Commonwealth vs. Ceasear
9.21.2021
Nancy L. Butts
Criminal:
Suppression motion; protective sweep of residence to check for hidden persons; search of jacket requested by home resident; search incident to a lawful arrest; plain view exception; probable cause for search warrant
(Ceasear092121bt)
(Posted: September 26th 2021)
Lycoming County vs. Bohlin
9.23.2021
Eric R. Linhardt
Administrative Appeal:
Appeal from decision of Office of Open Records; scope of review; use of right to know law to obtain otherwise public documents in a particular format; disclosure of proprietary software and data schema that is protected by licensing agreement; duty of agency to create a record in format in which it does not exist to meet right to know request; duty to respond to request for database where all requested records are publicly available in agency's office and online, at no cost
(bohlin092321L)
(Posted: September 23rd 2021)
Civil:
Preliminary objections; punitive damage claim against employer of driver where employer is alleged to have known of its driver's past driving record, that he was intoxicated on
day of the incident and allowed him to drive anyway; vicarious liability for reckless conduct of an employee without proof that employer's conduct satisfies standard for punitive damages
(James092021t)
(Posted: September 23rd 2021)
Commonwealth vs. Bradshaw
9.21.2021
Marc F. Lovecchio
Criminal:
Appeal; excessive sentence claim; relevant sentencing factors; appropriateness of consecutive sentences for defendant with extensive record, who showed no inclination to change and who failed all rehabilitation efforts; discretion of court
(Bradshaw092121L)
(Posted: September 22nd 2021)
Civil:
Preliminary objections; specificity of complaint; assignment of rights to recover credit card account balance; link between attached document and defendant's account
(Portfolio091721t)
(Posted: September 21st 2021)
IDK Adoption
9.17.2021
Ryan M. Tira
Adoption:
Petition for involuntary termination of parental rights; incarcerated parent; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(IDK091721t)
(Posted: September 20th 2021)
Criminal:
Suppression motion; probable cause for warrantless search of vehicle; inventory search; inevitable discovery of evidence; abandonment of vehicle when fleeing police; probable cause for search warrant of hotel room; review of four corners of affidavit
(Alwan-Johnson090921bt)
(Posted: September 20th 2021)
D'Hue Estate
9.15.2021
Eric R. Linhardt
Wills and Estates:
Non-jury trial; appeal from probate; testamentary capacity; presumption of sound mind; clear, strong, and compelling evidence necessary to prove challenge; validity of guided hand signature; credibility of witnesses; factors to establish prima facie case for undue influence; proof of confidential relationship
(dhue091521L)
(Posted: September 20th 2021)
Civil:
Motion in limine; admissibility of evidence of the negligence of plaintiff's employer; consideration the conduct of non-parties against whom damages cannot be apportioned; duty owed by property owner to employees of independent contractor; peculiar risk; risk created solely by the contractor's collateral negligence; evidence of employer's negligence where evidence is relevant to third party's defenses; interpretation of contractual indemnity clause
(Heivly091721Li)
(Posted: September 20th 2021)
Commonwealth vs. Thompson
9.20.2021
Marc F. Lovecchio
Criminal:
Motion to suppress identification evidence; unreliable and unduly suggestive court identification; clear and convincing evidence; need to establish improper police conduct to suppress identification; weight and credibility of evidence for determination by jury; motion in limine to preclude interview questions referencing previous criminal conduct; prejudicial impact of evidence; motion to admit expert identification testimony where case is dependent upon eyewitness testimony
(Thompson092021L)
(Posted: September 20th 2021)
Commonwealth vs. Logan
9.17.2021
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; factually incorrect petition of counsel to withdraw; obligations of counsel; thorough review of record for issues justifying pursuit of post-conviction collateral relief by counsel
(logan091721)
(Posted: September 18th 2021)
Civil:
