Civil:
Declaratory judgment action; bad faith claim; summary judgment motion; insurance policy exclusion for business pursuits; allegations in the complaint triggering insurer's duty to defend; looking outside of the complaint allegations
(Livorno121109a)
(Posted: December 11th 2009)
Administrative Appeal:
Petition for review; house demolition order; request for delay to make repairs; public safety issue
(Welch121009g)
(Posted: December 10th 2009)
BB vs. MW; KP vs. MW
12.8.2009
Dudley N. Anderson
Support:
Exceptions to support; calculating income; tax refund
(bb120809a)
(Posted: December 8th 2009)
Civil:
Petition for forfeiture and condemnation; rebuttable presumption that money found in the close vicinity to drugs was proceeds of the sale of drugs; evidence of a gift of cash; arrest for possession of small amount of marijuana for personal use
($1208120409a)
(Posted: December 7th 2009)
Criminal:
Petition for writ of habeas corpus; DUI case; resisting arrest; refusal to comply with officer's requests; kicking police cruiser windows
(Schappell120209bt)
(Posted: December 4th 2009)
Commonwealth vs. Taylor
12.4.2009
Nancy L. Butts
Criminal:
Suppression motion; vehicle stop; security sweep; drug case; habeas corpus petition; sufficiency of the evidence
(Taylor120709bt)
(Posted: December 4th 2009)
Civil:
Appeal
(firstnationalbank112209a)
(Posted: December 2nd 2009)
SEA vs. KKA
11.24.2009
William S. Kieser
Divorce:
Marital property; wife's joinder in conveyance of marital interest in husband's property resulting in extinguishing the interest in the increase in value; the increase in value of husbands interest in property acquired after the relinquishment is marital property
(ssa122409k)
(Posted: November 24th 2009)
Wolfe vs. Zierle
11.24.2009
Richard A. Gray
Civil:
Post trial motion; automobile accident case involving intoxication; punitive damages; remitter request
(Wolfe112409g)
(Posted: November 24th 2009)
Civil:
Motion for summary judgment; common law cause of action; causation issue; defense of following contract specifications
(Wood112409g)
(Posted: November 24th 2009)
Commonwealth vs. Williams
11.24.2009
Kenneth D. Brown
Criminal:
Suppression motion; vehicle stop; violation of the vehicle code; seizure of cash and a cell phone; probable cause for warrant to search a hotel room; petition for writ of habeas corpus; actions constituting consciousness of guilt
(Williams112409br)
(Posted: November 24th 2009)
Civil:
Preliminary objections; wrongful termination; at-will employee; public policy exception for crime victims
(DiMarco112309g)
(Posted: November 23rd 2009)
Commonwealth vs. Blagman
11.18.2009
Kenneth D. Brown
Criminal:
Appeal; drug case; trooper answering arrestee's cell phone; need for a search warrant; timeliness of suppression motion filed after jury was picked
(Blagman111809br)
(Posted: November 18th 2009)
Commonwealth vs. Thomas
11.17.2009
Kenneth D. Brown
Criminal:
Motion to suppress; traffic stop; stop sign violation; consent of power of attorney of owner of vehicle for search of vehicle; reasonable suspicion prior to requesting consent to search; apparent authority to search the vehicle
(Thomas111709br)
(Posted: November 17th 2009)
Commonwealth vs. Jones
11.17.2009
William S. Kieser
Criminal:
Appeal; post conviction relief act petition; sentencing issue
(jones111709k)
(Posted: November 17th 2009)
Commonwealth vs. Saiers
11.10.2009
Nancy L. Butts
Criminal:
Costs of criminal prosecution; expert fees of expert testifying for the prosecution at a suppression hearing where a statement was suppressed; compensation for period of incarceration that was not used in computation of sentence
(Saiers111009b)
(Posted: November 10th 2009)
Commonwealth vs. Caldwell
11.10.2009
Nancy L. Butts
Criminal:
Motion to suppress; voluntariness of a statement to police; Miranda warnings; custodial interrogation
(Caldwell111009bt)
(Posted: November 10th 2009)
Commonwealth vs. Logan
11.4.2009
Nancy L. Butts
Criminal:
Motion to suppress; reasonable suspicion to stop vehicle; pat-down of vehicle occupant; odor of marijuana; consent to search vehicle obtained by phone of owner
