Criminal:
Motion to dismiss for rule 600 violation; computation of excludable time; suggested excluding of non-jury trials from trial term consideration
(Bowers-Barksdale121119BT)
(Posted: December 16th 2019)
Civil:
Preliminary objections; privity of contract; contract interpretation; elements of civil conspiracy claim; individual liability of agent; gist of the action; tort claims for conduct that falls outside of the scope of contracts; specificity of allegations of civil conspiracy; allegations of state of mind sufficient to support a claim for punitive damages; pleading inconsistent causes of action in the alternative
(danko121219L)
(Posted: December 13th 2019)
Commonwealth vs. Drummond
12.10.2019
Marc F. Lovecchio
Criminal:
Commonwealth appeal; existence of exigent circumstances that justified warrantless entry into residence
(Drummond121019L)
(Posted: December 10th 2019)
Commonwealth vs. Friend
12.5.2019
Nancy L. Butts
Criminal:
Bail modification motion; prima facie case established for first degree murder
(Friend120519BT)
(Posted: December 10th 2019)
Commonwealth vs. Kappas
12.9.2019
Marc F. Lovecchio
Criminal:
Appeal; sentencing discretion; waiver of claims that court should have sentenced to county intermediate punishment or that sentence was unreasonable or manifestly excessive for failure to preserve; imposition of harsher post-revocation sentence; no volume discount for crimes; previous refusal to participate in treatment programs
(Kappas120919L)
(Posted: December 10th 2019)
OBL Adoption
12.5.2019
Marc F. Lovecchio
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; late attempt to establish relations; no existing bond
(AdoptionofOLB125519L)
(Posted: December 6th 2019)
TH vs. MM
12.5.2019
Eric R. Linhardt
Custody:
Petition for modification of custody order; best interests of the child; existence of new facts that could alter best interest of the child analysis; full and fair opportunity at trial to present evidence
(th120519Li)
(Posted: December 5th 2019)
Commonwealth vs. Kiess
12.4.2019
Nancy L. Butts
Criminal:
Suppression motion; arrest without an arrest warrant after police demanded he exit his house; probable cause for arrest; investigation initiated by anonymous tip; voluntary, knowing, and intelligent waiver of Miranda rights; totality of the circumstances; police use of psychological stratagems; habeas corpus petition; prima facie case of forcible compulsion for sexual offenses
(Kiess120419BT)
(Posted: December 5th 2019)
Civil:
Appeal
(Bower120219m)
(Posted: December 5th 2019)
Commonwealth vs. Winkleman
12.4.2019
Marc F. Lovecchio
Criminal:
Appeal; sentencing discretion for probation violation to impose harsher sentence where defendant initially received a lenient sentence and failed to adhere to the conditions of probation; vindicating the authority of the court; obligation of court to abide by probation officer's recommendation
(winkleman120419L)
(Posted: December 5th 2019)
Commonwealth vs. Matlosz
11.27.2019
Nancy L. Butts
Criminal:
Appeal; permissible cross-examination; prejudice of questions about age jury had an opportunity to observe defendant; weight of evidence; credibility of victim; sufficiency of evidence of unlawful restraint, indecent assault and corruption of minors; vacation of sentence when defendant convicted of an offense that is a lesser-included offense of crime actually charged; timing of claim of ineffective counsel
(Matlosz112719BT)
(Posted: December 2nd 2019)
Civil:
Preliminary objections and motion to stay; appeal from magistrate court judgments; complaint with unnecessary detail, with imprecise request for relief; extensive impertinent material; sufficiency of claim for defamation; judicial privilege for statements made to investigating police officer; towing of damaged vehicle as state action because it was pursuant to statute; allegation of lack of notice; sealing medical records first introduced to the action without confidential document form cover sheet; consolidation of actions dealing with the same subject matter rather than staying one of the actions; withdrawal of demand for jury trial where one party objects
(rose112719LI)
(Posted: November 27th 2019)
Estate of Harmon vs Harmon
11.25.2019
Eric R. Linhardt
Divorce:
Appeal; jurisdiction of civil court after death of party to contract; contested ownership of decedent's life insurance benefits; rights to proceeds of former spouse's life insurance; ERISA preemption; enforcement of unambiguous property settlement agreement
(harmon112519L)
(Posted: November 27th 2019)
MD vs. CD and NS
11.22.2019
Joy Reynolds McCoy
Custody:
Petition of paternal grandmother of children to intervene in custody action; standing; in loco parentis status; finding of a relationship between petitioner and child that began with consent of the parent or by court order
(MD112219m)
(Posted: November 25th 2019)
Commonwealth vs. Moy
11.18.2019
Marc F. Lovecchio
Criminal:
Appeal; timeliness of trial under 120-day rule under Interstate Agreement on Detainers; waiver of issues not raised in lower court; claims of ineffective assistance of counsel asserted on direct appeal; applicability of exception for individual claims alleged to warrant exceptional treatment; prejudice from late disclosure of confidential informant's criminal record information where informant not called as witness at trial; need for continuance; objections to failure of Commonwealth to call informant as witness because of inability to confront the witness; missing witness charge where Commonwealth has satisfactory explanation for non appearance of witness; authenticity of text messages where facts and circumstances conform to information in the messages; sufficiency of evidence; testing a representative sample of controlled substances; prejudice from failure to suppress where the court did not consider the evidence at issue; reasonableness of sentence; waiver of issues not raised at sentencing hearing
(moy11182019L)
(Posted: November 22nd 2019)
Civil:
Motion to quash subpoena, for protective order and for sanctions; authority of court to enforce non-party, domesticated subpoena after subpoenaed party has
become a named defendant in a foreign action; compliance with procedures of discovery state
(gentry111919Li)
(Posted: November 21st 2019)
LAS Adoption
11.14.2019
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; consent to and revocation of consent to termination; father conceded failure to perform parental duties for at least six months preceding the filing of the petition; existence of protection from abuse order; no existing bond
(AdoptionofLAS111419m)
(Posted: November 19th 2019)
Commonwealth vs. Confer
11.15.2019
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence of attempted murder and aggravated assault; evidence of specific intent to kill by opening a knife and refusing to drop it in the presence
of a police officer; evidence of struggle with officer, taking and using his weapons
(Confer111519BT)
(Posted: November 19th 2019)
Civil:
Motion in limine; determination of employment status; employee vs independent contractor; factors considered; fact issues; jury question
(koch110119LI)
(Posted: November 2nd 2019)
ART, BIT, and DMT Adoption
10.31.2019
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; non-appearance of defendant; 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
(AdoptionofT103119m)
(Posted: November 2nd 2019)
DW Adoption
10.30.2019
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; issues concerning conflicts involving the guardians ad litem; waiver of conflict; repeated and continued incapacity of the parent due to extended incarceration; conviction of sexual offenses requiring registration under Megan's Law; evidence of extensive efforts to retain relationship, despite incarceration; expert testimony on bonding; consideration of the child's views on continued relationship with father; no necessary and beneficial bond between child and father
(AdoptionofDW103019m)
(Posted: October 30th 2019)
Commonwealth vs. Strickland
10.23.2019
Marc F. Lovecchio
Criminal:
Appeal; sentencing discretion; claimed unduly harsh and excessive sentence; factors considered by the court; availability of programs and services with Department of Corrections
(Strickland102319L)
(Posted: October 29th 2019)
Commonwealth vs. Eck
10.18.2019
Marc F. Lovecchio
Criminal:
Motion to modify sentence; Recidivism Risk Reduction Incentive program eligibility; discretion of court to impose RRRI sentence with approval of the district attorney; request for credit for time served; entitlement to duplicate credit; claimed unduly harsh sentence
