Commonwealth vs. Coleman
8.22.2013
Marc F. Lovecchio
Criminal:
Motion to dismiss charges; charges barred by former prosecution; charges that could have been consolidated; same criminal episode; prosecutorial vindictiveness; prosecutorial delay; general due process/speedy trial violation claim; prejudice
(Coleman082213g)
(Posted: August 22nd 2013)
Commonwealth vs. Angelo
8.22.2013
Marc F. Lovecchio
Criminal:
Suppression motion; police stop of pedestrians; reasonable suspicion; mere encounter; odor of marijuana; defendant running from scene of criminal activity as sufficient to establish probable cause to detain and search; inevitable discovery doctrine; custodial interrogation; Miranda rights
(Angelo082213bt)
(Posted: August 22nd 2013)
Civil:
Cross motions for judgment on the pleadings and for summary judgment; mortgage foreclosure proceeding; in rem; subsequent purchaser; properly recorded mortgage; transfer of property to thwart foreclosure
(Smith082213g)
(Posted: August 22nd 2013)
Commonwealth vs. Keck
8.20.2013
Marc F. Lovecchio
Criminal:
Motion to sever; admissibility of offenses in a separate trial for the other; common scheme or a plan; separation by the jury so as to avoid confusion; prejudice; habeas corpus petition; prima facie case
(keck082013L)
(Posted: August 21st 2013)
Commonwealth vs. Lawton
8.16.2013
Nancy L. Butts
Criminal:
Suppression motion; vehicle stop; reasonable suspicion; driver in area of previous criminal complaints, who was not violating the law
(Lawton081613bt)
(Posted: August 20th 2013)
Commonwealth vs. Carr
8.16.2013
Nancy L. Butts
Criminal:
Consolidation motion; charges separated by time, location, and nature of offense; prejudice; same transaction exception; separability by the jury
(Carr081613bt)
(Posted: August 20th 2013)
CU vs. DU
8.15.2013
Joy Reynolds McCoy
Custody:
Petition for special relief; question of whether child will attend kindergarten in upcoming school year; readiness assessment; best interests of the child
(CU081513m)
(Posted: August 19th 2013)
In re: MRD and TD
8.19.2013
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; proposed adoption by grandfather; involvement by grandfather in lives of children; de facto parent; settled purpose to relinquish parental claim to a child; determination of whether a bond exists between parent and child
(AdoptionofMDandTD081913m)
(Posted: August 19th 2013)
Civil:
Preliminary injunction; property unfit for human habitation; danger to residents and neighbors.
(Hepburn081313a)
(Posted: August 15th 2013)
In re LB and IB
8.12.2013
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; dependent children; failure to perform parental duties; stability of living arrangements; repeated incapacity and/or refusal to act resulting in the children being without essential parental care; lack of existing, necessary and beneficial relationship
(LB081213m)
(Posted: August 15th 2013)
In re TJ and AJ
8.12.2013
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; failure to perform parental duties for at least six months; lack of a bond between the child and parent
(AJ081213m)
(Posted: August 15th 2013)
In re: JW
7.19.2013
Marc F. Lovecchio
Administrative Appeal:
Appeal of mental health commitment; clear and present danger to himself or others; noncompliance with treatment; procedures of Mental Health act; severe mental disability
(JW071913L)
(Posted: August 13th 2013)
Criminal:
Motion to suppress; execution of arrest warrant; search of property where arrest effectuated; defendant's expectation of privacy in residence of another
(Adams-Coffey081213L)
(Posted: August 13th 2013)
Commonwealth vs. Kemp
8.9.2013
Nancy L. Butts
Criminal:
Commonwealth motion in limine; relevance of expert testimony about whether knife is offensive; self-defense; prior criminal convictions of non-victim; remoteness
(Kemp080913bt)
(Posted: August 13th 2013)
