Commonwealth vs. Mullin
8.1.2011
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle stop; plain feel doctrine; sufficiency of facts to establish need for pat-down search; lack of evidence of weapon possession; habeas corpus relief
(Mullen080111L)
(Posted: August 3rd 2011)
Commonwealth vs. Johnson
8.1.2011
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause to stop vehicle; observation of traffic violation; need to establish probable cause to request driver of stopped vehicle to exit vehicle; protective weapons search of the interior of stopped vehicle; suspicious activity in vehicle; scope of inventory search of seized vehicle
(johnson080111L)
(Posted: August 3rd 2011)
Commonwealth vs. Haught
8.2.2011
Nancy L. Butts
Criminal:
Appeal; sufficiency of evidence of unlawful contact with minor; definition of contact under the statute
(Haught080211bt)
(Posted: August 3rd 2011)
Commonwealth vs. White
8.2.2011
Nancy L. Butts
Criminal:
Appeal; sentencing discretion; discretionary aspects of the sentence; factors including extensive felony criminal history, violations of probation, drug and alcohol use
(White080211bt)
(Posted: August 3rd 2011)
Barnard vs. Beidelspacher, Brown & Ulrich
7.22.2011
Charles H. Saylor, Specially Presiding
Civil:
Motion to dismiss private road action; constitutionality of the Private Road Act; public benefit; motion for hearing to establish easement; easement implied by reservation or by implication; continuous use; necessity of easement; coordinate jurisdiction rule; limited purpose of hearing before prior judge.
(barnard072611v)
(Posted: July 27th 2011)
JTV, LLC vs. Bausinger
7.26.2011
Richard A. Gray
Civil:
Motion for judgment on the pleadings; action to quiet title; right of first refusal; statute of limitations; applicability of discovery rule to recorded documents; preservation of issues in the pleadings; motion to strike lis pendens
(JVT072611g)
(Posted: July 26th 2011)
Civil:
Non jury trial; action to quiet title and for ejectment; competing surveys; courses and distances give way to monuments on the ground; parol evidence; boundary retracement; doctrine of consentable lines; establishing by dispute and compromise; non contiguous fence as consentable line
(Hess072611g)
(Posted: July 26th 2011)
Commonwealth vs. Zeigler
7.21.2011
Nancy L. Butts
Criminal:
Appeal; consideration of mitigating circumstances where there is a plea agreement; claim of ineffective assistance of counsel relating to guilty plea; knowing and voluntary plea; issues discussed at guilty plea hearing
(Zeigler072111bt)
(Posted: July 24th 2011)
Commonwealth vs. Cooper
7.20.2011
Nancy L. Butts
Criminal:
Non-jury verdict; attempted homicide and assault; elements of the offenses; sufficiency of the evidence
(cooper072011bt)
(Posted: July 20th 2011)
Civil:
Hearing for permanent injunction; mootness; student discipline; arbitrary or capricious action; remand for administrative action
(jodun072011a)
(Posted: July 20th 2011)
JP vs MU
7.15.2011
Joy Reynolds McCoy
Custody:
Venue change; primary residence of child is York County with mother; Lycoming County action and order; pending motion of father for modification in Lycoming County; significant connections to Lycoming County; exclusive continuing jurisdiction; inconvenient forum; lack of overriding factors.
