Criminal:
Appeal
(Cruz122013bt)
(Posted: December 20th 2013)
Johnson vs. Romig
12.19.2013
Dudley N. Anderson
Civil:
Summary judgment motion; contract to return real estate after release from prison; statute of limitations for contract, unjust enrichment and fraud claims; date statute begins to run; a self-imposed inability to perform a contract constituting an anticipatory repudiation; imprisonment as extending limitations period
(johnson121913a)
(Posted: December 19th 2013)
Criminal:
Commonwealth's motion for reconsideration of sanction order; discovery violations; established record of disregarding court orders and failing to change discovery practices; substantially handicap Commonwealth prosecution
(MooreAlford121913bt)
(Posted: December 19th 2013)
Goodling vs. JP Stone, Inc.
12.18.2013
Dudley N. Anderson
Civil:
Summary judgment motion; contract case; count for violation of the Unfair Trade Practices & Consumer Protection Law; lack of written representation of the quality of the work; lack of evidence of fraudulent or deceptive conduct; mere failure to satisfy owner's expectations of quality of contractor's work; ability of plaintiff to contradict admissions in deposition testimony, at time of trial
(goodling121813a)
(Posted: December 18th 2013)
Commonwealth vs. Snook
12.17.2013
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel claim; DUI; public or private road; failure to call witnesses; failure to use exhibits; availability of witnesses or exhibits at time of trial; failure to call defendant as witness at trial; probable credibility issues with defendant's trial testimony
(Snook121713L)
(Posted: December 17th 2013)
Civil:
Motion for judgment on the pleadings; wrongful failure to hire; age discrimination case; failure to exhaust administrative remedies; evidence of knowledge of potential employer of plaintiff's age; flippant and false application information
(hill121113a)
(Posted: December 11th 2013)
Commonwealth vs. Belloma
12.10.2013
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; legality of imposing act 198 fees and supervision costs; ability to pay; ineffective counsel; counsel's performance assessed in hindsight; lack of evidence that counsel lacked a reasonable basis to not raise an ability to pay issue at sentencing hearing
(Belloma121013L)
(Posted: December 10th 2013)
Sipe vs. Newhart
12.10.2013
Richard A. Gray
Civil:
Motion for summary judgment; dog bite case; responsibility of landlord for tenant's dog; actual knowledge of dangerous propensity; dog known to bark at strangers
(Sipe121012g)
(Posted: December 10th 2013)
Commonwealth vs. Draft
12.10.2013
Marc F. Lovecchio
Criminal:
Habeas corpus petition; robbery; prima facie case; identification of defendant; lone fingerprint on cigarette package; unaddressed variables; exclusion of innocent presence
(derrick121013L)
(Posted: December 10th 2013)
Civil:
Motion for summary judgment; interpretation of oil and Gas lease; parol evidence rule; consideration of pre-contractual writing and oral discussions
(Hafer120413g)
(Posted: December 5th 2013)
Commonwealth vs. Peterson
12.4.2013
Dudley N. Anderson
Criminal:
Amended motion for post-conviction collateral relief; ineffective counsel; failure to request transcript to preserve issue on appeal; underlying merit of the issue appealed; double jeopardy where mistrial caused by prosecutor's question to witness; prosecuting attorney incompetence with no intentional conduct
(peterson120413a)
(Posted: December 4th 2013)
Commonwealth vs. Hopkins
12.4.2013
Nancy L. Butts
Criminal:
Motion to amend information; mandatory minimum sentences; prejudice; notice to the defendant of the specific facts and charges; constitutionality of the Pennsylvania mandatory minimum statutes; issues to be raised at sentencing after a conviction
(Hopkins120413bt)
(Posted: December 4th 2013)
Commonwealth vs. Lyons
12.4.2013
Nancy L. Butts
Criminal:
Petition for habeas corpus; person not to possess firearm charges; statutory construction; prohibition based on potential sentence or actual sentence
(Lyons120413bt)
(Posted: December 4th 2013)
Commonwealth vs. Shoemaker
11.27.2013
Kenneth D. Brown
Criminal:
Non-jury trial; failure to comply with sexual offender registration requirements; transient; knowingly providing incorrect information
