KFO Adoption
4.24.2020
Joy Reynolds McCoy
Adoption:
Appeal
(KFO042429M)
(Posted: April 24th 2020)
Commonwealth vs. Williams
4.23.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; counsel's failure to request a line-up; guilty plea as waiver of all defects and defenses except those concerning plea validity; factual support for allegations in petition; knowing, intelligent and voluntary guilty plea
(williams042320L)
(Posted: April 23rd 2020)
Commonwealth vs. Williams
4.9.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; waiver of defects and defenses by plea of guilt; arguable merit of claim where the factual averments, if accurate, could establish cause for relief; requirement of factual hearing
(williams040920L)
(Posted: April 9th 2020)
Commonwealth vs. Steadley
4.9.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; waiver of defects and defenses by plea of guilty; knowing, intelligent and
voluntary guilty plea; prejudice
(Steadley040920L)
(Posted: April 9th 2020)
Commonwealth vs. Bean
4.9.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel; failure to request jury charge on lack of a prompt complaint in a rape case; prejudice in case involving unconscious victim; failure to appeal denial of severance; discretion of court; duty of counsel to raise all non-frivolous claims on appeal
(Bean040920L)
(Posted: April 9th 2020)
Commonwealth vs. Coleman
4.7.2020
Marc F. Lovecchio
Criminal:
Post sentence motion; admissibility of confession; corpus delicti; independent evidence to suggest that a crime has
occurred; proof of crime beyond reasonable doubt before statement is admitted; weight of the evidence; verdict shocking to court's sense of justice; sentencing discretion' consideration of sentencing factors
(coleman040720L)
(Posted: April 7th 2020)
Commonwealth vs. Nixon
4.7.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; knowing, intelligent and voluntary guilty plea; written guilty plea colloquy; attempt to change statements previously made under oath; claims supported by facts on record
(Nixon040720L)
(Posted: April 7th 2020)
Commonwealth vs. Bradshaw
4.7.2020
Marc F. Lovecchio
Criminal:
Motion to reconsider sentence; sentencing factors; presumptions related to consideration of pre-sentence investigation; proof that court ignored or misapplied law, exercised its judgment for reasons of partiality, prejudice, bias or ill will, or arrived at a manifestly unreasonable decision
(bradshaw040720L)
(Posted: April 7th 2020)
Commonwealth vs. Hall
3.25.2020
Eric R. Linhardt
Criminal:
Post sentence motion; DUI case; missing witness charge; failure of defendant to call alibi witness who was uniquely available to defendant; defendant's efforts to identify last name of an acquaintance who defendant alleges was driving vehicle involved in accident; alleged cumulative evidence, where only missing witness could corroborate defendant's testimony
(hall032529Li)
(Posted: March 31st 2020)
Civil:
Motion for special service of process; defendant evading service; failure to attach affidavit or verification to motion; circumstances of avoidance of service established by attached sheriff's return
(Bower032720t)
(Posted: March 27th 2020)
Commonwealth vs. Bowery
3.25.2020
Ryan M. Tira
Criminal:
Motion for arrest of judgment or judgment of acquittal; failure of Commonwealth to introduce evidence at trial the item found in defendant's possession was a controlled substance; waiver of issues not raised at trial; necessary elements of of proof; sufficiency of circumstantial evidence
(Bowery032520t)
(Posted: March 27th 2020)
In the interest of DD
3.27.2020
Ryan M. Tira
Criminal, Family:
Appeal; children's fast track appeal; appeal of findings in permanency review concerning abuse by omission; causing, or aware of child's severe injuries and failing to act
(DD032720t3)
(Posted: March 27th 2020)
In the interest of DD
3.27.2020
Ryan M. Tira
Criminal, Family:
Appeal; children's fast track appeal; appeal of findings in permanency review concerning abuse by omission; causing, or aware of child's severe injuries and failing to act
(DD032720t2)
(Posted: March 27th 2020)
In the interest of DD
3.27.2020
Ryan M. Tira
Criminal, Family:
Appeal; children's fast track appeal; appeal of findings in permanency review concerning abuse by omission; causing, or aware of child's severe injuries and failing to act
(DD032720t1)
(Posted: March 27th 2020)
Commonwealth vs. Vinson
3.27.2020
Nancy L. Butts
Criminal:
Second amended petition for post conviction relief; timeliness; jurisdiction
(Vinson032720BT)
(Posted: March 27th 2020)
Civil:
Plaintiff's preliminary objections; demurrer to counterclaim for breach of contract based on a theory of anticipatory repudiation; issues concerning intent of the parties and surrounding circumstances; inconsistent position of a party as to its status in transaction; elements of a civil conspiracy claim; facts or legal authority to support claims for punitive damages or attorney's fees
(Danko032620L)
(Posted: March 26th 2020)
JM1 & JM2 Adoption
3.26.2020
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; non-participation of father due to hospitalization for mental illness; children without proper parental care or control necessary for their physical, mental, or emotional health; lack of compliance with permanency plan; drug, alcohol and mental issues of parents; bonding assessment; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; removal from care of parents by agency; unhealthy and fragmented bond; attachment interruption; importance of children's permanency; best interest of children;
(AdoptionofJMandJM032620m)
(Posted: March 26th 2020)
Commonwealth vs. Irwin
3.25.2020
Nancy L. Butts
Criminal:
Suppression motion; duty to inform suspect of Miranda rights in non-custodial situation; seizure of cell phone in plain sight as a result of suspect volunteering that he had it in his possession; voluntariness of consent to search vehicle
(Irwin032520BT)
(Posted: March 25th 2020)
Commonwealth vs. Ransom
3.25.2020
Marc F. Lovecchio
Criminal:
Suppression motion; scope of consent to search home; objective reasonableness standard; consent of one who possesses common authority over premises or effects
(Ransom032620L)
(Posted: March 25th 2020)
Commonwealth vs. Andrews
3.25.2020
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court; credibility of claim of unawareness of right to make claim; retroactive application of finding of unconstitutionality of statute
()
(Posted: March 25th 2020)
Civil:
Motion to strike responses to requests for admissions and to deem them admitted; duty to provide documents already in the possession of the party; requests calling for conclusions of law; allowability of requests focusing on facts surrounding a document; propriety of choosing to use admissions rather than a deposition; exercise of good faith in inquiring into the facts and responding to admissions requests; use of common sense reading of request in phrasing response; admission of requests upon overruling of objections; propriety of request for opinion of fact as to belief that agreement conveyed oil and gas interests; verification of discovery response
(International032520t)
(Posted: March 25th 2020)
A.H. Adoption
3.5.2020
Ryan M. Tira
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; non-appearance at hearing; incarceration; no existing bond
(AH030520t)
(Posted: March 24th 2020)
Commonwealth vs. Monroe
3.23.2020
Marc F. Lovecchio
Criminal:
Post Conviction Relief Act petition; timeliness of claim concerning original sentence; proper method to challenge the decisions of the Board or the Department of Corrections calculation of sentences; imposition of backtime simply requires prisoner to serve time remaining on original sentence
(Monroe032320L)
(Posted: March 23rd 2020)
Commonwealth vs. Bonaparte
3.19.2020
Marc F. Lovecchio
Criminal:
Habeas corpus petition; sufficiency of evidence of drug possession; constructive possession in rental vehicle; suppression motion; systematic profiling of vehicles for involvement in drug trafficking; reasonable suspicion or probable cause to stop vehicle; heavily tinted windows
(Bonaparte031920L)
(Posted: March 21st 2020)
Commonwealth vs. Griffith
3.17.2020
Marc F. Lovecchio
Criminal:
Suppression motion; motor vehicle stop; reasonable suspicion; observations of vehicle weaving and crossing center and fog lines
(griffith031720L)
(Posted: March 18th 2020)
Civil:
Motion for partial summary judgment; vicarious liability claim; late production of expert report in response to filing of motion; prejudice; two prior discovery extensions, with no additional extension sought before service of late expert report; attempt to add new theories of liability after expiration of discovery deadline; attempt to renew vicarious claim that was already waived; corporate negligence claim for alleged knowledge of hospital of doctors' incompetency; failure of an emergency room required to have a policy in place for every condition