(Logan110409bt)
(Posted: November 9th 2009)
Civil:
Non-jury trial; injunction request; barking dogs at a kennel; nuisance; violation of zoning ordinance
(koleno110609a)
(Posted: November 9th 2009)
Commonwealth vs. Poust
11.4.2009
Nancy L. Butts
Criminal:
Omnibus pre-trial motion; DUI case; habeas corpus petition; 2 hour blood test rule; sufficiency of evidence as to when the vehicle was driven; good cause exception
(Poust110409bt)
(Posted: November 6th 2009)
Commonwealth vs. Belle
11.5.2009
Kenneth D. Brown
Criminal:
Appeal; perjury; admitted false testimony in guilty plea hearing; lying on advice of counsel; defense of ignorance or mistake; negating intent to commit perjury; sentencing issue
(Belle110509br)
(Posted: November 5th 2009)
Civil:
Motions in limine; failure to wear seatbelt; use of computer generated animation; fair and accurate portrayal of accident events; subsequent remedial measures against party that did not make the changes; contractor following PaDOT specifications; motion to compel traffic study; duty to produce expert compensation or other cases
(Wood102909g)
(Posted: November 4th 2009)
Commonwealth vs. Bennett
10.2.2009
William S. Kieser
Criminal:
Appeal; possession of child pornography; jury selection; denial of challenge for cause; sufficient of the evidence that photos were for the purpose of sexual stimulation; sentencing; sexually violent predator; sentencing discretion
(Bennett10209K)
(Posted: November 3rd 2009)
EH vs. AH
10.20.2009
William S. Kieser
Divorce:
Contempt petition; marital settlement agreement providing for father's payment of child support; father is custodial parent; proper procedure to compel compliance with agreement; authority of court to enforce custody provisions not merged into the divorce decree
(EH102009K)
(Posted: November 3rd 2009)
Commonwealth vs. Cummings
10.20.2009
William S. Kieser
Criminal:
Appeal; sentencing issue; ineffective counsel
(Cummings102009K)
(Posted: November 3rd 2009)
Commonwealth vs. Messerly
10.19.2009
William S. Kieser
Criminal:
Appeal; post conviction relief act petition; same issue addressed in direct appeal
(Messerly101909k)
(Posted: November 3rd 2009)
Commonwealth vs. Powell
11.3.2009
Kenneth D. Brown
Criminal:
Suppression motion; reasonable suspicion to approach vehicle; probable cause to seize vehicle; sufficiency of affidavit of probable cause; unattended vehicle with engine running; odor of marijuana; prima facie case
(powell110309br)
(Posted: November 3rd 2009)
Commonwealth vs. Thomas
10.1.2009
Nancy L. Butts
Criminal:
Motion to suppress; vehicle stop; probable cause; vehicle search; missing evidence charge relating to missing tape recording of stop
(Thomas100109bt)
(Posted: November 2nd 2009)
Commonwealth vs. Hoyt
10.2.2009
Kenneth D. Brown
Criminal:
Appeal; admissibility of evidence; business record exception to hearsay rule
(Hoyt10022009br)
(Posted: November 2nd 2009)
Commonwealth vs. Campbell
10.5.2009
Kenneth D. Brown
Criminal:
Appeal; DUI; corpus delecti rule; proof that defendant was the driver; circumstantial evidence
(Campbell100509br)
(Posted: November 2nd 2009)
Commonwealth vs. Ricks
10.9.2009
Kenneth D. Brown
Criminal:
Appeal; drug delivery and theft conviction; sufficiency and weight of evidence; abuse of discretion by imposing consecutive sentences; separate and distinct offenses; extensive criminal record of defendant
(Ricks100909br)
(Posted: November 2nd 2009)
Commonwealth vs. Campbell
10.12.2009
Kenneth D. Brown
Criminal:
Petition for writ of habeas corpus; obstruction of the law case; de minimus offense
(Campbell101209br)
(Posted: November 2nd 2009)
Commonwealth vs. Harry
10.19.2009
Kenneth D. Brown
Criminal:
Appeal
(Harry101909br)
(Posted: November 2nd 2009)
Commonwealth vs. Patterson
10.30.2009
Nancy L. Butts
Criminal:
Omnibus pre-trial motion; capital case; "life means life" instruction; constitutionality of death penalty; constitutionality of "death qualification" of jury; request for separate jury; jury sequestration; jury view
(Patterson103009bt)
(Posted: November 2nd 2009)
Commonwealth vs. Crowder
10.30.2009
Nancy L. Butts
Criminal:
Motion for return of property; cash found on defendant's person; credible evidence that the money was from employment
(Crowder103009bt)
(Posted: November 2nd 2009)
Administrative Appeal:
Petition to set aside and vacate judicial tax sale; failure of tax office to accept money to stop sale; written agreement requirement; untimely attempt to pay taxes on day of sale
(Waltman102709g)
(Posted: October 27th 2009)
Administrative Appeal:
Land use appeal; parking requirement for a church; right to continue non-conforming use; variance; deemed approval; preservation of the issue in an appeal
(Maple101609g)
(Posted: October 16th 2009)
Civil:
Non-jury trial; prescriptive easement for ingress and egress; continuous and uninterrupted use
(Dean100609g)
(Posted: October 9th 2009)
In Re: Abigail S Name Change
10.9.2009
Dudley N. Anderson
Civil:
Petition for name change of child; best interests of the child; settled purpose of father to abandon child
(s100909a)
(Posted: October 9th 2009)
Civil:
Motion for summary judgment; breach of contract and declaratory judgment action; exclusion in coverage for intentional act of covered person; intent of resident relative of covered person to kill family by burning house
(horn100209a)
(Posted: October 5th 2009)
Commonwealth vs. Harry
9.16.2009
Kenneth D. Brown
Criminal:
Post sentence motion; drug case; motion to suppress; probable cause to search; observation of vegetable material in a baggie; Miranda rights; inducement by offering to tell judge of cooperation, made after waiver of Miranda rights; application of the mandatory minimum sentence for gun possession; claimed violation of 2nd Amendment rights; bail pending appeal
(Harry101609br)
(Posted: October 1st 2009)
Commonwealth vs. Merrill
9.28.2009
Nancy L. Butts
Criminal:
Appeal; post conviction relief act; ineffective counsel; failure to file direct appeal; abuse of sentencing discretion
(Merrill092509bt)
(Posted: October 1st 2009)
Commonwealth vs. Patton
9.28.2009
Kenneth D. Brown
Criminal:
Suppression motion; seizure of vehicle; fresh smell of marijuana smoke; reasonable suspicion to approach vehicle; probable cause for search; sufficiency of affidavit supporting the search warrant
(Patton092809br)
(Posted: October 1st 2009)
Commonwealth vs. Simcox
9.29.2009
Kenneth D. Brown
Criminal:
Suppression motion; vehicle search without a warrant; scope of protective search; need for inventory search
(Simcox092909br)
(Posted: October 1st 2009)
Commonwealth vs. Kepner
9.25.2009
Nancy L. Butts
Criminal:
Motion to suppress; reasonable suspicion of a vehicle code violation; vehicle stop out of jurisdiction; violations observed by pursuing officer
(Kepner092509bt)
(Posted: September 29th 2009)
Wolfe vs. Zierle
9.25.2009
Richard A. Gray
Civil:
Motion in limine; vehicle accident case; evidence of DUI and blood alcohol in a civil case; evidence of old DUI convictions
(Wolfe092309g)
(Posted: September 29th 2009)
Civil:
Appeal; confessed judgment; meritorious defense; irregular judgment; attempt to make partial payment; instrument defines default as failing to make full payment
(firstnationalbank091809a)
(Posted: September 23rd 2009)
Commonwealth vs. Artley
9.22.2009
Dudley N. Anderson
Criminal:
Motion for reconsideration of sentence nunc pro tunc; burglary case; credit for housing in "pre-release" status
(artley092209a)
(Posted: September 23rd 2009)
Commonwealth vs. Woodring
9.14.2009
Nancy L. Butts
Criminal:
Tender years hearing; abuse case; reliability of statements to third parties; statements carried out under direction of police
(Woodring091409bt)
(Posted: September 16th 2009)
Commonwealth vs. Bodle
9.16.2009
Nancy L. Butts
Criminal:
Motion to suppress statement; subject to custodial interrogation; necessity of Miranda warnings; motion in limine; probative value of statements outweighed by danger of unfair prejudice; statements not related to cases at hand
(Bodle091609bt)
(Posted: September 16th 2009)
Commonwealth vs. Gayman
9.14.2009
Nancy L. Butts
Criminal:
Motion for habeas corpus, for suppression and to dismiss; attempted murder case; photo array identification; prima facie case; lack of positive identification; search of cell phone on person of arrestee; suggestiveness of photo array; cognate offenses added to information after dismissal