(JP071511m)
(Posted: July 19th 2011)
SF vs. CF
7.8.2011
Kenneth D. Brown
Custody:
Shared custody of kindergarten age twins; parents residing in different local school districts; factors to consider in determining which school children will attend
(finck070811b)
(Posted: July 15th 2011)
Commonwealth vs. Fields
7.12.2011
Richard A. Gray
Criminal:
Post conviction relief act petition; ineffective counsel; cross examination of witnesses; establishing a different result due to proposed questioning; overwhelming testimony at trial; trial tactics; failure to call witness; failure to call character witnesses; witnesses' testimony not resulting in different result
(Fields071211g)
(Posted: July 14th 2011)
Administrative Appeal:
Motion to quash appeal; standing; bond; adequacy of the record below
(Rose070611g)
(Posted: July 8th 2011)
Commonwealth vs. Mills
7.8.2011
Nancy L. Butts
Criminal:
Petition for writ of habeas corpus; prison fight; one punch as sufficient to establish attempt to commit serious bodily injury; conspiracy; appearing to act as a lookout; feet and shoes as deadly weapons
(HMills070811bt)
(Posted: July 8th 2011)
Commonwealth vs. Harrold
7.8.2011
Nancy L. Butts
Criminal:
Post conviction relief act petition; remand from Superior Court; ineffective counsel; failure to inform defendant of right to call character witnesses; court's independent determination that proposed character witness testimony would have been detrimental to the case
(Harrold070811bt)
(Posted: July 8th 2011)
Commonwealth vs. Mills
7.8.2011
Nancy L. Butts
Criminal:
Petition for writ of habeas corpus; sufficiency of evidence of possession of drugs and weapon; constructive possession of items found in defendant's home and in his clothing; amount of cash and packaging and amount of cocaine as proof of intent to deliver; suppression motion; search incident to the execution of a felony arrest warrant; scope of search; Miranda warnings; voluntary statements by defendant
(Mills070811bt)
(Posted: July 8th 2011)
Commonwealth vs. Worthy
6.13.2011
Marc F. Lovecchio
Criminal:
Commonwealth motion in limine; admissibility of admissions made by defendant in prison disciplinary hearing; lack of Miranda warnings; applicability of Miranda rule to prison officials; prior ruling on same issue; agreement of Commonwealth in pre-trial proceeding; coordinate jurisdiction rule
(Worthy061311L)
(Posted: July 6th 2011)
Commonwealth vs. Pophal
6.13.2011
Marc F. Lovecchio
Criminal:
Motion to suppress; DUI case; Miranda warnings; custodial interrogation; motion to dismiss; probable cause to arrest; arrest based on observations of police officers; sufficiency of evidence that defendant operated vehicle while under the influence; lack of evidence concerning timing of blood sample; two-hour rule
(pophal061311L)
(Posted: July 6th 2011)
Commonwealth vs. Wyland
6.23.2011
Marc F. Lovecchio
Criminal:
Motion in limine; introducing evidence that victim read about defendant's sex crime involving another victim, to explain late report of sexual molestation; prejudice
(Wyland062311L)
(Posted: July 6th 2011)
Commonwealth vs. Bodle
7.6.2011
Richard A. Gray
Criminal:
Appeal; amending criminal information at time of trial to change dates of crimes; admitting evidence of defendant's having a sex club in case involving solicitation of a minor; probative value outweighing prejudice; sexual violent predator finding; expert testimony; failure to address issues that need a trial transcript due to non-payment of transcript cost
(Bodle070611g)
(Posted: July 6th 2011)
EM vs. RM
6.24.2011
Dudley N. Anderson
Custody:
Motion to suspend family counseling; custody dispute between mother and grandmother; counseling ordered in attempt to restore relationship between the child, mother and grandmother; inability of child to associate with mother due to past history of abuse
(miller062411a)
(Posted: June 27th 2011)
Commonwealth vs. Deas
4.19.2011
Nancy L. Butts
Criminal:
Appeal; dismissal of post conviction hearing act petition
(Deas041911bt)
(Posted: June 24th 2011)
Criminal:
Appeal
(Dunkleberger062411g)
(Posted: June 24th 2011)
Winner vs. Mantle
6.22.2011
Richard A. Gray
Civil:
Motion to strike default judgment; bankruptcy pending at the time complaint filed, but subsequently dismissed; complaint filed in violation of automatic stay is void ab initio
(Winner062211g)
(Posted: June 23rd 2011)
Commonwealth vs. White
6.22.2011
Joy Reynolds McCoy
Criminal:
Appeal; sufficiency of the evidence to support guilty verdict; waiver of appeal; timeliness of rule 1925 statement; actual possession of drugs; evidence to establish intent to deliver; overwhelming evidence of guilt
(White62211m)
(Posted: June 23rd 2011)
Administrative Appeal:
Appeal of approval of application for proposed use; board's interpretation of zoning ordinance; definition of retail, wholesale, office, service or repair business; discretion of the zoning hearing board
(Kropp062211g)
(Posted: June 23rd 2011)
JL vs. AL
6.20.2011
Joy Reynolds McCoy
Civil:
Motion to disqualify counsel; inadequate conflict check; wife's attorney meeting with and discussing case with husband, obtaining information that could be significantly harmful to husband if used against him; Pennsylvania Rule of Professional Conduct 1.18
(Larson62011m)
(Posted: June 20th 2011)
Morrone vs. Morrone
6.16.2011
Richard A. Gray
Civil:
Appeal; statute of limitations; defenses of laches and unclean hands; breach of contract claim; court's consideration of testimony in deciding case
(Morrone061611g)
(Posted: June 17th 2011)
Commonwealth vs. Ricks
6.13.2011
Nancy L. Butts
Criminal:
Appeal; post conviction relief act petition; claim of ineffective counsel; valid issues under the statute; authority of counsel to file no-merit letter and withdraw from the case; entitlement to new counsel on second petition
(Ricks061311bt)
(Posted: June 15th 2011)
Commonwealth vs. Best
6.13.2011
Nancy L. Butts
Criminal:
Appeal; denial of post conviction relief act petition
(Best061311bt)
(Posted: June 15th 2011)
CLH vs. LLH
6.14.2011
Dudley N. Anderson
Divorce:
Motion to strike marital settlement agreement; claim of fraud due to misrepresentation of state of spouse's health; settlement agreement not addressing spouse's health; use of parol evidence to prove fraud in the inducement.
(huber061411a)
(Posted: June 14th 2011)
Commonwealth vs. Bloom
6.3.2011
Marc F. Lovecchio
Criminal:
Habeas corpus petition; license or privilege to enter apartment in which defendant had previously resided; forcefully entering through locked door at unscheduled time
(Bloom060311L)
(Posted: June 13th 2011)
Civil:
Supplemental opinion; school board authority; graduation ceremony is an other activity related to the school program, as described by the School Code
(jodun061011a)
(Posted: June 13th 2011)
Commonwealth vs. Sowell
6.10.2011
Marc F. Lovecchio
Criminal:
Motion for nominal bail; Rule 600; excludable time due to pretrial motions
(Sowell061011L)
(Posted: June 13th 2011)
Commonwealth vs. Howard
6.9.2011
Nancy L. Butts
Criminal:
Motion to suppress; drug case; forced abandonment of drugs; authority of police to require a passenger in vehicle stopped for traffic violation to stay in or return to the vehicle; Miranda warnings
(Howard060911bt)
(Posted: June 10th 2011)
Commonwealth vs. Boothe
6.9.2011
Nancy L. Butts
Criminal:
Motion to suppress and petition for habeas corpus; claimed forced abandonment of drugs; officer following defendant after brief encounter; lack of seizure of defendant; prima facie case of drug possession
(Boothe060911bt)
(Posted: June 10th 2011)
CR vs. EF
6.3.2011
Joy Reynolds McCoy
Divorce:
Motion to vacate divorce decree; failure to determine existing property rights; failure of pleading to include claim for economic relief; economic claim made in counter affidavit under Divorce Code section 3301(d); statute of limitations; lack of fraud or fatal defect on face of record.
(cf060311m)
(Posted: June 7th 2011)
Civil:
Motions for summary judgment; contract interpretation; return of deposit on termination of land sale agreement; modification of agreement by inference; waiver of due diligence requirement; accrual of interest
(rbmontoursville060711a)
(Posted: June 7th 2011)
Civil:
Motions for preliminary injunction; discipline of high school students for attending an underage drinking party; participation in extracurricular activities; reliance on information posted on Facebook; attributing a violation of school alcohol policy to any person present at a party where alcohol was served; immediate and irreparable harm
(jodun060211a)
(Posted: June 2nd 2011)
Commonwealth vs. Rigdon
5.27.2011
Nancy L. Butts
Criminal:
Suppression motion; DUI; jurisdiction of police officer; appointment of special county detectives by court order under 16 P.S. §1441; DUI roving patrol; probable cause to stop vehicle; officer's observation of erratic driving; Miranda rights waiver issue
(Rigdon052711bt)
(Posted: June 1st 2011)
Commonwealth vs. Mills
5.2.2011
Marc F. Lovecchio
Criminal:
Appeal; denial of mistrial motion; communication between juror and investigating officer at trial; waiver of issue by counsel failing to make a record of the incident; lack of showing of juror bias; sufficiency of evidence of drug possession with intent to deliver and related offenses; weight of the evidence; eligibility for RRRI program; history of violent behavior, with no convictions; claim of excessive sentence.