(Shoemaker112713br)
(Posted: December 3rd 2013)
Civil:
Motion in limine; evidence of the decedent's prior alcohol use, an ARD, and decedent having smelled like alcohol; effect on life expectancy; reasonable inference of history of alcohol use; prejudice; relevance of ARD to alcohol abuse defense; prejudicial impact of criminal element of ARD; admissibility of hearsay statements of co-workers about odor of alcohol on decedent's person; present sense impression
(moriarity120313a)
(Posted: December 3rd 2013)
JC vs. TK; TK vs. JC
12.2.2013
Marc F. Lovecchio
Custody:
Objection to notice of relocation of parent; best interests of the children; school safety concerns; strong and normal relationship with both parents; children flourishing in present school environment; children's preferences; negative impact of changes
(jc120213L)
(Posted: December 2nd 2013)
Civil:
Motions in limine; admissibility of information concerning decedent's drug use; relevance of drug use to issues in case; failure to cite literature or medical studies in support of opinion that tobacco decreases life expectancy; opinion based on education and experience where such background is not apparent on face of report
(moriarity120213a)
(Posted: December 2nd 2013)
Commonwealth vs. Shields
12.2.2013
Marc F. Lovecchio
Criminal:
Motion to suppress; execution of search warrant for fugitive; need for warrant to enter residence; gun in plain sight and odor of marijuana in apartment where fugitive arrested; search of individuals present in home where warrant executed; exigent circumstances involving imminent departure of fugitive; reliability of source for warrant information; hearsay evidence
(Shields120213L)
(Posted: December 2nd 2013)
Commonwealth vs. Collins
12.2.2013
Marc F. Lovecchio
Criminal:
Motion to reconsider denial of motion to suppress; basing reasonable suspicion or reasonable inference on a logical fallacy; claim that suspect ducked to avoid detection by police where police officer was in unmarked car
(Collins120213L)
(Posted: December 2nd 2013)
Commonwealth vs. Yaggie
11.27.2013
Marc F. Lovecchio
Criminal:
Motion to amend information; factual scenario in the complaint supporting the new charges; entitlement to a new preliminary hearing; waiver of preliminary hearing based on original, lower graded charges; fundamental fairness
(Yaggie112713L)
(Posted: November 27th 2013)
Commonwealth vs. Daniels
11.26.2013
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; vague assertion of conflict of interest; waiver of suppression issues by guilty plea; sentencing discretion; sentence in accordance with plea agreement; guilty plea induced by ineffective assistance of counsel; voluntariness of plea
(Daniels112613L)
(Posted: November 26th 2013)
Commonwealth vs. Mincy
11.26.2013
Marc F. Lovecchio
Criminal:
Appeal; sufficiency of evidence of intent to distribute drugs; discretion to impose consecutive sentences for possession of paraphernalia and of cocaine; extensive criminal record; court's desire to protect the public
(Mincy112612L)
(Posted: November 26th 2013)
Commonwealth vs. Bird
11.26.2013
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel for failing to raise issue of withdrawn guilty plea recommendation at time of sentencing; knowing, intelligent, understanding and voluntary guilty plea; enforceability of plea recommendation that was never entered of record
(Bird112613bt)
(Posted: November 26th 2013)
Civil:
Defendants' motion in limine to preclude plaintiff's neurosurgery expert from offering standard of care opinions; qualifications of expert under Mcare Act; sufficient training, experience or knowledge necessary to waive subspecialty and board certification requirements; family practitioner providing treatment in area of witness expertise; five-year time limitation
(moriarity1125131a)
(Posted: November 25th 2013)
Civil:
Preliminary objections; claim for reformation of contract due to mutual mistake; incorrect subdivision plan; duty to discover mistake; ability to amend filed subdivision plan; propriety of prayer for “any such other relief the Court deems just and appropriate"; failure of involuntarily joined plaintiff to make claim in complaint
(down112213b)
(Posted: November 22nd 2013)
Civil:
Motion for summary judgment; corporate negligence claim against hospital and its residency program; expert and factual support
(moriarity112213a)
(Posted: November 22nd 2013)
Civil:
Motion in limine regarding plaintiff's neurosurgery expert reliance on Center for Medicare and Medicaid Services regulations; purpose of regulations to establish federal policy; determining standard of care based on method of payment
(moriarity112513a)
(Posted: November 22nd 2013)
Commonwealth vs. Temples
11.21.2013
Dudley N. Anderson
Criminal:
Motion for reconsideration; variance between citation and proof at trial; claim of surprise based on misunderstanding of the law; defendant prejudiced by own testimony
(temples112113a)
(Posted: November 21st 2013)
In re: TC
11.19.2013
Richard A. Gray
Adoption:
Appeal; termination of parental rights; incarcerated parent's failure to use the resources that are available to him while in prison
(TC111913g)
(Posted: November 19th 2013)
Commonwealth vs. Hopkins
11.19.2013
Nancy L. Butts
Criminal:
Motion in limine; use of IONSCAN device to determine level of cocaine on currency; generally accepted scientific principles; proper testing procedures; determination of the casual contact average of cocaine on currency
(Hopkins111913bt)
(Posted: November 19th 2013)
Civil:
Petition to inspect juvenile court records; appeal; statutory exceptions to privacy rule; legitimate interest in the proceeding; curiosity or research; availability of records to the public when child was 14 years of age or older and the conduct would be considered a felony if committed by an adult; duty of court to provide courthouse records to an inmate without a legitimate interest in the records
(Danysh111313bt)
(Posted: November 13th 2013)
Commonwealth vs. Walker
11.13.2013
Marc F. Lovecchio
Criminal:
Appeal; suppression motion; vehicle stop; traffic violation for failing to timely use turn signal; police officer testifying as expert on intent to deliver drugs; cumulative testimony
(Walker111313L)
(Posted: November 13th 2013)
Commonwealth vs. Erwin
11.13.2013
Nancy L. Butts
Criminal:
Motion to suppress; traffic stop; probable cause; turn signal violation; involuntary consent to search of person; scope of the search
(Erwin111313bt)
(Posted: November 13th 2013)
Commonwealth vs. Kress
11.13.2013
Nancy L. Butts
Criminal:
Post conviction relief act petition; appeal
(Kress1113bt)
(Posted: November 13th 2013)
MA vs. BA
11.11.2013
Richard A. Gray
Custody:
Petition for special relief relating to child's school program; home schooling verses public schooling of high school student; ability to offer religious study; child's preference to remain in public school; public schooling meeting educational needs
(MA11113g)
(Posted: November 11th 2013)
Criminal:
Motion to amend information; mandatory minimum sentences; constitutionality of mandatory minimum statutes; prejudice for an amendment that increases a sentence; timing of constitutionality argument
(EilandGoff110713bt)
(Posted: November 7th 2013)
Commonwealth vs. Beamer
10.30.2013
Nancy L. Butts
Criminal:
Suppression motion; investigation of accident that led to defendant, at his house; observation of and questioning of defendant outside his house
(Beamer103013bt)
(Posted: October 30th 2013)
Commonwealth vs. Feathers
10.30.2013
Nancy L. Butts
Criminal:
Suppression motion; search of a person; mere encounter or investigative detention; defendant forced to ground at gunpoint; officer remaining in house mistakenly entered; reasonable suspicion existing after investigatory detention
(Feathers103013bt)
(Posted: October 30th 2013)
Commonwealth vs. Butler
10.28.2013
Marc F. Lovecchio
Criminal:
Motion to suppress; probable cause to stop vehicle for traffic light violation; reasonable belief of traffic violation despite subsequent contradiction by video surveillance camera; need for Commonwealth present expert testimony about the amount of controlled substances in Defendant's blood stream and nexus to poor driving at the preliminary hearing
(Butler102813L)
(Posted: October 28th 2013)
Commonwealth vs. Wright
10.28.2013
Marc F. Lovecchio
Criminal:
Motion to suppress; motor vehicle stop; reasonable suspicion to stop Defendant's vehicle to investigate DUI
(Wright102813L)
(Posted: October 28th 2013)
Civil:
Preliminary objections; leave of court to amend complaint; prejudice; adequacy of verification of complaint signed by only one of several plaintiffs; specificity of averments as to which plaintiff is making a claim against which defendant; demurrer to nuisance claim where there is no averment that the nuisance is occurring on a neighboring property; private cause of action under Solid Waste Management Act; use of facts that support a nuisance claim to also support negligence claim; failure to attach cover sheet to motion under local rules; specificity objections to use of phrase "but not limited to"
(Branton102513g)
(Posted: October 25th 2013)
Commonwealth vs. Baney
10.21.2013
Nancy L. Butts
Civil:
Petition for expungement; guilty plea to misdemeanor in exchange for the withdrawal of more serious charge
(Baney102113bt)
(Posted: October 21st 2013)
Commonwealth vs. Fisher
10.21.2013
Nancy L. Butts
Criminal:
Post conviction relief act petition; coerced guilty plea; claim of insanity; knowing, intelligent voluntary, and_x000d_
understanding guilty plea; ineffective assistance of counsel; waiver of defenses
(Fisher102113bt)
(Posted: October 21st 2013)
Commonwealth vs. English
10.21.2013
Marc F. Lovecchio
Criminal:
Motion to compel discovery; Commonwealth's open file policy; necessity of a written response to demand for information; access to 911 tapes which is easier for the district attorney to obtain; motion to amend information to add school zone or playground proximity averment; fact that increases mandatory minimum sentence; prejudice because issue not raised in preliminary hearing; sufficiency of evidence at the preliminary hearing
(english102113L)
(Posted: October 21st 2013)
Commonwealth vs. Hamilton
10.18.2013
Marc F. Lovecchio
Criminal:
Pro se motion for change of appointed counsel; concern that counsel could not think of a defense to the case; substantial reasons or irreconcilable differences; blunt responses
(hamilton101813L)
(Posted: October 18th 2013)
Commonwealth vs. Showers
10.18.2013
Marc F. Lovecchio
Criminal:
Appeal; sufficiency of the evidence of sexual offenses against children; evidence of penetration
(Showers101813L)
(Posted: October 18th 2013)
In re: MRD and TD
10.17.2013
Joy Reynolds McCoy
Adoption:
Appeal of petition for involuntary termination of parental rights
(AdoptionofMTD101713)
(Posted: October 17th 2013)
In re: Adoption of LC
10.17.2013
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; dependent newborn; refusal of parents to cooperate with the agency; prescription drug addiction; failure to keep visitation appointments; lack of interest in establishing or maintaining a permanent relationship; settled purpose to relinquish parental claim; failure to perform parental duties for at least six months; lack of attachment between child and parent
(AdoptionofLC101713)
(Posted: October 17th 2013)
Commonwealth vs. Steele
10.16.2013
Dudley N. Anderson
Criminal:
Motion for in-camera hearing; sexual offenses; prior and subsequent sexual activity of victim; evidence precluded by Rape Shield Law; evidence of bias against the defendant or motive to fabricate; speculative defenses
(steele101613a)
(Posted: October 16th 2013)
Administrative Appeal:
Land use appeal; additional evidence presented requiring court to find facts; driveways to motel property; lack of definition of "frontage" in zoning ordinance; resolving issue in favor of property owner where there are two possible interpretations of ordinance language
(musser101613a)
(Posted: October 16th 2013)
Commonwealth vs. Motter
10.16.2013
Marc F. Lovecchio
Criminal:
Defendant's motion to relieve public defender and appoint a new defense attorney; entitlement to counsel of own choosing; substantial reasons or irreconcilable differences to justify a change in counsel; lack of communication due to change of place of defendant's incarceration; refusal to file a suppression motion that lacks merit
(Motter101613L)
(Posted: October 16th 2013)
In re BW
10.16.2013
Richard A. Gray
Adoption:
Appeal; appropriate family unit
(bw101613g)
(Posted: October 16th 2013)
Criminal:
Motion to consolidate; participation in the same series of acts constituting the offenses charged; prejudice; antagonistic defenses; mere finger pointing
(EilandCollins101613bt)