Preliminary objections; breach of insurance contract claim; specificity of damage allegations in complaint; propriety of attaching to complaint estimate of costs associated with damage claim
(Good091621t)
(Posted: September 18th 2021)
Commonwealth vs. Hill
9.15.2021
Ryan M. Tira
Criminal:
Motion to dismiss under rule 600; suspension of rules due to COVID-19 judicial emergency; continuances requested by defendant
(Hill091521t)
(Posted: September 18th 2021)
Commonwealth vs. Page
9.14.2021
Nancy L. Butts
Criminal:
Motion to admit out-of-court or hearsay statements of child victim under Tender Years Hearsay Act; relevant evidence, that provides sufficient indicia of reliability; consideration of spontaneity of statements, consistency in repetition, mental state of declarant, use of terms unexpected in child, lack of motive to fabricate
(Page091421bt)
(Posted: September 16th 2021)
Commonwealth vs. Daubert
9.10.2021
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court;
(Daubert091021bt)
(Posted: September 16th 2021)
Commonwealth vs. Sanders
9.16.2021
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; effectiveness of counsel; arguable merit of claim; challenge to validity of warrant based on false statements and omissions in affidavit; expectation of privacy; presumed prejudice for failure to file appeal
(Sanders091621L)
(Posted: September 16th 2021)
Commonwealth vs. Simmonds
9.14.2021
Marc F. Lovecchio
Criminal:
Habeas corpus petition; sufficiency of evidence of actual or
constructive possession of controlled substances; totality of circumstances; intent element of the possession with intent to deliver charge inferred from an examination of surrounding facts and circumstances; suppression motion; probable cause to stop vehicle observed violating vehicle code; probable cause for issuance of search warrant supported by uncorroborated hearsay of unidentified informant, corroborated by subsequent observations and investigations; discovery request of identity of confidential informant; qualified privilege not to disclose identity;
(Simmonds091421L)
(Posted: September 14th 2021)
Commonwealth vs. Cagle
9.10.2021
Ryan M. Tira
Criminal:
Bail modification petition; prohibiting attendance of adult high school student at school, where the student is accused of crimes which involve violence and deadly weapons; availability of alternative in-person schooling; school safety considerations
(Cagle091021t)
(Posted: September 13th 2021)
Criminal:
Bail modification petition; prohibiting attendance of adult high school student at school, where the student is accused of crimes which involve violence and deadly weapons; availability of alternative in-person schooling; school safety considerations
(Crawford091021t)
(Posted: September 13th 2021)
Kline vs. Hauser
9.9.2021
Ryan M. Tira
Civil:
Emergency petition for preliminary injunction; proof of immediate and irreparable harm; likelihood to succeed on the merits; elements of adverse possession or easement by necessity claims; mere matter of convenience
(Kline090921t)
(Posted: September 9th 2021)
Hedges vs PaDOT
9.3.2021
Ryan M. Tira
Civil:
Petition for emergency injunction; plaintiff's burden of proof; likelihood to prevail on the merits; evidence that right-of-way has been exceeded by road construction plans
(Hedges090821t)
(Posted: September 9th 2021)
Commonwealth vs. Hill
9.3.2021
Nancy L. Butts
Criminal:
Habeas corpus motion; sufficiency of evidence of firearm or drug possession; constructive possession of items in bedroom; prima facie case; suppression motion; probable cause for search warrant; totality of facts alleged in application
(Hill090321bt)
(Posted: September 9th 2021)
Commonwealth vs. Bower
8.31.2021
Marc F. Lovecchio
Criminal:
Habeas corpus petition; sufficiency of evidence of aggravated assault by vehicle; satisfaction of serious bodily injury element where foot fractures occurred and surgery was required; suppression motion; custodial interrogation without Miranda warnings; totality of circumstances; propriety of police conduct prior to issuance of warrant for blood; entitlement to information about right to refuse blood draw when blood is drawn for medical reasons
(bower083121L)
(Posted: September 8th 2021)
Commonwealth vs. White
8.16.2021
Nancy L. Butts
Criminal:
habeas corpus petition; prima facie case of possession with the intent to manufacture or deliver, a controlled substance; testimony of confidential informant
(White081621bt)