Commonwealth vs. Jones
8.8.2013
Nancy L. Butts
Criminal:
Post-conviction collateral relief petition; meritorious issues; timeliness; sentence guideline violation claim
(Jones080813bt)
(Posted: August 8th 2013)
Commonwealth vs. Motter
8.8.2013
Marc F. Lovecchio
Criminal:
Commonwealth motion to consolidate; multiple informations involving several burglaries of hunting cabins; evidence of each offense admissible in a separate trial for the other; common scheme or plan; ability to separate offenses to avoid possibility of confusion; possibility of prejudice; judicial economy
(motter080813L)
(Posted: August 8th 2013)
CRT vs. MRW
8.1.2013
Joy Reynolds McCoy
Custody:
Service of notice of custody hearing by publication
(CRT080113M)
(Posted: August 8th 2013)
Adoption of ECJ
8.5.2013
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; adoption by grandmother; best interests of the child
(AdoptionofECJ080513m)
(Posted: August 8th 2013)
Commonwealth vs. Livziey
8.5.2013
Nancy L. Butts
Criminal:
Petition for expungement; dismissal of charges pursuant to plea agreement; guilty plea to summary charges
(Livziey080513bt)
(Posted: August 6th 2013)
TMT vs. ATF
7.23.2013
Dudley N. Anderson
Divorce:
Exceptions to alimony pendente lite order; credibility of testimony of inability to work due to health issues; assessment of earning capacity; deviation based on tax refund; de minimus change in obligation
(tmt072313a)
(Posted: July 29th 2013)
Commonwealth vs. Collins
7.29.2013
Marc F. Lovecchio
Criminal:
Suppression motion; reasonable suspicion to stop vehicle; totality of circumstances; jurisdiction of police officer; prior consent to enter jurisdiction; high-risk or emergency situation
(COLLINS072913L)
(Posted: July 29th 2013)
Commonwealth vs. Pepperman
7.29.2013
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle stop; DUI arrest; probable cause to stop vehicle; use of headlights at dusk; probable cause to arrest where defendant failed one of the field sobriety tests and there were indications of consumption of alcohol
(Pepperman072913L)
(Posted: July 29th 2013)
Commonwealth vs. Crissman
7.22.2013
Dudley N. Anderson
Criminal:
Appeal; sufficiency of the evidence of assault offenses; shooting to area where victim was standing; double jeopardy relating to conviction of disorderly conduct after he was convicted of simple assault and recklessly endangering
(crissman072213a)
(Posted: July 23rd 2013)
Civil:
Motion for summary judgment; fall in a parking lot; question of control and maintenance responsibilities; lease language; fact issues
(fulkrod072213a)
(Posted: July 23rd 2013)
Commonwealth vs. Forshyte
7.22.2013
Marc F. Lovecchio
Criminal:
Motion for nominal bail; rule 600; excludable time; Commonwealth continuance requests; prejudice due to anticipated severance requests; defendant's wrongdoing causing the victim's unavailability
(Forshyte072213L)
(Posted: July 23rd 2013)
Giles vs. Read
7.9.2013
Richard A. Gray
Civil:
Motion for summary judgment; claimed right to use land; implied easement from prior use; intention of the parties to allow continued use; easement by necessity; land locked property; need for a site view; easement by prescription; fact issues on permissive use; estoppel; justifiable reliance; allowing site view
(Giles070913g)
(Posted: July 19th 2013)
Civil:
Preliminary objections; arbitration agreement; scope of the agreement to arbitrate; fulfillment of subcontract; public policy favoring arbitration
(LNHEPCO071813g)
(Posted: July 19th 2013)
Downs vs. Flynn
7.19.2013
Dudley N. Anderson
Civil:
Preliminary objections; reformation of the deeds; claimed mutual mistake in conveyance of land to two neighbors; standing; privity of contract; failure to join an indispensable party
(downs071913a)
(Posted: July 19th 2013)
DeRaffele vs UGI Gas
7.17.2013
Dudley N. Anderson
Civil:
Preliminary objections; subject matter jurisdiction of the court; claim of failure to maintain adequate utility service
(deraffele071713a)
(Posted: July 18th 2013)
Civil:
Petition to strike judgment; service upon part-time mechanic for defendant; only person present; person in charge
(unifirst071613a)
(Posted: July 16th 2013)
In re KMS and KS
7.12.2013
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; failure of father to appear at hearing; failure to perform parental duties; lack of parental bond; destruction of an existing relationship
(AdoptionofKSandKS071213m)
(Posted: July 16th 2013)
Commonwealth vs. Carr
7.16.2013
Nancy L. Butts
Criminal:
Reconsideration of suppression denial; authority of court to re-open the record to consider Commonwealth evidence; jurisdiction of police officer; voluntariness of search of vehicle; habeas corpus petition; prima facie case of drug offenses
(Carr071613bt)
(Posted: July 16th 2013)
Commonwealth vs. Travers
7.15.2013
Marc F. Lovecchio
Criminal:
Post sentence motion; weight of evidence; claim of self defense; credibility issues; elements of robbery and theft; photographs of victim's injuries; unfair prejudice; excessive sentence claim; horrendous circumstances of the criminal assault
(Travers071513L)
(Posted: July 15th 2013)
Criminal:
Suppression motions; reasonable suspicion to conduct a vehicle stop; totality of circumstances; suspicious behavior; warrantless searches of vehicle occupants; inevitable discovery; custodial detention; investigatory detention while witnesses are diligently brought to the scene; probable cause to arrest; unduly suggestive show up identifications; unduly suggestive photo identifications; habeas corpus petitions; prima facie case of tampering with evidence; multiplicative counts; prima facie case of involvement in a home invasion_x000d_
(MorganWorthyGrissom071513bt)
(Posted: July 15th 2013)
Commonwealth vs. Lyons
7.8.2013
Richard A. Gray
Criminal:
Appeal; amendment to criminal information; conviction of separate assault offenses; use of standard jury instructions; deadly weapon enhancement where jury does not find that deadly weapon was used; waiver of issues; findings to be made by the court; claimed unreasonable and excessive sentence; corpus delicti rule; proof of facts without reliance on confession; testimony of licensee number as violation of hearsay rule
(Lyons070813g)
(Posted: July 9th 2013)
JP vs TS
7.8.2013
Joy Reynolds McCoy
Custody:
School selection dispute; best interests of the child; evaluating totality of circumstances; schools equally appropriate for child; ability to interact with half-sister at school
(Phillips070913m)
(Posted: July 9th 2013)
Civil:
Preliminary objections; specificity of phrase "including but limited to"; duty of club member to supervise, train or instruct a volunteer; special relationship
(Byerly070313g)
(Posted: July 8th 2013)
Commonwealth vs. Smith
7.1.2013
Marc F. Lovecchio
Criminal:
Appeal; excessive sentence; waiver of issues; negotiated plea agreement; voluntariness of guilty plea; raising issue of ineffective counsel on appeal; eligibility for recidivism risk reduction incentive
(Smith070113L)
(Posted: July 5th 2013)
Commonwealth vs. Brown
7.5.2013
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; timeliness; double jeopardy; separate sentences for separate crimes under same section of the crimes code; revocation of probation before probation commenced
(Brown070513L)
(Posted: July 5th 2013)
Commonwealth vs. Sabur
7.1.2013
Marc F. Lovecchio
Criminal:
Appeal; weight of the evidence; credibility of witnesses; admissibility of prison telephone conversations; relevance; danger of unfair prejudice; proof of intent and motive
(Sabur070113L)
(Posted: July 1st 2013)
Commonwealth vs. Locke
7.1.2013
Marc F. Lovecchio
Criminal:
Appeal; sufficiency of the evidence sexual offenses with a minor; need for testimony to corroborate that of the victim; claimed error in not using complete standard jury instruction on prompt complaint; adequate statement of the law; introduction of prior consistent statements to rebut charge of fabrication, bias, improper influence or motive, or faulty memory; manifestly excessive sentence; preservation of issues
(Locke070113L)
(Posted: July 1st 2013)
Civil:
Propriety of raising statute of limitations issue by preliminary objection; preliminary objection to preliminary objection; gist of the action doctrine barring breach of fiduciary duty claims; specificity of pleading; sufficiency of pleading of special relationship to establish fiduciary duty; requirement to attach writings
(samuel062713g)
(Posted: June 27th 2013)
Commonwealth vs. Klopp
6.21.2013
Marc F. Lovecchio
Criminal:
Sentencing issue; Megan's Law registration grading; need for a prior conviction before the enhanced registration requirement be imposed; multiple offenses arising from the same criminal episode
(Klopp062113L)
(Posted: June 23rd 2013)
TM vs. MM
6.13.2013
Dudley N. Anderson
Custody:
Request to relocate child; factors considered; short distance move without impacting the custody order; opinion of the 11 year old child; no financial or job impact with the move
(tm061313a)
(Posted: June 20th 2013)
Civil:
Motion for reconsideration of allocation of settlement proceeds as all survival benefits; applicability of policy favoring wrongful death benefits; intention of decedent to pass estate to wife rather than sons; right of children to claim wrongful death benefits where they suffered no pecuniary loss
(Rinker062013g)
(Posted: June 20th 2013)
Commonwealth vs. Quartman
6.20.2013
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case; retail theft charge in case where defendant placed items from store in a bag, but left the bag in the store; presumption relating to concealing of unpurchased property; renunciation as defense
(Quartman062013bt)
(Posted: June 20th 2013)
Commonwealth vs. Owens
6.20.2013
Nancy L. Butts
Civil:
Motion to remand back to preliminary hearing; DUI; waiver of right to remand matter for preliminary hearing as a part of a guilty plea agreement; mutual mistake claim; knowledge of defendant of prior DUI; unclean hands
(Owens062013bt)
(Posted: June 20th 2013)
Commonwealth vs. Carr
6.18.2013
Nancy L. Butts
Criminal:
Suppression motion; reopened record; police jurisdiction; prior written consent between municipalities; drug sale first arising in primary jurisdiction; voluntariness of consent to search; totality of circumstances; probable cause to arrest
(Carr061813bt)
(Posted: June 19th 2013)
Commonwealth vs. White
6.18.2013
Nancy L. Butts
Criminal:
Post-conviction relief act petition; knowing, intelligent and voluntary guilty plea; reasonableness of sentence; sufficiency of claim that attorney failed to raise issues on appeal; claimed sentencing errors; definition of drug paraphernalia; discretion of court to impose consecutive sentences rather than concurrent; computing credit for time served
(White061813bt)
(Posted: June 18th 2013)
Civil:
Appeal; unauthorized practice of law; expert opinion on legal issues; applicability of unclean hands doctrine
(Capoulliez061013g)
(Posted: June 11th 2013)
Early-McClure vs. Hall
6.11.2013
Dudley N. Anderson
Divorce:
Protection form abuse case; motion to quash subpoena to Pa. State Police; intercepted communications; wiretap act protections from disclosure
(earlymcclure061113a)
(Posted: June 11th 2013)
Commonwealth vs. Timlin
6.10.2013
Nancy L. Butts
Criminal:
Motion to reinstate plea agreement; waiver of preliminary hearing in exchange for plea agreement; accomplishment of the plea agreement; promissory estoppel; reasonableness of reliance on guilty plea recommendation, that was made subject to approval of district attorney
(Timlin061013bt)
(Posted: June 11th 2013)