(Hoover031320t)
(Posted: March 16th 2020)
Civil:
Motion to compel discovery answers; waiver by failing to timely file objections; punishment befitting the crime; lack of prejudice; documents not privileged; relationship of requested documents to plaintiffs' claims
(salvatore031320)
(Posted: March 14th 2020)
Commonwealth vs. Scott
3.11.2020
Marc F. Lovecchio
Civil:
Post conviction relief act petition; timeliness of challenge to sex offender registration requirements; attorney conflict of interest at probation violation hearing; need for new hearing
(Scott031120L)
(Posted: March 12th 2020)
Milhouse vs Rajjoub
3.11.2020
Ryan M. Tira
Civil:
Motion for extension of time to file a certificate of merit; need for medical testimony when there are allegations that the care and treatment of a patient fell below the standard of care; timeliness of motion; showing of good cause; incarcerated plaintiff
(millhouse031120t)
(Posted: March 12th 2020)
Commonwealth vs. Kapp
3.5.2020
Nancy L. Butts
Criminal:
Motion to reconsider suppression order; issue arising during suppression hearing; police officer ordering a blood draw without consent, before a warrant was obtained; no showing of an independent medical purpose for blood draw
(Kapp030520BT)
(Posted: March 7th 2020)
Civil:
Preliminary objections; action to collect unpaid wages; attempt to assert affirmative defense as preliminary objection; dates that fall outside the three-year statute of limitations as bar to entire claim; claimed lack of notice; refusal of certified letter by defendant; timeliness of notice; statutory construction; legislative intent to make it easier for employees to recover unpaid wages; definition of "immediately" as required for notice to claim a penalty; notice required to allow a claim for liquidated damages and penalty; required service by certified mail; sufficiency of pleading of elements of a contract; facts upon which objecting party has as much or better knowledge than the pleader; claimed failure to exhaust a statutory remedy by failing to engage in a good-faith dispute or contest of claims; need to pierce corporate veil to claim against corporate officer; evidence of co-mingled business money with personal money; indispensable party; proper party was sued but under wrong designation; amending complaint
(Commonwealth030620t)
(Posted: March 7th 2020)
Commonwealth vs. Bey
3.4.2020
Nancy L. Butts
Criminal:
Post conviction relief act petition; claimed failure of counsel to appeal upon request; credibility issue; waiver of issues by pleading guilty; knowing intelligent, and voluntary guilty plea
(Bey030420BT)
(Posted: March 7th 2020)
JT vs. JJS
3.5.2020
Joy Reynolds McCoy
Family:
Protection from abuse matter; personal jurisdiction; specific incidents of abuse that occurred in St. Thomas, with no
allegations of abuse occurring in Pennsylvania; minimum contacts; relationship of brief history of employment in Pennsylvania to abuse alleged to have occurred out of state
(JT030520m)
(Posted: March 7th 2020)
Mase Estate
3.5.2020
Eric R. Linhardt
Wills and Estates:
Petition for pre-complaint discovery and motion to
reconsider; untimely challenge to the probated will; adequacy of notice; exceptions to 1 year statute of limitations; fraud exception pertaining to fraud upon the court and not fraud involving creation of the will
(mase030520LI)
(Posted: March 5th 2020)
Civil:
Petition to vacate arbitration award; calculation of cost-of-living adjustment; contract interpretation; reliance on settlement agreement involving separate union contract; narrow certiorari scope of review; duty to affirm even a decision that was manifestly unreasonable or a misinterpretation of the law
(Williamsport030420Li)
(Posted: March 5th 2020)
Civil:
Preliminary objections; legal sufficiency of the pleading; no right of private action or relief for HIPAA violations; necessary elements for defamation; truth as affirmative defense not raised at preliminary objection stage; pleading that alleged communication was defamatory in character; need to plead with particularity highly personal, sensitive or potentially embarrassing contents of medical records; prima facie claim for defamation per se; duty of care to protect stored employee data on computer systems; HIPAA as establishing a duty of care; notice of conduct of employee that would establish liability for negligent supervision; negligence per se based on violation of HIPAA; UTPCPL violation for claimed slow notification of violation of breach of privacy; prima facie case of intrusion upon seclusion; presumption of existence of duty where harm derives from defendant's affirmative, risk-causing conduct; high standard to prove intentional infliction of emotional distress; sufficiency of allegations to claim punitive damages; striking excessively vague and equivocal language and facts that are not necessary elements of plaintiff's claim; motion for protective order; subpoena of documents in possession of an opposing party; unilateral scheduling of a deposition of an an opposing party's employee
