pat down search of passengers; sufficient articulable basis for belief that Defendant may have been armed and dangerous; nervous appearing vehicle occupants; investigatory rather than custodial detention; Miranda warnings; search after arrest
(Minor123014bt)
(Posted: January 2nd 2015)
Commonwealth vs. Morrison
12.30.2014
Richard A. Gray
Criminal:
Appeal; sufficiency of evidence of kidnapping; removing the victim a substantial distance; intent to inflict bodily injury or terrorize the victim; mistrial motion on reference to prior bad acts; notice; inadvertent comment by the victim; cautionary instruction; discretion of the court to allow cross-examination of the defendant about previous text messages to victim; probative value outweighed by a danger of unfair prejudice; testimony opening the door; admissibility of evidence of victim's molestation and rape at early age; Rape Shield Law
(morrison123014g)
(Posted: December 30th 2014)
Commonwealth vs. McMillan
12.30.2014
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; waiver of claims due to guilty plea; attorney coercion claim belied by guilty plea colloquy; bi-polar disorder addressed at guilty plea hearing; claimed conflict of interest by public defender who was also a borough council member in a community where one of the offences occurred
(McMillan123004L)
(Posted: December 30th 2014)
In re: Adoption of ALT & ANT
12.29.2014
Joy Reynolds McCoy
Adoption:
Agency 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; incapacity, abuse, neglect or refusal of the parent; agency placement; clear and convincing evidence; sporadic visits with the child; needs and welfare of children; existing bond between children and parent
(AdoptionofAlTandAnT122914m)
(Posted: December 29th 2014)
Civil:
Appeal
(Gorsline20141223L)
(Posted: December 23rd 2014)
Commonwealth vs. Ringkamp
12.19.2014
Nancy L. Butts
Criminal:
Post-conviction relief act petition; claim of illegal sentence under Alleyne v. United States; factual predicates for mandatory minimum proven to jury beyond a reasonable doubt as a result of conviction; waiver of suppression issues; issues decided in prior appeal; eligibility for relief under statute
(Ringkamp121914bt)
(Posted: December 19th 2014)
Commonwealth vs. Jett
12.19.2014
Nancy L. Butts
Criminal:
Post-sentence motion; admissibility of pre-trial identification of defendant, without police involvement; comments in prosecutor's closing speech responding to defense counsel's arguments; prosecutor's comment about the relationship of lying to sophistication of witnesses; prejudice required for prosecutorial misconduct; sufficiency and weight of evidence of robbery; propriety of allowing trooper to compare videoed gait of robber to that of defendant
(Jett121914bt)
(Posted: December 19th 2014)
Commonwealth vs. Tawney
12.18.2014
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel; knowing, intelligent and voluntary guilty plea; waiver of all claims and defenses; guilty plea that was the product of coercion
(Tawney121814L)
(Posted: December 18th 2014)
Commonwealth vs. Williams
12.16.2014
Marc F. Lovecchio
Criminal:
Post-sentence motion; admissibility of evidence of possession of controlled substances by other occupants of vehicle; prejudice; circumstantial evidence of intent to deliver
(williams121614L)
(Posted: December 16th 2014)
Commonwealth vs. Budd
12.16.2014
Marc F. Lovecchio
Criminal:
Motion to dismiss drug delivery resulting in death charge; statute unconstitutionally void for vagueness; mens rea; clear and understandable notice of what conduct is prohibited
(budd121614L)
(Posted: December 16th 2014)
Civil:
Appeal; timeliness; jurisdiction of lower court to enter second judgment order
(pennlyco121514a)
(Posted: December 15th 2014)
Civil:
Preliminary objections to cross-claim; status of defendants as joint tortfeasers; logical basis for apportionment of harm to plaintiff; inconvenient venue; additional travel time for defendant doctors; deference to plaintiff's choice of forum; forum oppressive or vexatious to the defendant; no evidence of forum shopping; discoverability of joint tortfeaser release; in camera review for potential bias due to the terms of release
(Dymeck121014bt)
(Posted: December 14th 2014)
Civil:
Motion for summary judgment; quiet title action; extinguishment of sub-surface rights by tax sale; failure to report severance of subsurface rights to taxing authorities; presumption that if severance had been reported, it_x000d_