Criminal:
Motion to join informations; murder case; antagonistic defenses; reconcilable defenses; claimed prejudice due to allegation that one of the defendants stole a gun used in the shooting
(MooreAlford061013bt)
(Posted: June 11th 2013)
Commonwealth vs. Riera
6.10.2013
Nancy L. Butts
Criminal:
Appeal of murder conviction; speedy trial claim; defendant requested continuances causing delay; Commonwealth's production of changed witness statement; lack of police report of change in statement; lack of prejudice; prosecutorial misconduct in closing statement; counsel's misstatement of the law; corrective instruction
(Riera061013bt)
(Posted: June 11th 2013)
Commonwealth vs. Morrison
6.7.2013
Richard A. Gray
Criminal:
Suppression motion; statements made while under arrest; legality of arrest; investigative detention; probable cause to arrest; Miranda warnings; knowing, intelligent and voluntary statements; need for renewed Miranda warnings
(Morrison060713g)
(Posted: June 10th 2013)
Commonwealth vs. Vidonish
6.10.2013
Nancy L. Butts
Criminal:
Appeal of summary offense conviction; driving too fast for conditions; lack of evidence of speed of vehicle; inferences based on road conditions and inability of driver to stay on the road
(Vidonish061013bt)
(Posted: June 10th 2013)
Commonwealth vs. Coleman
6.10.2013
Marc F. Lovecchio
Criminal:
Habeas corpus petition; sufficiency of evidence of criminal conspiracy and criminal use of a communication facility; mere association; circumstantial evidence of involvement; motion to suppress identification; unnecessarily suggestive photo array; in-court identification following a suggestive pretrial identification; burden of Commonwealth to provide independent basis for identification
(Coleman061013L)
(Posted: June 10th 2013)
Commonwealth vs. Veer
6.10.2013
Marc F. Lovecchio
Criminal:
Determination of whether New York driving while ability impaired offense is substantially similar to Pennsylvania driving under the influence offense, for grading purposes
(Veer061013L)
(Posted: June 10th 2013)
Civil:
Preliminary objections; specificity of averments; demurrer; governmental immunity; applicability of vehicle exception to claim that snow plow caused curb damage; duty to warn and inspect dangerous condition of sidewalk; notice of defective condition
(Weiser052413g)
(Posted: June 7th 2013)
Criminal:
Appeal of denial of district attorney of private criminal complaints; attempt by convicted sex offender to have complainants charged with criminal charges relating to their reports to authorities and testimony; request to recuse district attorney due to pending civil rights action; process for filing private criminal complaints against juvenile; standard of review; sufficiency of evidence of perjury and false reports; bald assertions
(Bodle060613L)
(Posted: June 6th 2013)
In re: Adoption of MLD
5.31.2013
Joy Reynolds McCoy
Adoption:
Petition to involuntarily terminate parental rights; 16 year old child; evidence of settled purpose of relinquishing parental claim to a child; deliberate decision to terminate parental relationship
(AdoptionofMD053113m)
(Posted: June 4th 2013)
Commonwealth vs. Hofford
6.4.2013
Marc F. Lovecchio
Criminal:
Suppression motion; reasonable suspicion or probable cause for vehicle stop; failure to use turn signal; obligation to use turn signal at intersection, where driver has the right-of-way
(Hofford060413L)
(Posted: June 4th 2013)
Commonwealth vs. Williams
5.31.2013
Nancy L. Butts
Criminal:
Habeas corpus petition; specificity of motion; waiver
(Williams053113bt)
(Posted: June 1st 2013)
Commonwealth vs. Plummer
5.31.2013
Nancy L. Butts
Criminal:
Suppression motion; search of everyone in a vehicle; automatic companion rule; reasonable and articulable suspicion that the arrestee's companion is armed and dangerous; pat down; plain feel doctrine.