(Posted: September 2nd 2021)
Logue Estate
8.26.2021
Joy Reynolds McCoy
Wills and Estates:
Motion for protective order; objection to attempts to schedule deposition of objector; potential delay of scheduled hearings; duty of court to ensure that matter proceeds without unnecessary delay and that estate is preserved for the beneficiary
(Logue082621m)
(Posted: August 26th 2021)
Civil:
Contempt motion; nature of contempt request where relief requested is "an appropriate fine and sentence"; viability of contempt motion where underlying suit has been dismissed; showing of intent; mere non-compliance
(lycoming081621leete)
(Posted: August 20th 2021)
Criminal:
Suppression motion; coordinate jurisdiction rule
(NSC081721t)
(Posted: August 18th 2021)
Commonwealth vs. Thomas
8.10.2021
Nancy L. Butts
Criminal:
Suppression motion; odor of marijuana as sufficient to support issuance of search warrant of vehicle where no medical marijuana card produced by defendant; relevant "other circumstances"
(Thomas081021bt)
(Posted: August 18th 2021)
Civil:
Petition for special and preliminary injunction relating to participation in Little League World Series; disqualification due to positive COVID-19 test of coach; limitations on judicial interference into decision of private athletic association; prima facie showing of a fraudulent action, an invasion of property or pecuniary rights, or capricious or arbitrary discrimination; application of six essential prerequisites for preliminary injunction; rational basis for compliance with CDC and Pennsylvania Department of Health guidance, even if harsh result occurs; arbitrary and
capricious implementation of mitigation plan; ability of the court to restore the teams to their status as it existed immediately prior to the alleged wrongful conduct; clear right to relief
(Needville081721Li)
(Posted: August 17th 2021)
Civil:
Motion in limine to prevent defendant doctor's testimony as an expert on the applicable standard of care; applicability of rule 4003.5 when defendant himself is an expert; failure to question doctor on standard of care in deposition, due to anticipated objections; relevance of testimony of known risks and complications to establish applicable standard of care.
(Brewer080621LI)
(Posted: August 16th 2021)
Civil:
Preliminary objections; specificity of allegations of vicarious liability of doctor for conduct of others in his office; Conner objections to general, vague and boilerplate allegations of negligence; amendment of complaint
(Scipp072321Li)
(Posted: August 16th 2021)
Commonwealth vs. Long
8.5.2021
Nancy L. Butts
Criminal:
Suppression motion; probable cause for search warrant for blood where defendant was seen to be under the influence less that 48 hours before her child died under suspicious circumstances, and defendant was a known drug user; probable cause for search of phone where versions of witnesses of events before child's death differ and phone will help law enforcement investigate what actually took place; waiver of Miranda rights during interview where officer unequivocally informs defendant of her rights
(Long080521bt)
(Posted: August 16th 2021)
Commonwealth vs. DeParisis
8.4.2021
Marc F. Lovecchio
Criminal:
Habeas corpus petition; prima facie case of possession of drugs where defendant is observed placing something in shelving in a store and police later found drugs in the shelving
(deparasis080421L)
(Posted: August 4th 2021)
Commonwealth vs. Maddox
8.3.2021
Marc F. Lovecchio
Criminal:
Habeas corpus petition; sufficiency of evidence to establish prima facie case of terroristic threats where defendant passes note to bank teller demanding money in threatening manner; establishing attempted robbery or theft; substantial step
(maddoxx080421L)
(Posted: August 3rd 2021)
Criminal:
Post-sentence motion; correction of illegal sentence; sentencing discretion; evidence allowing for increased sentence
(Washington072321bt)
(Posted: July 31st 2021)
JS Adoption
7.29.2021
Joy Reynolds McCoy
Adoption:
Appeal
(AdoptionofJS72921m)
(Posted: July 31st 2021)
Benson Estate
7.23.2021
Eric R. Linhardt
Wills and Estates:
Motions to compel depositions; eleventh-hour discovery motion that will delay trial, resulting from tactical decision of counsel; due diligence
(benson072321L2)
(Posted: July 24th 2021)
Benson Estate
7.23.2021
Eric R. Linhardt
Wills and Estates:
Motions for summary judgment and motions in limine; inter vivos transfer of assets; prima facie proof of donative intent and independent evidence of delivery; incompetent testimony under Dead Man's Act; voidable gift; competency of spouse to testify; evidence of a proprietary or pecuniary interest; incompetent witness's competency to testify in support of adverse claimant; weight of testimony; cross examination of witness as waiver of Dead Man's Act; issues of material fact; presumption of insolvency; waiver of disqualification of an adverse party by responding to interrogatories; use of hearsay statements in police report to support motion; Nanty-Glo rule; unopposed motion for summary judgment; release of claims to render witness competent to testify
(benson072321L)
(Posted: July 24th 2021)
Commonwealth vs. Williams
7.16.2021
Nancy L. Butts
Criminal:
Suppression motion; probable cause for warrantless vehicle search; observations of and smell of marijuana; display of medical marijuana card; improper storage of medical marijuana; coercively obtained consent for vehicle search
(Williams07162021bt)
(Posted: July 23rd 2021)
Civil:
Non-jury trial; replevin; abandoned vehicles; statutory process; required notice; use of address registered with PA Department of Transportation
(Nothstein071921t)
(Posted: July 23rd 2021)
Commonwealth vs. Shadd
7.8.2021
Marc F. Lovecchio
Criminal:
Suppression motion; withdrawal
(Shadd070821L)
(Posted: July 22nd 2021)
Commonwealth vs. Heck
7.12.2021
Marc F. Lovecchio
Criminal:
Suppression motion; interactions constituting interrogation; right to an attorney; spontaneously made statements; recording statements made by defendant while alone, in custody; applicability of wiretap law; reasonable expectation of privacy; Miranda violations; voluntariness of statement initiated by defendant; use of suppressed statements to impeach defendant's credibility; probable cause for search warrant of hotel room; particularity requirement; Independent Source Doctrine for admitting evidence tainted by illegal police conduct; willful misconduct
(Heck071221L)
(Posted: July 22nd 2021)
McDermott vs. Finck
7.13.2021
Eric R. Linhardt
Civil:
Preliminary objections; liability of tenant for damage to leased property where landlord is insured for loss; contract interpretation; reasonable expectations of the parties; contractual liability of tenant for losses caused by tenant's negligence
(McDermott071321Li)
(Posted: July 22nd 2021)
Criminal:
Habeas corpus petition; sufficiency of evidence of discharge of firearm into an occupied structure where defendant used a crossbow; sufficiency of testimony of terroristic threats where some but not all witnesses testified
(Hagemeyer071321bt)
(Posted: July 21st 2021)
Commonwealth vs. Etumnu
7.15.2021
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence of possession with intent to deliver drugs; mere presence in a location where drugs are seized; suppression motion; adequacy of affidavit of probable cause; probable cause demonstrated from four corners of affidavit
(Etumnu071521bt)
(Posted: July 21st 2021)
Commonwealth vs. Walker
7.15.2021
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie evidence of endangering welfare of children; leaving mixture of heroin and Gatorade in house where child could access it
(Walker071521bt)
(Posted: July 21st 2021)
MLS Adoption
7.15.2021
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; proper service; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; obstacles to exercising his parental rights; no existing bond
(AdoptionofMLS071521m)
(Posted: July 21st 2021)
OS Adoption
7.16.2021
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; consent to termination; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(AdoptionofOS071621m)
(Posted: July 21st 2021)
Civil:
Preliminary injunction petition relating to refusal of county controller to sign payroll or accounts payable checks; demonstration of irreparable injury; speculation as to prospective harm; preliminary objections; propriety of mandamus action upon dereliction of a ministerial duty; use of mandamus to compel a series of ongoing acts unrelated to specific transactions and unbounded in duration; injunction request where adequate remedy at law exists
(commissioners072021leete)
(Posted: July 21st 2021)
Commonwealth vs. Bean
7.16.2021
Marc F. Lovecchio
Criminal:
Post-conviction relief act petition; applicability of Supreme Court opinion dealing with use of tracking device without a warrant to use by the government of CSLI from a wireless service provider; ineffectiveness of counsel for failing to predict changes in the law; inevitable discovery; prejudice in light of other overwhelming evidence; issuance of a court order under wiretap act as satisfying Fourth
Amendment warrant requirements; waiver of issue not raised in previous proceedings
(Bean071621L)
(Posted: July 19th 2021)
Civil:
Motion to strike jury demand; effect of late filed reply to new matter on timeliness of jury trail demand in the reply; authority of court under rule 1007 to allow an untimely jury demand; lack of prejudice as a factor; preliminary objections; specificity of facts to support affirmative defenses
(Salvatore071621L)
(Posted: July 19th 2021)
Commonwealth vs. Smith
7.12.2021
Nancy L. Butts
Criminal:
Habeas corpus motion; sufficiency of evidence of delivery of drugs; adequacy of identification of defendant on phone call initiating a drug transaction where defendant shows up to deliver drugs to confidential informant
(Smith071221bt)
(Posted: July 19th 2021)
Miller vs. Todd Bartley, individually and as agent of Colonial Radio Group of Williamsport, LLC d/b/a Fox Sports, Williamsport, Fox Sports Radio, Premiere Networks, Inc., Fox Broadcasting Company, LLC, Fox Corporation and Iheartmedia, Inc.; Colonial Radio Group of Williamsport, LLC d/b/a Fox Sports Williamsport; Fox Sports Radio; Premiere Networks, Inc.; Fox Broadcasting Co., LLC.; Fox Corporation and Iheartmedia, Inc.
7.13.2021
Eric R. Linhardt
Civil:
Motion to compel; scope of permissible discovery in a defamation case; request for complete cell phone records; invasion of privacy; good faith effort to provide relevant electronic communications; refusal to provide private medical information without execution of confidentiality agreement; reasonableness of contention interrogatories where details already pled in complaint; sufficiency of interrogatory responses
(Miller071321Li)
(Posted: July 19th 2021)
Commonwealth vs. Maddox
7.13.2021
Marc F. Lovecchio
Criminal:
Habeas corpus petition; sufficiency of evidence to establish prima facie case of terroristic threats; necessity of a direct threat or brandishing of a weapon; handwritten note demanding money from a bank as sufficient evidence of attempt to commit robbery or theft
(Maddox071321L)
(Posted: July 14th 2021)
Criminal:
Suppression motion; claim that search warrant was stale, overbroad, insufficiently particularized, and failed to establish probable cause; reliability of confidential informants; totality of circumstances; standing to challenge admissibility of evidence; privacy interest; social guest's legitimate expectation of privacy
(MILLS-DELARGE071321L)
(Posted: July 14th 2021)
Commonwealth vs. Bennett
7.13.2021
Marc F. Lovecchio
Criminal:
Motion for bill of particulars and for pretrial discovery and inspection; reasonable basis for request; fishing expedition respecting previous arrests, issues or cases involving African Americans; collateral information
(bennett071321L)
(Posted: July 14th 2021)
Criminal:
Habeas corpus motion; sufficiency of evidence where victim of burglary, assault and threats of violence refuses to testify; hearsay testimony of police officer; evidence of violence and forced entry to house; ability to challenge sufficiency of evidence where defendant waives preliminary hearing;
(Singleton070621bt)
(Posted: July 10th 2021)
JS Adoption
7.6.2021
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; dependent child; failure to perform parental duties; repeated incapacity and/or refusal to act resulting in the child being without essential parental care; failure to make significant progress in addressing the incapacities which caused child to be removed; needs and welfare of child; existence of some bond with parent
(AdoptionofJS070621m)
(Posted: July 7th 2021)
Commonwealth vs. Gadson
6.29.2021
Nancy L. Butts
Criminal:
Suppression motion; search of residence incident to arrest; evidence in plain view when police accompanied arrestee to his bedroom to secure a shirt; sufficiency of information in affidavit of probable cause to support search warrant
(Gadson062921bt.pdf)
(Posted: July 6th 2021)
Commonwealth vs. Carr
7.1.2021
Ryan M. Tira
Criminal:
Post-sentence motion; suppression issue decided by another judge; coordinate jurisdiction rule; intervening change in controlling law; warrantless search of an automobile; consent to search as exception to requirements of probable cause and exigent circumstances for warrantless search
(Carr070121t)
(Posted: July 6th 2021)
CL Adoption
7.30.2021
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; proper service; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(AdoptionofCL063021m)
(Posted: July 1st 2021)
Commonwealth vs. Barasky
6.25.2021
Nancy L. Butts
Criminal:
Suppression motion; probable cause for arrest; corroboration to substantiate confidential informant's reliability; probable cause to support vehicle stop based on confidential informant's tip; search of cell phone by way of calling it to cause it to power up; fruit of the poisonous tree; habeas corpus motion; prima facie evidence of criminal use of a communication facility; sufficiency of evidence to prove defendant took a substantial step
(Barasky062521bt)
(Posted: June 30th 2021)
Commonwealth vs. Martin
6.25.2021
Nancy L. Butts
Criminal:
Suppression motion; incorrect time stamp on digital video and photographs; weight of evidence; motion in limine; authenticity of video determined based on testimony; habeas corpus petition; priima facie case
(Martin062521bt)
(Posted: June 30th 2021)
Civil:
Appeal; finality of order on preliminary objections, refusing to enforce arbitration clause of contract; order appealable by right; failure to request permission to take appeal
(Zentner062521t)
(Posted: June 29th 2021)
Eck vs Eck and Cox
6.21.2021
Ryan M. Tira
Custody:
Petition to intervene in custody case; standing of paternal aunt; substantial and sincere interest in welfare of the child; meeting applicable statutory standards
(Eck062121t)
(Posted: June 29th 2021)
Criminal:
Suppression motion; authority of juvenile judge to overrule decision in criminal court involving same circumstances; coordinate jurisdiction rule; ruling pending but not yet issued; full and fair opportunity to present evidence at hearing
(SC060921m)
(Posted: June 29th 2021)
CL Adoption
6.23.2021
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; consent to termination; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(AdoptionofCL062321m)
(Posted: June 28th 2021)
Criminal:
Suppression motion; reasonable suspicion for vehicle stop; vehicle code violation; failure to use headlights
(Stevenson061421bt)
(Posted: June 24th 2021)
Commonwealth vs. Askey
6.22.2021
Marc F. Lovecchio
Criminal:
Motion to be removed from SORNA; applicability of Supreme Court Muniz decision; violation of ex post facto clauses of the Pennsylvania and United States Constitutions; presumption of validity of statute; evidentiary support to refute presumption of recidivism
(Askey062221L)
(Posted: June 22nd 2021)
Commonwealth vs. Friend
6.9.2021
Nancy L. Butts
Criminal:
Motion for Frye hearing relating to a board certified child abuse pediatrics physician; generally accepted methodology
(Friend060921b)
(Posted: June 20th 2021)
Commonwealth vs. DeGarmo
6.9.2021
Nancy L. Butts
Criminal:
Appeal; sentencing discretion; revocation of probation based on new conviction; waiver of sentencing issue not raised in post-sentence motion or by presenting claim to court during sentencing proceedings
(Degarmo060921bt)
(Posted: June 19th 2021)
Farley vs. Dorsey-Hurtt
6.14.2021
Ryan M. Tira
Divorce:
Petition for annulment; void marriage where one party is already married; voidable marriage here one party was induced to enter into marriage due to fraud; where one party is already married and was induced to enter into a second marriage due to misrepresentations, the marriage is both void and voidable
(Farley061421t.pdf)
(Posted: June 19th 2021)
Commonwealth vs. Rush
6.4.2021
Ryan M. Tira
Criminal:
Bench trial; unavailability of confidential informant to testify; name of informant first disclosed during trial; request for continuance of trial so witness may be procured
(Rush060421t)
(Posted: June 11th 2021)
Commonwealth vs. Scott
6.1.2021
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence of attempted rape; specific intent; actions and words demonstrating intent; slapping a woman as evidence of a substantial step toward commission of rape; clothing removal as a necessary element of attempted rape
(Scott060121bt.pdf)
(Posted: June 7th 2021)