(Eck101819L)
(Posted: October 29th 2019)
Civil:
Appeal; timeliness of appeal of dismissal of suit for failure to file complaint as ordered by the court
(Bower102219m)
(Posted: October 29th 2019)
Commonwealth vs. Jackson
10.24.2019
Nancy L. Butts
Criminal:
Motion to dismiss; rule 600; Commonwealth due diligence in bringing case to trial; calculation of excludable time
(Jackson102419BT)
(Posted: October 27th 2019)
Commonwealth vs. Coleman
10.24.2019
Nancy L. Butts
Criminal:
New trial motion; Brady violation for suppression of evidence by prosecution; materiality; prejudice
(Coleman102419BT)
(Posted: October 27th 2019)
Milhouse vs Rajjoub
10.25.2019
Eric R. Linhardt
Civil:
motion to appoint counsel and for extension to file certificate of merit; extreme circumstances that implicate fourteenth amendment due process rights; ability to obtain attorney on a contingency fee basis; discretionary authority to extend certificate of merit deadline for good cause shown
(Milhouse102519LI)
(Posted: October 27th 2019)
Commonwealth vs. Moore
10.25.2019
Eric R. Linhardt
Criminal:
Post-sentence motion; sentencing discretion; factors supporting aggravated range sentence; merger of offenses; separate criminal acts; recusal of judge who previously served as district attorney
(moore102519Li)
(Posted: October 27th 2019)
Fink Estate
10.24.2019
Eric R. Linhardt
Wills and Estates:
Petition for reimbursement of attorney fees; claimed bad faith in will contest; unsuccessful appeal; issue of standing raised sue sponte by the court; arguable merit of argument distinguishing cases; procedural mistake rather than deliberate dilatory conduct; non-frivolous basis for appeal
(fink102419Li)
(Posted: October 24th 2019)
Commonwealth vs. Mitchell
10.23.2019
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; authority to modify negotiated sentence
(Mitchell102319L)
(Posted: October 23rd 2019)
Civil:
Preliminary objections; specificity of allegations in credit card collection complaint; pleading notice of the claim and facts essential to support claim; pleading evidence
(Templin101419Li)
(Posted: October 17th 2019)
Commonwealth vs. Johnson
10.14.2019
Nancy L. Butts
Criminal:
Suppression motion; standing; claimed use of suppressed information to identify defendant; independent source of information; habeas corpus motion
(Johnson101419BT)
(Posted: October 17th 2019)
Commonwealth vs. Best
9.27.2019
Marc F. Lovecchio
Criminal:
Commonwealth appeal; rule 600 dismissal; burden of proof; Commonwealth unprepared to present evidence of due diligence; discretion to allow hearing on reconsideration motion
(Best092719L)
(Posted: October 16th 2019)
Commonwealth vs. Boone
10.10.2019
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; knowing, voluntary and intelligent plea; jurisdiction of the court; timeliness of petition; waiver of issues
(boone101019L)
(Posted: October 11th 2019)
Commonwealth vs. Boyd
10.10.2019
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; claims of ineffective assistance of counsel; objection to testimony identifying a voice; description of demeanor based on sound of voice; prejudice resulting from identification of defendant as shooter, where defendant admitted to having been the shooter; admissibility of evidence that testifying officer was involved in drug investigation, when he investigated the shooting; evidence of drugs and drug dealing when crime arose out of a drug deal; reasonable strategic reason for trial counsel's questions; prejudice of trial evidence of defendant's status as parolee; timeliness of objection to the warrant where no suppression motion was filed; need for evidence on the amount of time used to prepare the defendant for trial; claimed lack of consultation concerning possible plea agreement before trial
(Boyd101019L)
(Posted: October 11th 2019)
Commonwealth vs. Cradle
10.10.2019
Marc F. Lovecchio
Criminal:
Appeal; discretion of court in imposing a state sentence on re-sentence for probation violation where there were no new offenses; repeated failure to comply with conditions of probation
(cradle101019L)
(Posted: October 11th 2019)
Commonwealth vs. Kapp