(Mills050211L)
(Posted: May 25th 2011)
Commonwealth vs. Becker
5.4.2011
Marc F. Lovecchio
Criminal:
Motion to suppress; DUI case; observations of erratic driving; reasonable suspicion that defendant was driving under the influence of alcohol
(BECKER050411L)
(Posted: May 25th 2011)
Commonwealth vs. Reed
5.5.2011
Marc F. Lovecchio
Criminal:
Application for early parole or to reduce sentence; jurisdiction; exclusive authority of Pa. Board of Probation and Parole to determine parole for sentences over 2 years
(Reed050511L)
(Posted: May 25th 2011)
Commonwealth vs. Brown
5.9.2011
Marc F. Lovecchio
Criminal:
Defendant's motion in limine; evidence of other crimes; common plan, scheme or design; high correlation in details of crimes; possible prejudice; identification issues
(Brown050911L)
(Posted: May 25th 2011)
Commonwealth vs. Robinson
5.18.2011
Marc F. Lovecchio
Criminal:
Motion for reconsideration of sentence nunc pro tunc; jurisdiction of court after 30 days; failure of court to advise defendant of post sentence and appeal rights; breakdown in the processes of the court; illegal sentence; statutory scheme that makes no sense in the real world of sentencing defendants
(robinson051811L)
(Posted: May 25th 2011)
Commonwealth vs. Barto
5.19.2011
Marc F. Lovecchio
Criminal:
Motion to dismiss; claim that prosecution barred due to former prosecution; compulsory joinder rule; offenses arising from clearly different factual scenarios, relating to different victims and witnesses; motion to be heard despite late filing in the interests of justice, to avoid duplicative trials and preserve judicial resources
(Barto051911L)
(Posted: May 25th 2011)
Criminal:
Motion to consolidate; conspiracy involving an assault; prejudice claimed due to one defendant's claim of lesser involvement in the assault
(Ali051811L)
(Posted: May 25th 2011)
Commonwealth vs. Jalonski
5.25.2011
Joy Reynolds McCoy
Criminal:
Appeal; revocation of probation; claim of excessive sentence; failure to preserve objections to discretionary aspect of sentence; need for drug and alcohol treatment; alcohol playing a part of every crime committed; incarceration only way to keep defendant sober
(Jalonski52511m)
(Posted: May 25th 2011)
Preston vs. Williamsport
5.24.2011
Dudley N. Anderson
Civil:
Motion for summary judgment; trip and fall in pothole in crosswalk; issue of notice and time to remedy; constructive notice
(preston052411a)
(Posted: May 25th 2011)
Civil:
Preliminary objections; issue of whether a particular dispute falls within a contractual arbitration provision; question of law for court; nursing home admission agreement; accident during transportation to nursing home
(Rauch052311g)
(Posted: May 23rd 2011)
PAC vs. ADC
5.17.2011
Joy Reynolds McCoy
Divorce:
Exceptions to alimony pendente lite award; reduction of alimony payment for payment of marital debt; factors to be considered in equitable distribution; earning capacity; relationship of alimony pendente lite award to actual need; obligation to pay taxes on Social Security disability benefits; deviation in obligation to pay alimony due to cost of Medicare insurance in light of significant medical needs; formula for computing alimony pendente lite
(pac051711m)
(Posted: May 19th 2011)
Commonwealth vs. Gainey
5.12.2011
Nancy L. Butts
Criminal:
Appeal; allowing a trial witness to take stand and assert right to remain silent on certain questions while answering others
(Gainey051211bt)
(Posted: May 12th 2011)
Commonwealth vs. Weeks
5.12.2011
Nancy L. Butts
Criminal:
Post-sentence motion; sufficiency and weight of the evidence; proof of possession of gun by person not permitted to possess a firearm; occupancy of place where gun found; influence of police on a witness who was told of the penalty for perjury
(Weeks051211bt)
(Posted: May 12th 2011)
Commonwealth vs. Bricker
5.10.2011
Richard A. Gray
Criminal:
Post trial motion; claim of excessive sentence; solicitation of sexual offenses involving juveniles; danger of defendant to public; predatory nature of criminal conduct; sufficiency of evidence of solicitation where defendant solicited juveniles to engage in sex; harmless error
(Bricker051011g)
(Posted: May 10th 2011)
Commonwealth vs. Grissom
3.23.2011
Nancy L. Butts
Criminal:
Appeal; ineffective trial counsel; claimed failure of counsel to investigate sentencing exposure; knowledge of defendant of errant prior record score; failure of counsel to advise defendant to withdraw guilty plea or appeal; lack of prejudice; lack of evidence of request to file appeal; need for evidentiary hearing on post conviction relief act petition; lack of fact issues.