(Posted: October 16th 2013)
Commonwealth vs. McGraw
10.16.2013
Nancy L. Butts
Criminal:
Petition for post-conviction collateral relief; timeliness
(McGraw101613bt)
(Posted: October 16th 2013)
Commonwealth vs. Dincher
10.15.2013
Nancy L. Butts
Criminal:
Motion to compel ARD; DUI case; discretion of the district attorney; claimed abuse of discretion based on prohibited reasons
(Dincher101513bt)
(Posted: October 15th 2013)
Criminal:
Request for bill of particulars; Commonwealth's use of general reasons in answering bill of particulars; procedural issues; purpose of bill of particulars; substitute for discovery; information on trial strategy; leave to re-file
(Hellenthal101513bt)
(Posted: October 15th 2013)
Commonwealth vs. Trafford
10.14.2013
Marc F. Lovecchio
Criminal:
Commonwealth motion to amend information to indicate that firearm was close to drugs; mandatory sentencing; prejudice; facts established at preliminary hearing; constitutional right to preliminary hearing; criminal complaint alleging facts that support amendment
(Trafford101413L)
(Posted: October 14th 2013)
Adoption of TSC
10.14.2013
Richard A. Gray
Adoption:
Petition for involuntary termination of parental rights filed by grandmother; settled purpose to relinquish parental responsibilities; primary consideration of the needs and welfare of the child; existence of bond between parent and child; foreseeability of adoption; termination of mother's rights only
(TSC100813g)
(Posted: October 14th 2013)
Commonwealth vs. Villanueva
10.14.2013
Marc F. Lovecchio
Criminal:
Defendant's motion in limine; evidence of prior conviction for conspiracy to commit robbery; admissibility of prison conversation; prejudice; relevance to show identity and a connection to alleged co-conspirator; important link in chain of evidence; appropriate cautionary or limiting instruction
(Villanueva101413L)
(Posted: October 14th 2013)
Civil:
Motion for judgment on the pleadings; interpleader; competing claims to life insurance policy; attorney fees; compliance with terms of life insurance policy; capacity of decedent to change beneficiary to life insurance
(AAA101013g)
(Posted: October 10th 2013)
Heilman vs Bierly
10.8.2013
Richard A. Gray
Civil:
Plaintiff's preliminary objections; counterclaim for intentional infliction of emotional distress; specificity of allegations of extreme and outrageous conduct; legal insufficiency of counterclaim for malicious abuse of process
(Heilman100813g)
(Posted: October 8th 2013)
Commonwealth vs. Cobb
10.4.2013
Marc F. Lovecchio
Criminal:
Motion to amend information to submit drug offense school zone issue to the jury; constitutionality of the remainder of the statute; premature argument
(Cobb100413L)
(Posted: October 5th 2013)
Commonwealth vs. Gardner
9.27.2013
Nancy L. Butts
Criminal:
Suppression motion; waiver of Miranda rights; need to re-advise of rights; not significantly different statements; motion to dismiss; prima facie case of robbery; motion for severance; incriminating statement by a non-testifying co-defendant; redaction of statement
(Gardner092713bt)
(Posted: September 30th 2013)
Commonwealth vs. Eiland
9.17.2013
Richard A. Gray
Criminal:
Appeal; denial of motion of Commonwealth to apply mandatory sentence for drug sale within school zone; mandatory sentence evidence presented during sentencing hearing; school zone issue not addressed during the trial
(eiland091713g)
(Posted: September 27th 2013)
Commonwealth vs. Bratten
9.26.2013
Marc F. Lovecchio
Criminal:
Appeal; sufficiency of evidence of intent to deliver drugs; admission of prison recordings; authenticity and relevancy of prison recordings
(Bratton092613L)
(Posted: September 26th 2013)
Freeman vs. Tagliaferri
9.23.2013
Richard A. Gray
Civil:
Motion in limine; trip and fall case; plaintiff's legal status at time he fell; issues for the fact finder; change of legal status to trespasser after admission to premises as licensee; status of landlord; judicial notice; judicial notice of the applicability of the law; violations of codes as negligence per se; evidence of pre-existing injury or drug use without a defense medical expert; claimed permanent condition; relevance to life expectancy
(Freeman092313g)
(Posted: September 23rd 2013)
Rauch vs. Arcon Group, Inc.