Civil:
Motion in limine; admissibility of background information about physicians designed only to humanize the physician and to engender sympathy; background testimony relevant to witness's competency and credibility; objectionability of witness humanizing; evidence of heroic efforts of health care workers during COVID-19 pandemic, allowability of comments by counsel that they are "proud" or "honored" to represent their respective clients; relevance of testimony about a physician's exercise of judgment; relevance of plaintiff's child endangerment conviction
(Schnaufer052721Li)
(Posted: June 7th 2021)
Criminal:
Motion in limine; admission of evidence of a crime, wrong,
or other act; common scheme, plan or design; balancing test; potential for unfair prejudice; admissibility of text messages detailing past sex with another minor
(Harris060221t)
(Posted: June 3rd 2021)
Custody:
Petition to intervene in custody matter; parties standing in loco parentis to the child
(Force052521t)
(Posted: June 1st 2021)
Civil:
Preliminary objections; Uniform Fraudulent Transfer Act claim relating to existing equitable rights; recovery of monetary damages; applicability of statute of frauds; affirmative defense raised in preliminary objection; enforceability of oral contracts relating to land that in fact were made; promissory estoppel and unjust enrichment claims not based on the existence of a contract; measure of damages in an unjust enrichment action; cost of improvements as evidence of value of the benefit conferred; jury trial in equity case
(Harris052521t)
(Posted: June 1st 2021)
Commonwealth vs. Jones
5.25.2021
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence of theft by receiving stolen property; mere possession of stolen property
(Jones052521bt)
(Posted: May 29th 2021)
Forsyth vs. Holobinko
5.19.2021
Ryan M. Tira
Custody:
Discovery motion to compel production of mother's employment and medical records; consideration of complexity of case; relevance; court's obligation to consider the use of medical marijuana in custody determination
(forsyth051921t)
(Posted: May 28th 2021)
Commonwealth vs. Strickland
5.25.2021
Marc F. Lovecchio
Criminal:
Post-conviction relief act petition; ineffective counsel claim; voluntary intoxication as defense to assault crimes
(Strickland052521L)
(Posted: May 27th 2021)
Commonwealth vs. Heck
5.25.2021
Marc F. Lovecchio
Criminal:
Motion in limine; relevance in murder case that defendant was attempting to "cheat on" his wife, the victim; relevance of evidence; evidence of prior bad acts; evidence is relevant to the defendant's motives; prejudice outweighing probative value; impact or weight of testimony
(Heck052521L)
(Posted: May 25th 2021)
Commonwealth vs. Smith
5.13.2021
Nancy L. Butts
Criminal:
Suppression motion; probable cause to search vehicle; odor of marijuana; claimed exigent circumstances to search backpack; substantiation of claim that there was emergency requiring a search for officer safety, to prevent further crime or the destruction of evidence; voluntariness of consent to search; sufficiency of affidavit of probable cause for search warrant founded on the basis of illegally obtained evidence
(Smith051321bt)
(Posted: May 24th 2021)
Commonwealth vs. Chestnut
5.17.2021
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; claimed ineffective counsel for failing to call additional character witnesses at trial; determination of reasonable basis for trial counsel decision not to call witnesses, where attorney does not testify; admissibility of witness's opinion as to the character or character trait of a person; proof of prejudice
(chestnut051721L)
(Posted: May 24th 2021)
Commonwealth vs. Best
5.11.2021
Marc F. Lovecchio
Criminal:
Appeal; waiver of issues not raised in lower court; binding nature of Supreme Court authority; preserving issue of untimeliness via answer to motion; guilty plea as waiver of suppression issues; jurisdiction of court to grant untimely motion; obligation of court to act without the filing of a motion; ability of LLC to proceed in court without attorney; dismissal of petition filed pro se while defendant represented by counsel
(best051121L)
(Posted: May 24th 2021)
Commonwealth vs. Hairston
5.19.2021
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence; circumstantial evidence; failure of confidential informant to testify at preliminary hearing; hearsay testimony; additional evidence necessary to sustain Commonwealth burden