(fausnaught030420Li)
(Posted: March 4th 2020)
Commonwealth vs. Maneval
3.2.2020
Nancy L. Butts
Criminal:
Motion to admit out-of-court statements made by a child victim; sufficient indicia of reliability of child's statements; significance of evidence of potential bias of receiver of the statement; child's ability to testify without causing serious emotional distress
(Maneval030220BT)
(Posted: March 3rd 2020)
Commonwealth vs. Cotton
3.2.2020
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case; elements of conspiracy to deliver drugs and criminal use of a communication facility; proof of possession of drugs by showing constructive possession; corruption of minor and reckless endangerment shown by careless storage and handling of heroin; suppression motion; sufficiency of search warrant to show probable cause; request for identity of confidential informant; showing that information
requested is material and reasonable
(Cotton030220BT)
(Posted: March 3rd 2020)
Civil:
Ejectment action; summary judgment motion; plaintiff out of possession who has a present right to immediate possession; genuine issue of material fact; potential tenant rights; sanctions motion; mootness
(Bartholomew030220t)
(Posted: March 3rd 2020)
KFO Adoption
3.2.2020
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights filed by agency no settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; incarcerated parent who fails to take advantage of programs available to him and who engages in misconduct that hinders his journey towards reunification; no relationship between the child and father
(AdoptionofKFO030220m)
(Posted: March 3rd 2020)
Civil:
Discovery sanction; motion to stay; potential criminal prosecution; prejudice to plaintiff; option to invoke fifth amendment privilege; adverse inferences
(MooseLodge14522020t)
(Posted: February 29th 2020)
Commonwealth vs. Villaneuva
2.21.2020
Marc F. Lovecchio
Criminal:
Appeal; credibility of witnesses
(Villaneuva022120L)
(Posted: February 29th 2020)
Commonwealth vs. Forlina
2.14.2020
Nancy L. Butts
Criminal:
Habeas corpus motion; prima facie evidence of theft in a failed business relationship; availability of civil remedy; propriety of criminal prosecution to collect a simple business debt
(Forlina021420BT)
(Posted: February 19th 2020)
SJB Adoption
2.10.2020
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; in case of newborn, for a period of 4 months prior to the filing of the petition, making no effort to maintain substantial and continuing contact with child, nor providing financial support to child; non-appearance at hearing; no existing bond
(AdoptionofSJB021020m)
(Posted: February 12th 2020)
Commonwealth vs. Cobb
2.10.2020
Marc F. Lovecchio
Criminal:
Appeal; waiver of issues not addressed by rule 1925 statement; weight and credibility of evidence concerning photographs not being date stamped
(Cobb021020L)
(Posted: February 10th 2020)
Commonwealth vs. Cross
2.10.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; credit for time served before county sentence was revoked and state sentence imposed; calculation of time served as relates to split sentences
(Cross021020L)
(Posted: February 10th 2020)
Commonwealth vs. Brown
2.10.2020
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle stop for registration search result showing "no record found" through J-Net; investigative detention supported by reasonable suspicion; some articulable facts that a violation had or was occurring
(brown021020L)
(Posted: February 10th 2020)
JAK vs. SH
2.3.2020
Ryan M. Tira
Wills and Estates:
Petition to dispose of remains; determination by next of kin; closeness of relationship to deceased; no clear intent expressed by deceased; authority of estate to determine disposition of remains
(JAK020320t)
(Posted: February 7th 2020)
In re: J.P.