(Grissom032310bt)
(Posted: May 6th 2011)
Commonwealth vs. Williams
4.15.2011
Nancy L. Butts
Criminal:
Post conviction relief act petition; motion of counsel to withdraw; effectiveness of counsel; Miranda rights; suggestive photo array; propriety of in court identification.
(Williams041511bt)
(Posted: May 6th 2011)
Civil:
Motion for summary judgment; trip and fall on sidewalk; trivial defect; 1/2 inch rise between sections of sidewalk
(perry-stabler050611a)
(Posted: May 6th 2011)
RW vs. PW
5.6.2011
Joy Reynolds McCoy
Divorce:
Petition to enforce settlement agreement reached before family court hearing officer on the record; failure to reduce agreement to writing; compelling spouse to sign affidavit of consent
(Winder5611m)
(Posted: May 6th 2011)
Commonwealth vs. Howard
4.25.2011
Nancy L. Butts
Criminal:
Petition for writ of habeas corpus; prima facie case; receiving stolen property charge; possession of copper pipe that was stolen.
(Howard042511bt)
(Posted: May 5th 2011)
In the interest of AI, Jr.
5.4.2011
Joy Reynolds McCoy
Adoption:
Motion to dismiss dependency petition; child abuse by one parent; safety plan; definition of a dependent child; willingness of one parent to provide parental care and desire to maintain family unit; minimal violations of the safety plan by father; diligent attempts by mother to comply with safety plan
(AI050411m)
(Posted: May 5th 2011)
Commonwealth vs. Jackson
5.3.2011
Richard A. Gray
Criminal:
Appeal; timeliness of post sentence motion filed by counsel; refusal of court to address timely post sentence motion filed by defendant; right of self representation; sufficiency and weight of evidence in drug delivery case where the physical delivery was made by a third party of drugs ordered from defendant; sentencing discretion
(Jackson050311g)
(Posted: May 4th 2011)
Commonwealth vs. Cobbs
4.8.2011
Marc F. Lovecchio
Criminal:
Motion of r return of property; seizure of evidence pursuant to an ongoing investigation of sexual assault; derivative contraband; lack of criminal charges after 4 years of Commonwealth possession of property.
(cobbs040811L)
(Posted: May 2nd 2011)
Commonwealth vs. Reynolds
4.13.2011
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; nonsensical motion; reinstating charges dismissed at a preliminary hearing; waiver by pleading guilty; second petition raising the same claims.
(Reynolds041311L)
(Posted: May 2nd 2011)
Commonwealth vs. Brown
4.20.2011
Marc F. Lovecchio
Criminal:
Motion to suppress identification; suggestive pre-trial identification procedure; showing of single photograph of defendant before showing the photo array; substantial likelihood of misidentification; sufficiently independent origin of identification.
(Brown042011L)
(Posted: May 2nd 2011)
Commonwealth vs. Turner
4.25.2011
Nancy L. Butts
Criminal:
Suppression motion; defendant involved in dispute with cab driver; pat down for weapons; discovery of cocaine during pat down.