(Plummer053113bt)
(Posted: June 1st 2013)
Criminal:
Habeas corpus petition; prima facie case of attempted murder and aggravated assault; specific intent to kill or cause serious bodily injury
(Hellenthal053113bt)
(Posted: June 1st 2013)
Commonwealth vs. McHenry
5.31.2013
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; destroyed evidence; bad faith
(McHenry053113bt)
(Posted: May 31st 2013)
Civil:
Petition to strike or open default judgment; action to quiet title; service by advertisement; self-sustaining complaint; failure of complaint to state a claim upon which relief may be granted; fatal defect; lost deed; adverse possession of mineral rights; affirmative act evidencing abandonment of mineral rights; loss of mineral rights for failure to pay taxes; separate assessment of taxes on mineral rights
(bailey052913a)
(Posted: May 30th 2013)
RW vs. CW
5.23.2013
Dudley N. Anderson
Support:
Exceptions to support order; evidence that respondent's conduct caused petitioner to be fired; medical insurance premiums; entitlement to earned income credit
(wilson052313a)
(Posted: May 24th 2013)
Commonwealth vs. Bricker
5.24.2013
Richard A. Gray
Criminal:
Petition for post-conviction relief; ineffective counsel claim; failure to appeal denial of nominal bail petition; undermining the truth-determining process; merits of underlying claims; proper issues for post conviction petition
(bricker052413g)
(Posted: May 23rd 2013)
Commonwealth vs. Villanueva
5.22.2013
Marc F. Lovecchio
Criminal:
Motion to suppress; seizure of hair and blood samples; probable cause for search warrant; motion for funds for an expert; DNA evidence; particularized need for expert, specifically set forth in writing; need for investigator; motion to dismiss; delay in charging offenses; bald allegations of prejudice
(villanueva052113L)
(Posted: May 22nd 2013)
Commonwealth vs. Garrett
5.22.2013
Marc F. Lovecchio
Criminal:
Motion to dismiss; diligent prosecution; tendered guilty plea that is rejected by Commonwealth, as waiver of speedy trial rights; excludable time
(Garrett052213L)
(Posted: May 22nd 2013)
Commonwealth vs. Anderson
5.16.2013
Nancy L. Butts
Criminal:
Motion to suppress evidence; search of everyone in a vehicle; automatic companion rule; reasonable and articulable suspicion that the arrestee's companion is armed and dangerous
(Anderson051613bt)
(Posted: May 17th 2013)
Commonwealth vs. Robinson
5.17.2013
Marc F. Lovecchio
Criminal:
Amended post-conviction relief act petition; ineffective counsel; defense strategy; admissibility of theft convictions; preempting Commonwealth evidence of crimen falsi convictions
(Robinson051713L)
(Posted: May 17th 2013)
Commonwealth vs. Bodle
5.17.2013
Richard A. Gray
Criminal:
Appeal; weight and sufficiency of the evidence; admission of statements by one of tender years; testimony supporting sexual offenses against a minor; establishing the dates of offenses
(bodle051713g)
(Posted: May 17th 2013)
Civil:
Preliminary injunction hearing; award of plumbing contract; taxpayer standing; straw party for losing bidder for contract; standard for mandatory injunctive relief; irreparable harm; withdrawal of bids; applicability of section 1603 of the Trade and Commerce Code; disqualification of withdrawing bidder; materially altered project
(Stewart050913g)
(Posted: May 16th 2013)
AF vs RD
5.15.2013
Joy Reynolds McCoy
Support:
Preliminary objections to support complaint filed against father by sister of 18 year old child; child refusing to follow parental rules; child voluntarily moving from parental home to move in with sister; parental home remains open to child; emancipation
(AF051513m)
(Posted: May 16th 2013)
Civil:
Non-jury verdict; injunction case; student drug testing policy applicable to students participating in extracurricular activity or who wish to obtain a parking permit; required consent to drug testing; claimed violation of Pennsylvania constitution; actual showing of the specific need for the policy due to documented drug problem
(Fagnano051613g)
(Posted: May 16th 2013)
Civil:
Forfeiture petition; use of vehicle to transport a rape victim to location where rape was committed; divorce; property included in the definition of marital property; waiver of marital property claim; standing to raise marital property claim where spouse raises none
(Forfeiture050613g)
(Posted: May 13th 2013)
Commonwealth vs. Bryant