1.3.2020
Ryan M. Tira
Administrative Appeal:
Petition to vacate and expunge involuntary civil commitment; sufficiency of evidence upon which commitment was based; review of contemporaneously-created record; necessity of commitment where petitioner voluntarily agreed to undergo treatment; actions and statements contrary to expressed desire to voluntarily submit to treatment
(inrejp010320t)
(Posted: February 7th 2020)
Criminal:
Post conviction relief act petition; knowing, intelligent, and voluntary guilty plea; written guilty plea colloquy
(Breeland020620BT)
(Posted: February 7th 2020)
In the Interest of YJO
2.5.2020
Joy Reynolds McCoy
Criminal:
Juvenile court restitution determination; factors for consideration; weighing needs of the victim against the capabilities of a 15 year old juvenile; community service to reimburse restitution fund; future wage attachment to pay restitution
(InReYJO20520m)
(Posted: February 6th 2020)
Baysore vs Bender
2.3.2020
Ryan M. Tira
Civil:
Preliminary objections; material allegation of paragraph of complaint containing multiple facts; failure of complaint to be verified; demurrer; factual issues on ownership and possession of land; specificity of complaint
(baysore020320t)
(Posted: February 6th 2020)
VAO vs. CB; CB vs. VAO
2.6.2020
Eric R. Linhardt
Custody:
Petition to amend final PFA orders to address custody issues; authority of court to modify PFA order upon petition of either party; consent order; unilateral mistake as to the agreed terms; jurisdiction of family court to revise custody schedule of child protected in PFA order; contravention of PFA order
(VAO020620Li)
(Posted: February 6th 2020)
Criminal:
Habeas corpus petition; constructive possession of contraband; prima facie case; suppression motion; scope of search warrant; search of safe being actively moved from a home at the time of execution of search warrant; curtilage or an inseparable portion of residence
(Sweetin-Wright020320BT)
(Posted: February 5th 2020)
Criminal:
Habeas corpus petition; sufficiency of evidence to establish prima facie case of conspiracy with respect to drug offences; proof of agreement to commit unlawful act; sufficiency of evidence to establish prima facie case of conspiracy to flee from police
(Bonaparte020520BT)
(Posted: February 5th 2020)
CDS ADoption
2.3.2020
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; non-appearance at hearing; no existing bond
(AdoptionofCDS020320m)
(Posted: February 5th 2020)
Commonwealth vs. Boyd
2.4.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffectiveness of counsel; failure to object to references to defendant being on parole where the court had already allowed such references; failure of counsel to predict changes in the law; lack of prejudice where the totality of the evidence supports the verdict; credibility of defendant's testimony about degree of trial preparation
(Boyd020420L)
(Posted: February 4th 2020)
Commonwealth vs. DeGarmo
2.4.2020
Nancy L. Butts
Criminal:
Post conviction relief act; timeliness; jurisdiction of the court
(Degarmo020420BT)
(Posted: February 4th 2020)
Criminal:
Pretrial motions; prima facie case of constructive possession of controlled substances; suppression of evidence; sufficiency of allegation of probable cause of search warrant; use of confidential informant; adequacy of Miranda warnings; permissibility of search of person where officer knew of the warrant but did not have physical possession of it
(Williams020320BT)
(Posted: February 3rd 2020)
Commonwealth vs. McMillan
1.31.2020
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion to conduct an investigatory detention; abandonment of gun dropped on ground as police passed; standing
(McMillan013120BT)
(Posted: February 1st 2020)
Keller vs. Serafini
1.30.2020
Ryan M. Tira
Custody:
Petition to enforce; reconsideration of order issued without notice to opposing party; interpretation of court order relating to consent of party for significant decisions related to medical treatment; routine medical evaluations
(Keller013020t)
(Posted: February 1st 2020)
Civil:
Preliminary objections; formation of employment contract; conditional offer; at will employment; anticipation of "just cause" term that might have been in a future written contract
(Buckley012920Li)
(Posted: January 30th 2020)
Civil:
Preliminary objections; specificity of complaint; attaching an agreement is a credit card collection case; scope of account statements; issues for discovery; consequences of failure to file brief
(citibank012820t)
(Posted: January 30th 2020)
Commonwealth vs. Brown
1.27.2020
Marc F. Lovecchio
Criminal:
Suppression motion; reasonable suspicion for investigatory detention; defendant driving vehicle while known not to have license; search of vehicle upon consent of owner
(Brown012720L)
(Posted: January 27th 2020)
Commonwealth vs. Lattimore
1.24.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court; expiration of sentence
(Lattimore012420L)
(Posted: January 27th 2020)