would have been recorded and assessed; claimed presumption that record was destroyed by one of many floods; presumption that tax sale was properly held; violation of due process rights by tax sale notice requirements; condition to retention of property right; deemed abandonment
(bailey121014a)
(Posted: December 10th 2014)
Commonwealth vs. Blackwell
12.10.2014
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; timeliness; retroactive application of Alleyne and Munday decisions
(Blackwell121014L)
(Posted: December 10th 2014)
Commonwealth vs. Moore
12.8.2014
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel; failure to elicit witness testimony that would exonerate defendant; lack of witness certification; no allegation that counsel was aware of possible exculpatory testimony at time of trial; witnesses already testifying
(Moore120814L)
(Posted: December 8th 2014)
Commonwealth vs. Burden
12.5.2014
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel; failure to file appeal to Supreme Court despite request by defendant; existence of non-frivolous appeal issues
(Burden120514L)
(Posted: December 6th 2014)
Commonwealth vs. Marshall
12.5.2014
Richard A. Gray
Criminal:
Appeal; excessive sentence; bald allegations; sentence within the sentencing guidelines; consideration of relevant factors
(marshall120514g)
(Posted: December 5th 2014)
Administrative Appeal:
Appeal of denial of application for zoning permit; application to move home to lot smaller than required minimum size; prior, non-conforming lot; division of original lot into several smaller parcels after minimum lot size was set by ordinance; requirement for engineering drawing; sufficiency of evidence of available public sewer; affirmance of decision with errors of law where decision rests on one solid ground
(fessler120414a)
(Posted: December 4th 2014)
Commonwealth vs. Graham
12.1.2014
Marc F. Lovecchio
Criminal:
Amended petition; post conviction relief act; ineffective counsel; no request for Frye hearing regarding expert testimony in fingerprinting; lack of attack on methodology; issue previously litigated in the Superior Court; claimed abandonment by trial counsel on appeal when new public defender entered an appearance; Alleyne issue relating to use of prior record score to impose sentence; narrow exception requiring jury determination of facts that increase the penalty for a crime
(Graham120114L)
(Posted: December 1st 2014)
Civil:
Non jury trial; claim for breach of contract; conveyance as part of an estate or asset protection plan; deed given in consideration of support; equitable relief; cancellation or rescission on equitable terms; failure of consideration
(vanhorn112114a)
(Posted: November 21st 2014)
Ball vs. Lt. Savage, et. al
11.21.2014
Richard A. Gray
Civil:
Prisoner suit; motion to strike default judgment entered against person who was never properly made a defendant; fatal defect apparent upon the record; permissible pleadings; necessity to respond to answer to new matter with new matter; prison conditions litigation; three strikes rule; revocation of IFP status
(Ball112114g)
(Posted: November 21st 2014)
Civil:
Preliminary objections; contract claim; personal liability of corporate shareholders; presumption against piercing the corporate veil; general factual allegations and legal conclusions
(harris111814a)
(Posted: November 18th 2014)
Commonwealth vs. Harvey
11.18.2014
Nancy L. Butts
Criminal:
Post-sentence motion; sufficiency and weight of evidence; circumstantial evidence of theft; failure of jury to believe claim that defendant was borrowing rather than stealing a gun, did not shock the conscious of the court; claimed excessive sentence
(Harvey111814bt)
(Posted: November 18th 2014)
Commonwealth vs. Mullen
11.13.2014
Nancy L. Butts
Criminal:
Suppression motion; search of a parolee's apartment by parole agents; reasonable suspicion to believe that the parolee committed a parole violation; police officer's entry into apartment at invitation of parole agents, after they observe drugs
(Mullen111314bt)
(Posted: November 13th 2014)
Civil:
Answer/objections/complaint in equity opposing condemnation of temporary easement and right of way; private or public taking; temporary construction easement and the pipeline easement; public utility exemption; timeliness of objections
(lauchle110714g)
(Posted: November 7th 2014)
Commonwealth vs. Forshyte
11.7.2014
Marc F. Lovecchio
Criminal:
Commonwealth's motion to amend Information; prejudice; addition of substantive offenses to supplement already charged conspiracy offenses
(Forshyte110714L)