(Turner042511bt)
(Posted: April 27th 2011)
JM vs. MS
4.19.2011
Joy Reynolds McCoy
Custody:
Aunt and uncle's petition to Intervene in custody action; petitioners possess a parent-child relationship with the children; non-traditional family; standing in loco parentis.
(JM041911m)
(Posted: April 19th 2011)
Commonwealth vs. Ringkamp
3.4.2011
Kenneth D. Brown
Criminal:
Post sentence motion; sufficiency of evidence; non-jury trial of drug offenses; probable cause to search camera images
(ringkamp030411br)
(Posted: April 18th 2011)
Commonwealth vs. Baines
4.18.2011
Dudley N. Anderson
Criminal:
Non-jury trial; retail theft; sufficiency of evidence that defendant conspired to have a department store cashier give her items without charge.
(baines041811a)
(Posted: April 18th 2011)
Rogers vs. Hall & Cappelli
3.25.2011
J. Michael Williamson, Specially Presiding
Civil:
Motion for summary judgment; libel case; defamatory meaning; statements concerning criminal activity; statement in the form of an opinion; absolute privilege of high public officials; statements made for political motives; suit by a public figure; shifting burden of proof; actual malice.
(rogers032511W)
(Posted: April 18th 2011)
Commonwealth vs. Lyons
4.15.2011
Nancy L. Butts
Criminal:
Post conviction relief act petition; effectiveness of counsel; post-trial challenge to conviction; sufficiency of evidence; failure to request charge on lesser included offenses.
(Lyons041511bt)
(Posted: April 16th 2011)
Criminal:
Habeas corpus petition; prima facie evidence of crime; possession of prohibited substance by prisoner; lack of chemical testing of substance.
(Bozochovic041511bt)
(Posted: April 16th 2011)
Commonwealth vs. Thomas
4.7.2011
Nancy L. Butts
Criminal:
Motion to suppress; search of cell phone without warrant; abandoning expectation of privacy by giving possession to another; evidence discovered by private citizen.
(Thomas040711bt)
(Posted: April 16th 2011)
Commonwealth vs. Clark
3.29.2011
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel; sexual offender registration requirements in Pennsylvania; Florida conviction requiring registration; lack of criminal offense; illegal conviction.
(Clark032911bt)
(Posted: April 13th 2011)
Commonwealth vs. Brown
3.29.2011
Nancy L. Butts
Criminal:
Suppression motion; drug case; securing residence before search warrant is obtained; lack of exigent circumstances; consent to search; apparent authority to consent; probable cause to search; affidavit of probable cause establishing probability of contraband in place to be searched.
(Brown032911bt)
(Posted: April 13th 2011)
Commonwealth vs. Hartsock
4.8.2011
Joy Reynolds McCoy
Criminal:
Emergency motion for continuance and motion for funds for expert; complexities of report of Internet history; failure to obtain expert services upon learning of complexities; need for expert services
(Hartsock040811m)
(Posted: April 11th 2011)
Criminal:
Motion in limine; admissions about having smoked marijuana earlier in the day; gang related tattoos; relevance; evidence of common plan or scheme; admissibility of propensity evidence.
(Patton041111g)
(Posted: April 11th 2011)
Commonwealth vs. Price
3.16.2011
Marc F. Lovecchio
Criminal:
Post sentence motion; drug conviction; admissibility of evidence of drugs found in another's residence as proof of defendant's intent to deliver; sufficiency and weight of evidence; circumstantial evidence; constructive possession; consciousness of guilt shown by fleeing from officer;
(PRICE031611L)
(Posted: April 6th 2011)
Commonwealth vs. Barto
3.24.2011
Marc F. Lovecchio
Criminal:
Post sentence motion; attorney conflict of interest; affect on counsel's performance; impact of dual representation of husband and wife in sex abuse case where defense of wife was in lock step with that of husband
(barto032411L)
(Posted: April 6th 2011)
Adoption:
Petition for involuntary termination of parental rights; father has played no role in child's life; failure to fulfill parental responsibilities; impact on child of rights termination
(fa032511g)
(Posted: April 6th 2011)
Commonwealth vs. Cooper
4.4.2011
Marc F. Lovecchio
Criminal:
Motion to suppress; photo identification using CPIN computer program; suggestiveness of photo array; in court identification.