(Hairston051921bt)
(Posted: May 24th 2021)
Commonwealth vs. Young
5.19.2021
Nancy L. Butts
Criminal:
Suppression motion; probable cause for vehicle stop; violation of vehicle code; probable cause for arrest; totality of circumstances; legality of search incident to arrest; custodial interrogation; warrantless search of vehicle; exigent circumstances; consent to search
(Young051921bt)
(Posted: May 24th 2021)
Civil:
Preliminary objections; valid and enforceable arbitration agreement; contract interpretation; single document contract integration rule for consumer finance contracts
(Zentner051821t)
(Posted: May 19th 2021)
AS Adoption
5.10.2021
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(AdoptionofAS051021m)
(Posted: May 11th 2021)
OS Adoption
5.10.2021
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; consent to termination; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; intentional choice to prioritize other things in life over care of children; no existing bond
(AdoptionofOS051021m)
(Posted: May 11th 2021)
HS Adoption
5.10.2021
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; intentional choice to prioritize other things in life over care o children; no existing bond
(AdoptionofHS051021m)
(Posted: May 11th 2021)
Kremser vs. Lindauer
4.30.2021
Ryan M. Tira
Civil:
Preliminary objections to new matter; fact pleading; all-encompassing averment incorporating entire body of Pennsylvania Motor Vehicle Financial Responsibility Law; reservation of right to raise additional affirmative defenses; specificity; fairness
(Kremser043021t)
(Posted: May 11th 2021)
Custody:
Standing of grandparent to participate in custody matter; changed circumstances; dismissal of grandparent from action upon agreement of parents
(Casale050621t)
(Posted: May 11th 2021)
Commonwealth vs. Rinker
5.7.2021
Nancy L. Butts
Criminal:
Motion to dismiss habeas corpus petition; waiver of preliminary hearing
(Rinker050721bt)
(Posted: May 11th 2021)
Commonwealth vs. Delong
5.4.2021
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence of delivery of drugs; failure of confidential informant to testify at preliminary hearing; sufficiency of additional evidence from police officers to support use of hearsay evidence; impeachment of informant's testimony at motion hearing related to use of drugs and addiction
(Delong050421bt)
(Posted: May 10th 2021)
Commonwealth vs. White
5.3.2021
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence of possession with intent to deliver; reliance on hearsay at preliminary hearing; some additional extraneous evidence; suppression motion; anticipatory search warrant; probable cause; level of certainty that triggering condition will be met; presumption of validity of affidavit supporting search warrant; sufficiency of affidavit without consideration of false information
(White050321bt)
(Posted: May 8th 2021)
NR Adoption
5.4.2021
Joy Reynolds McCoy
Adoption:
Petition by agency for involuntary termination of parental rights; failure to perform parental duties; incapacity to perform parental duties; lack of contact with the agency; serving the needs and welfare of the children; no existing bond with parents
(AdoptionofNR050421m)
(Posted: May 4th 2021)
Criminal:
Habeas corpus petition; sufficiency of evidence of conspiracy to distribute drugs and possession of a firearm; constructive possession; suppression motion; consent to search; authority of owner of vehicle to consent to search of vehicle, including backpack in trunk; implied consent; reasonable suspicion for vehicle stop; observations of involvement in criminal activity
(Turner042921L)
(Posted: April 29th 2021)
Commonwealth vs. Washington
4.28.2021
Marc F. Lovecchio
Criminal:
Suppression motion; standing of person charged with a possessory offense to suppress evidence; reasonable expectation of privacy; abandonment of gun
(washington042821L)
(Posted: April 28th 2021)
Commonwealth vs. Bond
4.28.2021
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; after-discovered evidence; credibility of prosecuting officer who was subsequently charged with false statements in separate case; admissible evidence; examination of officer on misconduct related to the underlying criminal charges; probative value
(Bond042821L)
(Posted: April 28th 2021)