9.25.2019
Nancy L. Butts
Criminal:
Suppression motion; voluntary, knowing, and intelligent consent to search vehicle; defendant incoherent; third party consent; authority of passenger over the vehicle; probable cause to issue search warrant independent from illegal search
(Kapp092519BT)
(Posted: October 7th 2019)
Commonwealth vs. Johnson
9.27.2019
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause for search; sufficiency of search warrant affidavit
(Johnson092719L)
(Posted: September 29th 2019)
Civil:
Motion in limine; evidence of use of marijuana prior to accident; relevance of chronic marijuana use as a factor to determine future earning capacity where plaintiff admitted to losing a job and to difficulty maintaining work due to use of marijuana; evidence of use of marijuana on question of life expectancy, without expert opinion
(koch092419L)
(Posted: September 25th 2019)
Commonwealth vs. Brown
9.24.2019
Marc F. Lovecchio
Criminal:
Motion to dismiss; rule 600; Commonwealth burden of due diligence; reasonable efforts are required, not perfection
(brown092419L)
(Posted: September 24th 2019)
Commonwealth vs. Saldivar
9.23.2019
Marc F. Lovecchio
Criminal:
Motion to dismiss; rule 600; Commonwealth burden of due diligence; causes of delay
(saldivar092319L)
(Posted: September 23rd 2019)
Commonwealth vs. Drummond
9.20.2019
Marc F. Lovecchio
Criminal:
Suppression motion; legality of entry into home; claimed exigent circumstances; protective sweep inside home
(Drummond092019L)
(Posted: September 20th 2019)
Commonwealth vs. Kuhns
9.19.2019
Nancy L. Butts
Criminal:
Suppression motion; probable cause for search warrant; reliance on information that is too old or stale; likelihood of an ongoing criminal offense; reliability of information where veracity and basis of witness's knowledge is unknown; presumption of trustworthiness of eyewitness to a crime who voluntarily reports observations to police; over broad warrant
(Kuhns091919BT)
(Posted: September 19th 2019)
Commonwealth vs. Rhinehart
9.19.2019
Marc F. Lovecchio
Criminal:
Appeal; admissibility of use of marijuana on day before accident
(Rhinehart091919L)
(Posted: September 19th 2019)
TM Adoption
9.17.2019
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
(AdoptionofTM091719m)
(Posted: September 17th 2019)
Commonwealth vs. Jennings
9.16.2019
Marc F. Lovecchio
Criminal:
Suppression motion; search of home; consent to enter home; consent to search residence, without limitation; reasonable suspicion to do a pat down search due to suspected involvement by defendant in previous shooting incident; sufficiency of evidence to establish possession of drugs; constructive possession; testimonial evidence of possession; co-conspirator liability; incomplete discovery responses
(jennings091619L)
(Posted: September 16th 2019)
Commonwealth vs. Snyder
9.13.2019
Nancy L. Butts
Criminal:
Suppression motion; right to remain silent; interview without Miranda rights being given; custodial interrogation
(Snyder091319BT)
(Posted: September 14th 2019)
Commonwealth vs. Wood
9.12.2019
Eric R. Linhardt, Nancy L. Butts, Joy Reynolds McCoy
Criminal:
En banc consideration of motion for modification of probation conditions; effect of Pennsylvania's Medical Marijuana Act; use of medical marijuana by probationer regardless of federal law, court policy or signed probation conditions; applicability of the Human Relations Act and probationer's claimed disability accommodation; preemption doctrine; broad discretion of court in fashioning reasonable conditions for probationers
(wood091219LBM)
(Posted: September 12th 2019)
SBB vs. JEB-S
9.3.2019
Joy Reynolds McCoy
Custody:
Appeal; children's fast track appeal; failure to file concise statement of errors complained of simultaneously with the appeal
(SBB09319m)
(Posted: September 10th 2019)
JRH vs. MA
8.29.2019
Joy Reynolds McCoy
Family:
Complaint to establish paternity; rebuttable presumption when mother is married; protection of an intact family; advancing the policy behind presumption; applicability of paternity by estoppel
(jrh082919m)
(Posted: September 10th 2019)
Commonwealth vs. Knight
9.5.2019
Marc F. Lovecchio
Criminal:
Suppression motion; reasonable expectation of privacy; casual visitor; Miranda warnings for custodial interrogation; voluntary incriminatory statements; search of person based on totality of facts and circumstances; habeas corpus petition; sufficiency of evidence where defendant was found in close proximity to drugs and he admitted the drugs were his
(knight090519L)
(Posted: September 5th 2019)
Commonwealth vs. Sanders
9.5.2019
Marc F. Lovecchio
Criminal:
Motion to dismiss; Rule 600; due diligence to bring defendant to trial; delay outside Commonwealth's control; need for perfect vigilance and punctilious care
(sanders090519L)
(Posted: September 5th 2019)
NH Adoption
8.29.2019
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; non-appearance of defendant; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; lack of obstacles preventing parent from exercising his parental rights; no existing bond
(AdoptionofNH082919m)
(Posted: August 29th 2019)
Administrative Appeal:
Appeal from school board decision to change job title; reconsideration of previous opinion allowing a hearing for revision of job title and job description; personal or property right in employment position; definition of professional employee; stigma-plus test; requiring hearing for non-dismissal situation
(Smith082919Li)
(Posted: August 29th 2019)
Commonwealth vs. Truitt
8.21.2019
Nancy L. Butts
Criminal:
Suppression motion; suggestive photo array; photo array that varied from an individual's description; expansive list of similarities in photos
(Truitt082119BT)
(Posted: August 26th 2019)
Civil:
Petition for charging order, foreclosure, and judicial sale; involuntary foreclosure of dilatory and obstructionist partner's share of the partnership, to pay debt owed to the partnership; sufficiency of evidence of improper management of the partnership; credibility of testimony
(linn082619Li)
(Posted: August 26th 2019)
Smith vs. Sampson
8.26.2019
Eric R. Linhardt
Civil:
Non-jury trial; landlord tenant complaint; enforceable oral lease; implied contract; proof of written notice to quit; Best Evidence Rule; right to invite employees, business visitors, tradesmen, deliverymen, suppliers of goods and services to rented apartment; award of possession to tenant
(Sampson082619Li)
(Posted: August 26th 2019)
Commonwealth vs. Bair
8.23.2019
Marc F. Lovecchio
Criminal:
Suppression motion; moot issues regarding materials never found; questioning of a party after he indicates he wants to remain silent or wants an attorney; ambiguity in refusal to talk with police; unambiguous invocation of right to counsel; break in "Miranda custody"; mounting coercive pressures of prolonged police custody
(bair082319L)
(Posted: August 24th 2019)
Civil:
Preliminary objections; jurisdiction of court; attempt to create jurisdiction by averring facts upon information or belief; discovery on jurisdictional issue; use of Pennsylvania Declaratory Judgments Act to construe warranty agreement
(LycomingEngines082019Li)
(Posted: August 20th 2019)
Commonwealth vs. Entz
8.20.2019
Marc F. Lovecchio
Criminal:
Commonwealth appeal; denial of reconsideration and request to present additional evidence; Commonwealth's lack of preparedness and due diligence at rule 600 hearing
(Entz082019L)
(Posted: August 20th 2019)
Civil:
Uncontested motion to file complaint under seal and to seal judicial record; specificity of pleading intrusion upon seclusion claim; presumption of the public's right of access to court documents; need to plead particulars of highly personal, sensitive or potentially embarrassing contents of medical records
(Fausnaught082019Li)
(Posted: August 20th 2019)
Commonwealth vs. Bigelow
8.16.2019
Marc F. Lovecchio
Criminal:
Suppression motion; warrantless search of home; probable cause for search; exigent circumstances; conflicting testimony
(bigelow081619L)
(Posted: August 16th 2019)
Commonwealth vs. Kiess
8.16.2019
Marc F. Lovecchio
Criminal:
Suppression motion; DUI charge; blood testing delay; good cause for delay; flight from accident scene
(Kiess081619L)
(Posted: August 16th 2019)
Commonwealth vs. Willits
8.16.2019
Marc F. Lovecchio
Criminal:
Appeal; unduly harsh sentence; discretion of the court; sentencing factors; lack of mitigating factors; refusal to take advantage of available treatment and services; personality related impulsive behavior.