CL Adoption
1.22.2020
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; non-appearance at hearing; no existing bond
(AdoptionofCL012220m)
(Posted: January 26th 2020)
Bozochovic vs. Gair
1.23.2020
Eric R. Linhardt
Custody:
Appeal; custody petition determination based on credibility of the parties' testimony; arbitrary, vexatious and bad faith filing where claims in petition were unsupported and misrepresented; attorney's fees award; consideration of custody factors where party is seeking enforcement of custody order and not modification
(gair012320Li)
(Posted: January 23rd 2020)
Benson Estate
1.22.2020
Eric R. Linhardt
Wills and Estates:
Petition of creditor to intervene; relevancy of testimony; Dead Man's Act preclusion of testimony; mere authentication of photographs; foundation necessary to authenticate photographs; admissibility of affidavits in lieu of testimony; hearsay exceptions; disqualification of testimony of spouse of surviving interested party; standing to intervene in estate administration; parties with a substantial interest as constructive defendants; intervention of party with only general interest in proceeding
(benson012220Li)
(Posted: January 22nd 2020)
Commonwealth vs. Eck
1.13.2020
Marc F. Lovecchio
Criminal:
Appeal; matters waived by failing to preserve issues in lower court
(eck011320L)
(Posted: January 22nd 2020)
Commonwealth vs. Bausinger
1.17.2020
Marc F. Lovecchio
Criminal:
Petition for return of property; deceased defendant; timeliness of petition by guardian of deceased's children
(bausinger011720L)
(Posted: January 22nd 2020)
Civil:
Motion for judgment on pleadings; claim on motor vehicle financing agreement; repossessed vehicle; fact issue on amount of the deficiency; compliance with statutory deficiency judgment statute provisions
(Horizon011520t)
(Posted: January 22nd 2020)
Commonwealth vs. Villaneuva
1.15.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; after discovered evidence; timeliness of petition; due diligence in obtaining evidence; credibility of new evidence
(Villanueva011520L)
(Posted: January 17th 2020)
Commonwealth vs. McDowell
1.17.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; claims reviewed on appeal and previously rejected; waiver of claims not raised in the trial court; calculation of excludable time under rule 600; need for counsel to obtain approval of continuance requests from client; appropriateness of counsel's questioning of witnesses in light of late involvement in case
(McDowell011720L)
(Posted: January 17th 2020)
Smith vs. Barto
1.15.2020
Eric R. Linhardt
Civil:
Post-trial motions; easement by prescription; burden of proving open and notorious use of property for 21 years; reliance on Restatement (3rd) of Property ยง 2.17(h) standards, which are stricter than Pennsylvania law; sufficiency of facts to establish open and notorious use; infrequent but regular use as establishing continuity but not notoriety; availability of easement by necessity where property has access to a public road
(smith011520Li)
(Posted: January 16th 2020)
Civil:
Preliminary objections; sufficiency of pleading of visible intoxication in Dram Shop case; circumstantial evidence; piercing the corporate veil to sue president of corporation; overcoming strong presumption; disregard of corporate form; sufficiency of evidence of reckless conduct to support claim for punitive damages
(Shultz011620Li)
(Posted: January 16th 2020)
Commonwealth vs. Trapp
1.15.2020
Marc F. Lovecchio
Criminal:
Appeal; post conviction relief petition; failure of counsel to call expert witness; failure to identify witness; statutory requirements for postconviction DNA testing; likelihood that requested evidence would prove innocence;
(Trapp011420L)
(Posted: January 15th 2020)
MD vs. CD and NS
1.10.2020
Joy Reynolds McCoy
Custody:
Appeal
(MD011020m)
(Posted: January 13th 2020)
Commonwealth vs. Mullen
1.10.2020
Marc F. Lovecchio
Criminal:
Appeal; suppression motion; a warrantless search in a third-party residence; timeliness of motion; propriety of motion in limine; good cause for late filing; exigent circumstances; totality of circumstances
(Mullen011020L)
(Posted: January 10th 2020)
Commonwealth vs. Boone
1.10.2020
Marc F. Lovecchio
Criminal:
Appeal
(Boone011020L)
(Posted: January 10th 2020)
Criminal:
Suppression motion; appropriateness of weapons frisk; proper scope of frisk; exigent circumstances for warrantless search of jacket related to children in area
(smith-williams010920L)
(Posted: January 9th 2020)
Commonwealth vs. Hopson
1.8.2020
Nancy L. Butts
Criminal:
Post conviction relief act petition; jurisdiction; petitioner no longer servicing sentence
(Hopson010820BT)
(Posted: January 8th 2020)
Criminal:
Motion to preclude in court identification; suggestive photo array
(Middleton010820BT)
(Posted: January 8th 2020)
Commonwealth vs. Dotson
1.3.2020
Nancy L. Butts
Criminal:
Suppression motion; voluntariness of consent for search of vehicles; totality of the circumstances; probable cause of a search warrant; sufficiency of search warrant affidavit to demonstrate a fair probability that drugs would be found
(Dotson010320BT)
(Posted: January 7th 2020)
AC and BC Adoptions
1.3.2020
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; transient parent with history of drug use; existing bond destroyed by erratic behavior of parent
(AdoptionofACBC010320m)
(Posted: January 7th 2020)
L.N.I.L. Adoption
1.3.2020
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; parent waiting for a more suitable or convenient time to perform parental responsibilities; no existing bond
(AdoptionofLNIL010320m)
(Posted: January 4th 2020)
Commonwealth vs. Best
12.31.2019
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence of invasion of privacy; cell phone photography overtop of changing room wall; motion to suppress in court identification; suggestiveness; independent basis for identification
(Best123119BT)
(Posted: January 2nd 2020)
Commonwealth vs. Pettit
12.31.2019
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Pettit123119BT)
(Posted: January 2nd 2020)
Commonwealth vs. Carr
12.31.2019
Nancy L. Butts
Criminal:
Suppression motion; propriety of investigatory detention; reasonable suspicion that criminal activity was afoot; doctrine of inevitable discovery to validate search of person; reasonable suspicion for canine search of exterior of vehicle; voluntariness of consent for search; scope of consent for search of vehicle; probable cause for arrest; totality of circumstances; sufficiency of affidavit of probable cause for search warrant of cell phone
(Carr123119BT)
(Posted: January 2nd 2020)
Commonwealth vs. Salsman
12.31.2019
Nancy L. Butts
Criminal:
Motion to dismiss pursuant to rule 600; excludable delay; willful failure to appear at court proceeding; proof of proper notice; certified mail sent but returned not signed by defendant;
(Salsman123119BT)
(Posted: January 2nd 2020)
Commonwealth vs. Young
12.31.2019
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; constitutionality of sexual offender registration requirements; waiver of claims; bargained for plea agreement; no retroactive application of the statute; equal protection denial because adult and juvenile offenders are treated differently
(Young123119L)
(Posted: December 31st 2019)
Commonwealth vs. Fisher
12.24.2019
Marc F. Lovecchio
Criminal:
Appeal; start date of probation sentence for revocation purposes; harsh and excessive sentence; defendant not amenable to supervision
(fisher122419L)
(Posted: December 31st 2019)
Commonwealth vs. Knarr
12.27.2019
Marc F. Lovecchio
Criminal:
Suppression motion; warrantless entry into residence to make arrest; claimed exigent circumstances; investigation of minor offense
(knarr122719L)
(Posted: December 31st 2019)
LM Adoption
12.23.2019
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; incarceration; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; no existing bond
(AdoptionofLM122319m)
(Posted: December 30th 2019)
DMW Adoption
12.19.2019
Joy Reynolds McCoy
Adoption:
Appeal; Children's Fast Track; simultaneous filing of Concise Statement of Errors Complained of on Appeal; reliance on previously filed opinions
(AdoptionofDMW121919m)
(Posted: December 22nd 2019)
Commonwealth vs. Williams
12.20.2019
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; claimed police jurisdiction issue; issue mooted by legislative action; lack of arguable merit of claim
(Williams122019L)
(Posted: December 20th 2019)
Commonwealth vs. Vettese
12.19.2019
Marc F. Lovecchio
Criminal:
Habeas corpus petition; vague allegations of insufficiency of evidence; prima facie case of attempted homicide; lack of evidence that gun that was fired was aimed at a person; agreement supporting conspiracy must show more than just an association' overt acts
(vettese121919L)
(Posted: December 20th 2019)
Commonwealth vs. Barasky
12.18.2019
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; knowing, voluntary and intelligent guilty plea; areas addressed by the court in guilty plea colloquy; requirement that counsel advise defendant of effective dates of sentences for plea and parole violation
(Barasky121819L)
(Posted: December 19th 2019)
Commonwealth vs. Brown
12.16.2019
Marc F. Lovecchio
Criminal:
Motion to withdraw guilty plea;credibility of claim of innocence; last ditch effort or hope to avoid consequences of driving under the influence; promotion of fairness and justice
(brown121619L)
(Posted: December 16th 2019)
Commonwealth vs. Billups
12.16.2019
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle search; expectation of privacy; plain view exception to warrant requirement; lawful vantage point; lawful right to access driveway without search warrant or consent
(Billups121619L)
(Posted: December 16th 2019)
Commonwealth vs. Johnson
12.11.2019
Nancy L. Butts
Criminal:
Supplemental suppression motion to consider additional evidence; probable cause for arrest and search of vehicle
(Johnson121119BT)
(Posted: December 16th 2019)