(Gayman091409bt)
(Posted: September 14th 2009)
Civil:
Preliminary objections; bad faith; specificity of facts to support unfair trade practices claim; need to plead fraud; catch-all provision of unfair trade practices statute
(troxler082109g)
(Posted: September 10th 2009)
Commonwealth vs. Reiman
9.4.2009
Nancy L. Butts
Criminal:
Non-jury trial; solicitation to commit aggravated assault and drug offenses; soliciting person to lace former husband's coffee with cocaine
(Reiman090409bt)
(Posted: September 9th 2009)
Civil:
Motion to compel witness doctor to testify about whether his consultation report was incorrect based on later obtained information; matter for expert opinion and not fact evidence
(caldwell090409a)
(Posted: September 8th 2009)
Clark vs Agnoni
8.31.2009
Dudley N. Anderson
Civil:
Motion for summary judgment; statute of limitations; expired writ; service after statute ran; actual notice of the filing of the writ; intent to stall process
(clark083109a)
(Posted: September 4th 2009)
Commonwealth vs. Jennings
8.3.2009
Kenneth D. Brown
Criminal:
Appeal; sufficiency of the evidence of theft; claim of excessive sentence
(Jennings080309br)
(Posted: August 31st 2009)
Civil:
Appeal
(Loyalsock080309br)
(Posted: August 31st 2009)
Pa.DOT vs. Stover
8.27.2009
Kenneth D. Brown
Civil:
License suspension appeal; refusal to consent to testing; request to reread the warning; refusal to clarify which part of the warning was not understood
(stover082709br)
(Posted: August 31st 2009)
RHS vs. HCS
8.26.2009
William S. Kieser
Divorce:
Motion for reconsideration; allowing withdrawal of affidavit of consent; possible reconciliation
(RHS082609k)
(Posted: August 31st 2009)
Commonwealth vs. Lee
8.28.2009
Kenneth D. Brown
Criminal:
Post conviction relief act petition; timeliness; waiver by earlier withdrawal
(Lee083109br)
(Posted: August 31st 2009)
Commonwealth vs. Smith
8.31.2009
Kenneth D. Brown
Criminal:
Defendant's post conviction relief act petition; timeliness
(Smith083109br)
(Posted: August 31st 2009)
Commonwealth vs. Huff
8.24.2009
Dudley N. Anderson
Criminal:
Appeal; DUI case; officer narrates video during trial in violation of court instructions; lack of prejudice
(huff082409a)
(Posted: August 26th 2009)
Commonwealth vs. Williams
7.14.2009
Nancy L. Butts
Criminal:
Appeal; failure to file rule 1925 statement; remand
(Williams071409bt)
(Posted: August 4th 2009)
Commonwealth vs. Peterson
7.30.2009
Dudley N. Anderson
Criminal:
Post sentence motions; drug case; motion for mistrial; prejudice affecting the outcome of the trial; comment about defendant's incarceration; motion for acquittal; chain of custody of drugs; excessive sentence
(peterson073009a)
(Posted: August 3rd 2009)
RHS vs. HCS
7.15.2009
William S. Kieser
Divorce:
Divorce case; motion to allow withdrawal of affidavit of consent; equitable authority of the court; change of mind; lack of understanding of economic consequences as a factor; desire for reconciliation; lack of detriment to other party; enforceability of agreement to enter indignities divorce; public policy against collusion
(Stoner071509k)
(Posted: July 31st 2009)
Civil:
Motion for summary judgment; easement issue; express grant; prescriptive rights; factual issues
(carson071609g)
(Posted: July 30th 2009)
Commonwealth vs. Cassidy
7.6.2009
Nancy L. Butts
Criminal:
Appeal; sufficiency of the evidence; reasonableness of aggregate sentence
(Cassidy070609bt)
(Posted: July 20th 2009)
Criminal:
Omnibus pretrial motion; murder case; interrogation; writ of habeas corpus; prima facie case; conspiracy involving incarcerated defendant; written waiver of Miranda rights; claim of coercion; need for warrant to obtain records of prisoner calls; inherently unreliable evidence; suggestive identification of defendant
(Patterson071609bt)
(Posted: July 20th 2009)
Commonwealth vs. Neal
7.1.2009
Nancy L. Butts
Criminal:
Post sentence motion; sufficiency and weight of the evidence; drug case; vehicle search; evidence of intent to deliver
(Neal070109bt)