(Willits081619L)
(Posted: August 16th 2019)
Commonwealth vs. Daniels
8.9.2019
Marc F. Lovecchio
Criminal:
Motion for disclosure of the identity of confidential informant; qualified privilege; materiality of identity of confidential informant to defense; balancing factors; potential conflict within public defender's office; inability to form a proper defence without knowing the transaction involving the informant; petition for writ of habeas corpus; prima facie case where finding was based on hearsay testimony of information from confidential informant; reliability of information
(daniels080919L)
(Posted: August 9th 2019)
Kramer Estate
8.8.2019
Eric R. Linhardt
Civil:
Preliminary objections; claim of oral agreement to bequeath property; specific performance of oral agreement; statute of frauds; applicability of partial performance exception; exclusive possession requirement; parol evidence rule applicability in effort to dispute the express terms of a will; Dead Man's Act
(Kramer080819Li)
(Posted: August 9th 2019)
KN vs. JS
8.9.2019
Marc F. Lovecchio
Family:
Appeal; protection from abuse order; sufficiency of the evidence; evidence of bodily injury and threats of injury and death; course of conduct to place plaintiff. in reasonable fear of bodily injury
(kn080919L)
(Posted: August 9th 2019)
Smith vs. Barto
8.8.2019
Eric R. Linhardt
Civil:
Non-jury trial; land dispute; criteria for easement by necessity or easement by prescription; necessary for the owner of dominant tenement to use land; continuous open or notorious use
(Barto080819Li)
(Posted: August 9th 2019)
Commonwealth vs. Choice
8.8.2019
Nancy L. Butts
Criminal:
Motion for nominal bail; claimed rule 600 violation; calculation of excludable time
(Choice080819BT)
(Posted: August 9th 2019)
Commonwealth vs. Girardi
8.2.2019
Nancy L. Butts
Criminal:
Motion to dismiss under rule 600; determination of excludable time; Commonwealth's reliance on court administration to properly schedule cases under rule 600
(Girardi080219BT)
(Posted: August 5th 2019)
Commonwealth vs. Grob
8.2.2019
Nancy L. Butts
Criminal:
Motion to permit testimony by contemporaneous alternative method; child victim of sex offence; potential testimony causing child serious emotional distress
(Grob080219BT)
(Posted: August 5th 2019)
Commonwealth vs. Dyer
7.31.2019
Marc F. Lovecchio
Criminal:
Sufficiency of evidence to grade corruption of minor charge as a felony; evidence that victim did not consent to improper touching
(Dyer073119L)
(Posted: August 1st 2019)
Commonwealth vs. Davis
7.31.2019
Nancy L. Butts
Criminal:
Omnibus pretrial motion; admissibility of police video; demonstrative evidence; accurate representation; unfair prejudice and possibility of misleading jury; suppression issue; breadth of search warrant for cell phone data; admissibility of statements; lay opinion; witness opinion based on observations; prejudice of jury hearing witness use technical term "murder"
(Davis073119BT)
(Posted: August 1st 2019)
Civil:
Preliminary objections; defamation claim; high public official immunity for acts of sheriff in the course of his official duties; statements involving a recognized interest of the public made in the course of sheriff's duty; sufficiency of allegations of malice; failure to adequately plead damages
(phillips072019leete)
(Posted: July 30th 2019)
Civil:
Summary judgment motion; authority of sheriff to limit work awarded to constables; implementation of Rules of Judicial Administration relating to constables; role of president judge; constables as independent contractors; authority of judges of coordinate jurisdiction to overrule each other's decisions