9.23.2013
Dudley N. Anderson
Civil:
Petition to strike judgment; reliance on record without consideration of extraneous information; service of Pennsylvania corporation by mail in Connecticut; sufficiency of certified mail receipts to prove service; ability to cure defective return of service by amendment; requirement of certification of service of notice of intention to take default judgment
(rauch092313a)
(Posted: September 23rd 2013)
Civil:
Non-jury trial; attorney fee dispute; unjust enrichment; implied contract; quantum meruit; prejudgment interest; calculation of reasonable attorney's fees
(Biersdorf091913g)
(Posted: September 21st 2013)
Commonwealth vs. Moore
9.17.2013
Joy Reynolds McCoy
Criminal:
Motion for return of currency and cell phones; controlled substances forfeiture act; burden of proof; guilty plea to intent to deliver drugs; no viable explanation for possession of large sum of cash
(Moore091713m)
(Posted: September 18th 2013)
Commonwealth vs. Moore
9.17.2013
Marc F. Lovecchio
Criminal:
Motion to remand for preliminary hearing; guilty plea agreement that district attorney did not approve; agreement that addressed ability to get preliminary hearing if agreement not approved; habeas corpus petition; prima facie case of endangering child; waiver in plea agreement; accomplishment of the terms of the agreement; knowingly endangering a child by placing a PCP laced cigarette in reach of child; discovery issues
(Moore091713L)
(Posted: September 18th 2013)
Commonwealth vs. Webb
9.18.2013
Dudley N. Anderson
Criminal:
Post sentence motion; excessive sentence; considerations of the court in imposing sentence; sexually violent_x000d_
predator finding
(webb091813a)
(Posted: September 18th 2013)
Commonwealth vs. Armstrong
9.16.2013
Dudley N. Anderson
Criminal:
Appeal; DUI conviction; weight of the evidence; fact question of who was driving the vehicle; surveillance video; credibility of witnesses
(armstrong091613a)
(Posted: September 17th 2013)
Commonwealth vs. Skorinko
9.13.2013
Nancy L. Butts
Criminal:
Petition for expungement; charges dismissed pursuant to a plea agreement
(Skorinko091313bt)
(Posted: September 13th 2013)
Commonwealth vs. Martin
9.13.2013
Nancy L. Butts
Criminal:
Commonwealth motion to amend Information; amendment that increases a sentence; prejudice; adequate notice of facts that support enhanced sentence
(Martin091313bt)
(Posted: September 13th 2013)
Commonwealth vs. Kemp
9.6.2013
Marc F. Lovecchio
Criminal:
Motion in limine; statement made by plaintiff about the carrying of a gun in an unrelated incident; defendant's admission in previous incident about his temper; evidence of possession of knife to rebut claim that defendant needed to retrieve gun from vehicle to defend self; admissibility of recorded telephone calls; permitting the jury to speculate; potential for prejudice and confusion
(kemp090413L)
(Posted: September 11th 2013)
Commonwealth vs. Fulks
9.11.2013
Nancy L. Butts
Criminal:
Request for bill of particulars; reference to preliminary hearing testimony and affidavit of probable cause; adequate notice to defendant; ability to prepare a defense
(Fulks091113bt)
(Posted: September 11th 2013)
In re Adoption of MSS
8.29.2013
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parent claim to a child; failure to perform any parental duties for half a child's life; parent waiting for more convenient time to become involved in child's life; lack of bond between child and parent
(AdoptionofMS082913m)
(Posted: September 10th 2013)
Administrative Appeal:
Zoning appeal; structure violating zoning ordinance; no structures in the front yard rule; error of law or abuse of_x000d_
discretion in finding that large structure is not a flower box that is permitted by the ordinance
(aungst091013a)
(Posted: September 10th 2013)
Commonwealth vs. Taylor
9.10.2013
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; duplicate time credit request; timeliness
(Taylor091013L)
(Posted: September 10th 2013)
Juna vs. Reis
9.10.2013
Nancy L. Butts
Civil:
Pretrial ruling on applicability of Dead Man's Rule; adverse interest; competency of witness; child's adverse interest as rendering a parent's testimony incompetent; assumed partiality as impacting credibility of witness
(Juna091013bt)
(Posted: September 10th 2013)
Commonwealth vs. Popowich
9.9.2013
Marc F. Lovecchio
Criminal:
Appeal; untimely post sentence motion filed by the Commonwealth raising illegal sentence; reasonableness of nunc pro tunc reconsideration of sentence; in home detention as constituting "imprisonment" under mandatory minimum sentence statute for DUI offenses; discretion to impose a county sentence where the statutory minimum is one year of imprisonment; ability of county prison to handle defendant's medical conditions; sentence to state prison as cruel and unusual punishment due to defendant's medical conditions
(Popowich090913L)
(Posted: September 9th 2013)
Commonwealth vs. Bricker
9.4.2013
Richard A. Gray
Criminal:
Appeal; ineffective post conviction relief act counsel; alibi defense; arguable merit; prejudice; victims' testimony; including Appellant in the plea bargaining process; sequestration of a rebuttal witnesses
(bricker090413g)
(Posted: September 5th 2013)
In re BW
9.4.2013
Richard A. Gray
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parental claim to a child; combination of state incarceration, no contact PFA Order, and child's young age presenting substantial barrier to Father's contact; bond between the child and the parent
(TERMBW090413g)
(Posted: September 5th 2013)
Criminal:
Motion to compel discovery; expert report or written summary; opportunity to question expert at preliminary hearing; waiver; discretion of court to order preparation of an expert report; meeting the requirements of due process
(byrd-bonner090513L)
(Posted: September 5th 2013)
Civil:
Motion to compel arbitration; dispute regarding performance under oil and gas lease; arbitration provision in expired lease
(paulhamus090413a)
(Posted: September 4th 2013)
HS vs. CS
8.28.2013
Joy Reynolds McCoy
Divorce:
Exceptions to alimony pendente lite; calculation of husband's pay; fluctuating and unpredictable pay; use of most recent pay stub; evaluation of evidence on whether wife changed jobs to affect alimony order; entitlement of party to mortgage contribution as offset to alimony pendente lite award
(hs082813m)
(Posted: August 30th 2013)
Adoption of PD and ED
8.30.2013
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; failure to perform parental duties on behalf of children; inconsistencies in ability to maintain an appropriate safe home; repeated and continued incapacity, neglect or refusal to act resulting in the children being without essential parental care; deplorable home conditions; question of whether bond that exists with parents is beneficial to the children
(AdoptionofPandED83013m)
(Posted: August 30th 2013)
Commonwealth vs. Fulks
8.30.2013
Nancy L. Butts
Criminal:
Petition for habeas corpus; prima facie case; criminal conspiracy; intent to deliver; Possession may be established as either actual or constructive; criminal use of communication facility; corrupt organizations; engagement in a drug distribution chain; endangering the welfare of a child by the child's presence where a loaded firearm, drugs, and drug paraphernalia used for dealing narcotics were found; hearsay testimony at a preliminary hearing; telephone recordings with evidence from an informant and with surveillance
(Fulks083013bt)
(Posted: August 30th 2013)
Commonwealth vs. Tuck
8.30.2013
Nancy L. Butts
Criminal:
Suppression motion; seizure of a vehicle and towing to police property while waiting for a search warrant to be issued; exigent circumstances; probable cause for issuance of a search warrant; confidential informant; reliability of the informant; corroborating evidence
(Tuck083013bt)
(Posted: August 30th 2013)
Commonwealth vs. Ward
8.29.2013
Marc F. Lovecchio
Criminal:
Motion to amend information to add commission of offense with deadly weapon; prejudice due to being subjected to an increased penalty; no new facts alleged
(Ward082913L)
(Posted: August 29th 2013)
Commonwealth vs. Carr
8.29.2013
Marc F. Lovecchio
Criminal:
Motion to amend information; prejudice due facts not established at preliminary hearing by prima facie standard; constitutional right to preliminary hearing; cognate offenses to original charges
(carr092913L)
(Posted: August 29th 2013)
Commonwealth vs. Greene
8.29.2013
Marc F. Lovecchio
Criminal:
Motion to amend information; prejudice due facts not established at preliminary hearing by prima facie standard; constitutional right to preliminary hearing; cognate offenses to original charges
(Greene082913L)
(Posted: August 29th 2013)
Criminal:
Post-conviction relief act petition; murder conviction; claim for ineffective assistance of counsel; failure to object to standard jury instruction on accomplice testimony; failure to impeach accomplice on motive for testifying; reasonable approach of counsel to choose one defense theory over another; failure to request limiting instruction after witness outburst; prejudice
(Cruz-Echevarria082913bt)
(Posted: August 29th 2013)
Commonwealth vs. Dangle
8.28.2013
Marc F. Lovecchio
Criminal:
Motion to amend information; prejudice due facts not established at preliminary hearing by prima facie standard; amendment that does not charge an additional or different offense
(dangle082813L)
(Posted: August 29th 2013)
Commonwealth vs. Miele
8.29.2013
Nancy L. Butts
Criminal:
Petition for expungement of arrest record; withdrawal of charges due to plea agreement; discretion of trial judge
(Miele082913bt)
(Posted: August 29th 2013)
Civil:
Preliminary objections; sexually hostile work environment; claim for intentional infliction of emotional distress and physical injury; Civil Rights Act; no allegation of retaliatory behavior; specificity of pleading; need for medical evidence
(wertz082713a)
(Posted: August 27th 2013)
Civil:
Preliminary objections; motion to strike complaint for failure to follow court order and timely reinstate and serve complaint
(Durrwachter082213g)
(Posted: August 22nd 2013)