5.9.2013
Joy Reynolds McCoy
Civil:
Appeal; sufficiency of evidence to prove possession of a controlled substance; constructive possession; ability to exercise conscious dominion over an illegal substance
(Bryant5913m)
(Posted: May 13th 2013)
JM vs. MH
5.8.2013
Joy Reynolds McCoy
Custody:
Petition for special relief; dispute about where child will attend school; best interests of the child; both school districts meeting child's needs; stronger stability of parent in a district as a deciding factor
(jm050813m)
(Posted: May 10th 2013)
KW vs. KH
5.9.2013
Joy Reynolds McCoy
Custody:
Hearing related to child's public or Catholic school attendance; best interest of the child; ability of schools to meet educational needs
(kw050913m)
(Posted: May 10th 2013)
Criminal:
Omnibus pre-trial motion; case barred by former prosecution; prosecution based on same criminal conduct or from same criminal episode; de minimis duplication of facts; suppression of evidence; burden of proof; insufficient record to establish that the police had reasonable suspicion or probable cause to believe that Defendant committed an offense
(Adjei-Frimpong051013L)
(Posted: May 10th 2013)
Administrative Appeal:
Petition to set aside upset tax sale; notice issue; requirement of personal service
(taxclaimbureautaylor050713a)
(Posted: May 7th 2013)
Commonwealth vs. Dye
5.7.2013
Marc F. Lovecchio
Criminal:
Suppression motion; DUI case; probable cause to believe crime had been committed; blood not drawn within 2 hours; admissions in verified motion; exception to 2 hour rule
(Dye050713L)
(Posted: May 7th 2013)
Commonwealth vs. Nixon
5.6.2013
Marc F. Lovecchio
Criminal:
Motion to suppress; protective sweep of residence; domestic disturbance at residence; observation of firearm; scope of protective sweep; pretext to discover evidence; legality of arrest; inevitable discovery of evidence and arrest of defendant
(NIXON050613L)
(Posted: May 6th 2013)
Adoption:
Appeal of one basis for terminating parental rights where agency met its burden of proving multiple bases for termination
(AdoptionofCSandCL050613m)
(Posted: May 6th 2013)
Commonwealth vs. Lattie
5.3.2013
Nancy L. Butts
Criminal:
Post-sentence motion; non-jury verdict; weight and sufficiency of evidence of criminal trespass; claimed inadvertent entry into a home; voluntary intoxication; attempt to flee the police
(Lattie050313bt)
(Posted: May 4th 2013)
Commonwealth vs. Hopkins
5.2.2013
Nancy L. Butts
Criminal:
Motion to suppress; search and seizure; passenger's standing to contest search; scope of consent; legitimate expectation of privacy; use of vehicle for storage of possessions; failure of passenger to claim ownership prior to search
(Hopkins050213bt)
(Posted: May 2nd 2013)
Commonwealth vs. Carr
5.2.2013
Nancy L. Butts
Criminal:
Motion to suppress; drug case; controlled buy of drugs outside of jurisdiction of police officer; burden of proof in suppression hearing; failure to offer proof of authority of officer to act outside of his jurisdiction
(Carr050213bt)
(Posted: May 2nd 2013)
Civil:
Motion for judgment on the pleadings; action for trespass and unjust enrichment resulting from seismic studies; right under lease and assignment to conduct seismic testing; sufficiency of the facts of record to support motion; viability of unjust enrichment claim in tort action setting
(evans043013a)
(Posted: May 1st 2013)
Criminal:
Motion to suppress; unduly suggestive photo array; police showing photo of shooter to witness where witness supplied the shooter's name and detailed previous contacts
(MooreAlford050113bt)
(Posted: May 1st 2013)
Jacobs vs. Bilbay
4.30.2013
Richard A. Gray
Civil:
Appeal of jury verdict in auto collision case; admitted negligence; award of medical expenses and lost earnings only; claimed error in instructing jury on factual cause where some injury is admitted; jury determination as to which injuries were caused by the accident; making medical exhibits available to jury during deliberations; claim that low award for lost earnings was against weight of the evidence; role of jury to decide the amount and extent of injuries; credibility of expert witness
(jacobs043013g)
(Posted: April 30th 2013)
Civil:
Appeal of denial of motion for default judgment; lack of final order; failure of service by the sheriff; failure to follow default judgment procedures
(hill042613a)
(Posted: April 29th 2013)