(cooper040411L)
(Posted: April 6th 2011)
SMB vs. CFB
4.4.2011
Marc F. Lovecchio
Custody:
Petition requesting the court to assign the federal tax dependency exemptions; lack of pending support action or order; equitable power of the court; reliance on the Tax Code where no support issue.
(SMB040411L)
(Posted: April 6th 2011)
Commonwealth vs. Ricks
3.30.2011
Nancy L. Butts
Criminal:
Post conviction relief act petition; failure to receive copies of the criminal complaint, the bill of particulars, or discovery; purview of the act; waiver of issues; ineffective counsel for failing to file suppression motion; admissibility of evidence
(Ricks033011bt)
(Posted: March 31st 2011)
Civil:
Forfeiture petition; money from sales of illegal drugs; nexus between the confiscated currency and the illegal activity; shifting burden of proof; credibility determinations.
(Berry033011g)
(Posted: March 30th 2011)
Commonwealth vs. Cormier
3.29.2011
Nancy L. Butts
Criminal:
Motion in limine; perjury charges based on statements made under oath at criminal trial; collateral estoppel from introducing police testimony relating to the time of drug transactions for which defendant was acquitted.
(Cormier032911bt)
(Posted: March 29th 2011)
Commonwealth vs. Best
3.29.2011
Nancy L. Butts
Criminal:
Post conviction relief act petition; sentencing inconsistent with plea agreement; lack of prejudice.
(Best032911bt)
(Posted: March 29th 2011)
Nelson vs. Weaver
3.29.2011
Richard A. Gray
Civil:
Post trial motion; limited tort case; jury finding of no serious impairment of bodily function; weight of the evidence; new trial request where evidence is conflicting and finder of fact could find either way.
(Nelson032911g)
(Posted: March 29th 2011)
Commonwealth vs. Probst
3.18.2011
Kenneth D. Brown
Criminal:
Post sentence motion; mandatory minimum sentence for second Megan's Law offense; required notice to defendant; statutory inconsistencies; appropriateness of long sentence given the nature of the offenses, the prior offenses and the impact on the victim; lack of prejudice
(probst031711br)
(Posted: March 21st 2011)
Commonwealth vs. Chayka
3.18.2011
Joy Reynolds McCoy
Criminal:
Commonwealth appeal; preservation of testimony of unavailable witness; court's evaluation of credibility of witness; lack of corroborative evidence; lack of good faith effort to discover location of witness
(Chayka31811m)
(Posted: March 21st 2011)
Commonwealth vs. Barto
3.4.2011
Marc F. Lovecchio
Criminal:
Appeal; sexual abuse of minors; consolidation of multiple cases; common plan, scheme or design; refusal to grant mistrial where witness made an unsolicited, passing remark, about defendant having been in jail; waiver where no request to strike testimony; refusal to request curative instruction; overwhelming evidence of guilt; harmless error.
(Barto030411L)
(Posted: March 18th 2011)
Commonwealth vs. Temple
3.7.2011
Marc F. Lovecchio
Criminal:
Verdict in non-jury trial; DUI; question of who was driving the car; standards applicable to evaluating the credibility of witnesses; plausibility of defendant's version of the facts; sufficiency of evidence of unsafe driving.
(temple030711L)
(Posted: March 18th 2011)
Civil:
Appeal; denial of motion for delay damages based upon entry of an award for summary judgment; liberal construction of rules; effect on substantial rights of parties; duty to follow clear language of rule when the words are free from ambiguity.
(Firetree031111g)
(Posted: March 18th 2011)
Commonwealth vs. Rawls
3.10.2011
Marc F. Lovecchio
Criminal:
Late filed motion to suppress statements; appearance of new counsel; lack of prejudice; interview of student by officers at school; question of custodial interrogation; voluntariness of questioning of a juvenile; totality of the circumstances.
(Rawls031011L)
(Posted: March 18th 2011)