(Posted: July 14th 2009)
Commonwealth vs. Merrill
7.14.2009
Nancy L. Butts
Criminal:
Petition for relief under the post conviction relief act; ineffective assistance of counsel; reinstatement of appellate rights nunc pro tunc
(Merrill071409bt)
(Posted: July 14th 2009)
Commonwealth vs. Kress
7.14.2009
Nancy L. Butts
Criminal:
Appeal; evidence the defendant is a sexually violent predator
(Kress071409bt)
(Posted: July 14th 2009)
Commonwealth vs. Sander
7.14.2009
Nancy L. Butts
Criminal:
Appeal; excessive sentence; voluntariness of the guilty plea; guilty plea colloquy
(Sander071409bt)
(Posted: July 14th 2009)
Adoption:
Appeal; termination of parental rights; failure to provide care for children; medical problems of parent; sexual offender; incarceration
(KJTJTJLB060909k)
(Posted: July 6th 2009)
Administrative Appeal:
Appeal
(walker062909a)
(Posted: June 30th 2009)
Hart vs Wilton
6.29.2009
Dudley N. Anderson
Civil:
Preliminary objections; implied deed requirement to join homeowner's association; applicability of constitutional right of association; awardability of costs_x000d_
(hart062909a)
(Posted: June 30th 2009)
Commonwealth vs. Molino
6.1.2009
Kenneth D. Brown
Criminal:
Appeal; sentencing issue; court discretion; multiple offenses involving burglary and theft; concurrent terms
(Molino060109br)
(Posted: June 29th 2009)
Commonwealth vs. Manley
6.1.2009
Kenneth D. Brown
Criminal:
Petition for writ of habeas corpus; sufficiency of the evidence in assault case
(Manley060109br)
(Posted: June 29th 2009)
Commonwealth vs. Hoyt
6.1.2009
Kenneth D. Brown
Criminal:
Post sentence motion; forgery cases; continuance issue; delay tactic; failure of prosecution to provide criminal records of witnesses; hearsay evidence; sufficiency of the evidence; sentencing consecutive terms; individual criminal acts
(Hoyt060109br)
(Posted: June 29th 2009)
Commonwealth vs. Wilson
6.4.2009
Kenneth D. Brown
Criminal:
Petition to strike Megan's Law requirement; lack of predicate offense; timeliness of request
(Wilson060409br)
(Posted: June 29th 2009)
Commonwealth vs. McCoy
6.8.2009
Kenneth D. Brown
Criminal:
Post sentence motion; sufficiency and weight of the evidence; theft; failure to return a vehicle to a dealer; intent; credibility issues; excessive sentence
(McCoy060809br)
(Posted: June 29th 2009)
Commonwealth vs. Brown
6.15.2009
Kenneth D. Brown
Criminal:
Post sentence motion; sufficiency and weight of the evidence; criminal trespass
(Brown061509br)
(Posted: June 29th 2009)
Commonwealth vs.Baney
6.20.2009
Nancy L. Butts
Criminal:
Appeal; motion for expungement; failure to comply with the requirements of the expungement statute; not free of arrest of prosecution for five years
(Baney062209bt)
(Posted: June 27th 2009)
Civil:
Appeal; opinion on remand; termination of employee for drug use; arbitrability of just cause requirement; decision rationally derived from the collective bargaining agreement; public policy violation; use of drugs after work hours
(Loyalsock061909br)
(Posted: June 20th 2009)
Commonwealth vs. Andrews
6.18.2009
Nancy L. Butts
Criminal:
Appeal; sentencing issue; discretion of the court; consideration of mitigating factors; gun enhancement
(Andrews061809bt)
(Posted: June 19th 2009)
Commonwealth vs. Hill
4.15.2009
William S. Kieser
Criminal:
Appeal; conviction of driving while suspended for testing refusal; proper notice; presumption of mailing; evidence of periodic destruction of mailbox
(Hill041809k)
(Posted: June 9th 2009)
Commonwealth vs. Pinkett
5.20.2009
William S. Kieser
Criminal:
Appeal; summary conviction; sufficiency of the evidence; failure to produce video; credibility of the officer's testimony; failure to stop at a stop sign; weight of evidence
(Pinkett052009k)
(Posted: June 9th 2009)
Commonwealth vs. Waldman
5.21.2009
William S. Kieser
Criminal:
Appeal; DUI; sufficiency of the evidence that defendant drove the vehicle
(waldman052109k)
(Posted: June 9th 2009)
Commonwealth vs. Dincher
6.2.2009
Dudley N. Anderson
Criminal:
Supplemental opinion on appeal; reasonable suspicion to make vehicle stop; credibility of the trooper's testimony
(dincher060209a)
(Posted: June 5th 2009)