(Posted: November 7th 2014)
Commonwealth vs.Shrawder
11.4.2014
Nancy L. Butts
Criminal:
Petition to enforce plea agreement or for writ of habeas corpus; sexual offender registration; retroactive application of sex offender registration act; requirements for life registration
(Shrawder110414bt)
(Posted: November 7th 2014)
Criminal:
Habeas corpus petition; wiretap interception of telephone calls; sufficient basis for identifying voice on intercepted call; sufficiency of evidence of drug delivery, conspiracy, criminal use of a communication facility, or for corrupt organizations; suppression; probable cause to issue wiretap order; sufficiency of allegations in wiretap application; compliance with wiretap order; minimization plan; issue of single conspiracy or multiple conspiracies
(Johnson110714bt)
(Posted: November 7th 2014)
Criminal:
Motion for an order directing the Commonwealth to seek review of the federal government's investigative file and for authority to issue a subpoena; environmental violations related to fracking; cross-jurisdictional constructive possession; disclosure of exculpatory evidence in possession of the federal government
(XTO110314L)
(Posted: November 3rd 2014)
Commonwealth vs.Benyo
10.31.2014
Nancy L. Butts
Criminal:
Petition for writ of habeas corpus; sufficiency of evidence of receiving stolen property
(Benyo103114bt)
(Posted: November 3rd 2014)
Civil:
Motion for reconsideration; viability of notice of tax sale; inadequate property description in notice of sale; violation of due process; applicability of statute of limitations where notice is defective
(cornwall103114a)
(Posted: November 3rd 2014)
SB vs. JB-S
11.3.2014
Joy Reynolds McCoy
Custody:
Petition for counsel fees, costs, and expenses; conduct of party that was obdurate, vexatious, repetitive or in bad faith; obdurate conduct involving mother encouraging child to make false report of abuse by father; filing emergency petition without factual grounds; best interests of child; mother's damaging behavior traumatizing the child; reasonableness of attorney bill; mother's limited financial resources
(sb110314m)
(Posted: November 3rd 2014)
Commonwealth vs. Taylor
10.27.2014
Marc F. Lovecchio
Criminal:
Writ of habeas corpus; sufficiency of evidence to establish prima facie case of DUI, resisting arrest and reckless endangerment; applicability of Miranda warnings to field sobriety testing; non-testimonial conduct
(taylor102714L)
(Posted: October 27th 2014)
Civil:
Non-jury trial; claim of negligent or intentional misrepresentation concerning possible rescission of resignation of employment; credibility determinations
(Iski102714a)
(Posted: October 27th 2014)
Commonwealth vs. Gordon
10.27.2014
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion of violation of the vehicle code to initiate vehicle stop; use of preliminary breath test to determine probable cause to arrest; totality of the circumstances to establish probable cause; admissibility of horizontal nystagmus test; adequate foundation for admission of the test results
(Gordon102714bt)
(Posted: October 27th 2014)
WD vs. CS
10.23.2014
Richard A. Gray
Support:
Complaint to establish paternity and for genetic testing; acknowledgment of paternity executed by mother and another party; mother having sexual relationship two men at about the same time; petition filed within 60 days of another's acknowledgment of paternity; mistake of fact about date of conception
(wdpaternity102314g)
(Posted: October 23rd 2014)
Commonwealth vs. Wright
10.23.2014
Nancy L. Butts
Criminal:
Suppression motion; vehicle stop; reasonable suspicion of impaired driving and violation of vehicle code
(Wright102314bt)
(Posted: October 23rd 2014)
Commonwealth vs. Fisher
10.23.2014
Nancy L. Butts
Criminal:
Motion to dismiss; failure to comply with Megan's Law registration; unconstitutionality of statute; amending information to charge under prior constitutional statute
(Fisher102314bt)
(Posted: October 23rd 2014)
Commonwealth vs. Reilly
10.22.2014
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause to stop vehicle; violation of borough ordinance by parking in park after sundown; lack of notice of existence of ordinance as affecting probable cause
(reilly102214L)
(Posted: October 22nd 2014)
Commonwealth vs. Drummond
10.17.2014
Marc F. Lovecchio
Criminal:
Suppression motion; reasonable suspicion to stop defendant due to belief of officer that there was an outstanding warrant; totality of the circumstances; defendant's flight when asked to stop; probable cause to arrest after discovery of discarded drugs; requests for disclosure of any promises of immunity, leniency or preferential treatment and complete criminal history; requests for disclosure of bad acts evidence; discovery of expert reports; petition for writ of habeas corpus; sufficiency of evidence of possession of a firearm, allegedly discarded by defendant
(Drummond101714L)
(Posted: October 17th 2014)
Civil:
Motion for partial judgment on pleadings; landlord tenant case; request for order of possession; construction of lease; validity of notice to end the lease; effect of renewal provision
(iriscommons101714a)
(Posted: October 17th 2014)
Commonwealth vs. Rosato
10.16.2014
Richard A. Gray
Criminal:
Post-conviction relief act petition; ineffective assistance of counsel; reference of counsel to incorrect standard in suppression motion; lack of prejudice; issues occurring after counsel was terminated by defendant; technical defect in affidavit of probable cause
(Rosato101614g)
(Posted: October 16th 2014)
Commonwealth vs. Bucher
10.16.2014
Nancy L. Butts
Criminal:
Commonwealth motion for disposition of property; plea agreement to forfeit firearm; objection by defendant to order of disposition or destruction; notice and an opportunity to be heard
(Bucher101614bt)
(Posted: October 16th 2014)
Commonwealth vs. Ball
10.15.2014
Marc F. Lovecchio
Criminal:
Post-sentence motion; sufficiency and weight of evidence of the crimes of aggravated harassment by a prisoner and simple assault; shocking the conscience of the court; credibility determinations; excessive sentence; court's sentencing discretion
(ball10202014L)
(Posted: October 15th 2014)
Civil:
Remand from Superior Court to decide preliminary objections and motion for judgment on the pleadings; law of the case; res judicata claim relating to non-final order; standing of interested party to file declaratory judgment action; authority to file declaratory judgment action rather than contract claim; imposing constructive trust on an expectancy
(Southwestern101514a)
(Posted: October 15th 2014)
Commonwealth vs. Davidson
10.15.2014
Richard A. Gray
Criminal:
Post-conviction relief act petition; timeliness; voluntariness of guilty plea; legality of sentence; sentencing in accordance with plea agreement
(davidson101514g)
(Posted: October 15th 2014)
Civil:
Summary judgment motion; trip and fall; pavement irregularity; trivial defect
(walker101314g)
(Posted: October 13th 2014)
Commonwealth vs. Barto
10.9.2014
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel; claimed attorney conflict of interest; proof of actual prejudice; refusal to testify in own defense; failure to specify what testimony she would have provided to change result of trial
(Barto20141009L)
(Posted: October 9th 2014)
Commonwealth vs. Tanner
10.2.2014
Nancy L. Butts
Criminal:
Post-conviction relief act petition; waiver of preemptory challenge issue by failing to raise before trial; ineffective assistance of counsel issues waived by failing to raise in previous petition; timeliness of claim of illegal sentence; jurisdiction
(Tanner100214bt)
(Posted: October 7th 2014)
JM vs. SF
10.2.2014
Joy Reynolds McCoy
Custody:
Petition to modify custody; visitation during incarceration; best interests of the children; lack of parental threat in prison setting; safety in presence of other inmates; behavioral issues of child after visit in prison
(jm100214m)
(Posted: October 6th 2014)
Criminal:
Motions to sever; assault case; use of bad acts evidence against 1 defendant; guilt by association; specific prejudice; speculation about conflicting or antagonistic defenses; judicial economy
(MartinWillsForsythe100114L)
(Posted: October 2nd 2014)
Civil:
Petition to strike default judgment entered in 1951; service by publication; defect on the face of the record; consideration of matters outside of the record
(ketagas100214a)
(Posted: October 2nd 2014)
Commonwealth vs. Tilburg
10.2.2014
Nancy L. Butts
Criminal:
Omnibus pretrial motion; vehicle stop; reasonable suspicion that a turn-signal violation had occurred; accounting for physical ailments in administering field sobriety tests; admissibility of audio of DUI processing center proceedings; valid waiver of Miranda rights; volunteered or spontaneous utterances; background questions; suppression of comments reasonably likely to elicit incriminating information
(Tilburg100214bt)
(Posted: October 2nd 2014)
Commonwealth vs. Cobb
9.30.2014
Richard A. Gray
Criminal:
Petition to set aside or remit the bail forfeiture; setting aside forfeiture if justice does not require the full enforcement of forfeiture order; exoneration of sureties; consideration of factors including willfulness of the defendant's breach of the bond, cost, inconvenience and prejudice suffered by the government, and any explanation or mitigating factors; partial remittitur; vindication of injury to the public
(Cobb093014g)
(Posted: October 1st 2014)
Commonwealth vs.Wiley
10.1.2014
Dudley N. Anderson
Criminal:
Motion to dismiss; rule 600; due diligence to bring case to trial; computation of time; reliance on the District Judge's compliance with rules of criminal procedure
(Wiley100114a)
(Posted: October 1st 2014)
MS vs. TS
9.26.2014
Dudley N. Anderson
Support:
Appeal; exceptions to child support order; inclusion in income of non-guaranteed, nonmandatory over-time; material change in the parties' incomes; determination of whether the payment of child support amount would prejudice children's welfare; enforceability of contractual obligation which prejudices children's welfare
(ms092614a)
(Posted: September 27th 2014)
Civil:
Preliminary objection to new matter and counterclaim; legal sufficiency or insufficiency of pleading; vague allegation that lacks facts; gist of the action; tort claim arising from contractual relationship
(Trenco092314g)
(Posted: September 24th 2014)
Bower Estate
9.24.2014
Richard A. Gray
Wills and Estates:
Petition to remove administrator of estate; evidence of hostility or favoritism; valid basis for discontinuation of lawsuit; validity of asset transfer; ill-feeling endangering estate; failure of administrator to fulfill primary duties of marshalling assets, providing an inventory, accounting and making a proposed distribution in timely manner
(Bower092414g)
(Posted: September 24th 2014)
Commonwealth vs. Martin
9.23.2014
Marc F. Lovecchio
Criminal:
Habeas corpus petition; witness unwilling to testify; forfeiture by wrongdoing; admissibility of statements; coordinate jurisdiction rule; change in facts or evidence giving rise to dispute; sufficiency of evidence of burglary, criminal trespass, robbery, terroristic threats, assault and theft offenses and conspiracy; suppression motion; standing; privacy interest in another's phone records; privacy interest in use of stolen phone due to theft charges; Pennsylvania constitutional rights; automatic standing; reasonable expectation of privacy
(Martin092314L)
(Posted: September 24th 2014)
In re: AMR
9.23.2014
Joy Reynolds McCoy
Adoption:
Petition for termination of parental rights; father's failure to appear at hearing; pending arrest warrant for father; settled purpose to relinquish a parental claim or failure to perform parental duties for at least 6 months; failure to contest termination petition; stated intention to voluntarily relinquish parental rights; repeated and continued incapacity, abuse, neglect or refusal to provide care; lack of bond with father; existing bond with resource parents
(AdoptionofAMR092314m)
(Posted: September 24th 2014)
Civil:
Summary judgment motion; subjecting owner of sub-surface rights to mechanic's lien claim; lack of contract with oil and gas right owner; implying contract where non-contracting party may receive a benefit
(linde092314a)
(Posted: September 24th 2014)
Civil:
Summary judgment motion; wrongful discharge suit; employee discharged for refusing to lie in environmental record keeping for government agency; violation of public policy
(mccloskey092314a)
(Posted: September 24th 2014)
Commonwealth vs. Willits
9.22.2014
Nancy L. Butts
Criminal:
Appeal; sufficiency and weight of evidence of burglary, attempted robbery and assault
(Willits092214bt)
(Posted: September 23rd 2014)
Commonwealth vs. Goff
9.22.2014
Nancy L. Butts
Criminal:
Motion to dismiss; rule 600; computation of delay attributable to the Commonwealth; judicial delay; effect of petition for permission to appeal on delay computation; discretion of the trial court on whether to proceed in case with pending appeal petition; due diligence
(Goff092214bt)
(Posted: September 23rd 2014)
Civil:
Summary judgment motion; sovereign immunity; real estate exception; injury facilitated by dangerous condition of real estate and not caused by it
(Merryman091714a)
(Posted: September 22nd 2014)
Commonwealth vs. Caudell
9.14.2014
Nancy L. Butts
Criminal:
Suppression motion; search of a home for a person with a gun; exigent circumstances; probable cause to make an arrest; protective sweep; independent source doctrine; inevitable discovery
(Caudell091614bt)
(Posted: September 19th 2014)