(riley072619Leete)
(Posted: July 30th 2019)
SBB v. KEB
7.22.2019
Joy Reynolds McCoy
Custody:
Motion to temporarily modify custody order so that existing schedule will be retained while father is in the police academy; custody arrangement modified to avoid adjustment issues
(SBB072219m)
(Posted: July 29th 2019)
Commonwealth vs. Jackson
7.25.2019
Marc F. Lovecchio
Criminal:
Motion to dismiss under rule 600; calculation of excludable time; time excluded due to request for new counsel and co-defendant's continuance request; waiver of objection to previous judge's determination as to against whom the continuance request would run
(Jackson072519L)
(Posted: July 25th 2019)
Commonwealth vs. Lewis
7.23.2019
Nancy L. Butts
Criminal:
Suppression motion; vehicle stop; reasonable suspicion: of violation of the Motor Vehicle Code; custodial detention; validity of consent for search
(Lewis072319BT)
(Posted: July 23rd 2019)
Commonwealth vs. Trapp
7.23.2019
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel claim for failure to retain an expert witness where no witness certifications support claim; court's discretion of need for expert witness; confirmatory expert report; lack of prejudice; need for witness certifications to compel DNA samples from claimed other suspects; probable cause for samples from third parties
(Trapp072319L)
(Posted: July 23rd 2019)
Commonwealth vs. Smith
7.12.2019
Nancy L. Butts
Criminal:
Habeas corpus motion; prima facie case of possession of drug paraphernalia found in vehicle that defendant possessed exclusively for a period of time; suppression motion; probable cause for arrest; probable cause for search of vehicle with crack smoking device in plain view
(Smith071219bt)
(Posted: July 22nd 2019)
Commonwealth vs. Hunter
7.15.2019
Marc F. Lovecchio
Criminal:
Appeal; sufficiency and weight of the evidence; circumstantial evidence; need for eyewitness to prove crime
(Hunter071519L)
(Posted: July 22nd 2019)
Fink Estate
7.19.2019
Eric R. Linhardt
Wills and Estates:
Will contest; standing of appellants; aggrieved interest in immediately preceding will that is substantial, direct, and immediate
(InreFink071919Li)
(Posted: July 19th 2019)
Civil:
Preliminary objections; viability of dram shop claim where facts supporting visible intoxication are not pleaded; viability of claim against shareholder of corporation for tort of corporation; specificity of wrongful death claim; punitive damages in wrongful death claim; factual basis for asserting punitive damage claim
(Shultz071919Li)
(Posted: July 19th 2019)
Administrative Appeal:
Reconsideration motion; eligibility for admittance into public housing after default on student loan; consideration of mitigating factors; consideration of time, nature, and extent of the applicant's conduct; completeness of the record; hearing officer's findings supporting decision expressed on the record
(TurnerIrving071919Li)
(Posted: July 19th 2019)
Commonwealth vs. Ultsh
7.9.2019
Marc F. Lovecchio
Criminal:
Appeal; declaration that SVP hearing and determination are unconstitutional under Butler despite amendments to SORNA; continued punitive nature of statute; express legislative history suggesting amendments to statute were to address constitutional infirmities; strong presumption of constitutionality; historic jury function; burden of proof; use of "as applied" analysis
(ULTSH070919L)
(Posted: July 19th 2019)
Civil:
Reconsideration motion; Orphans' court case filed in the civil division; contractual claim that cannot be divorced from administration of estate; statutory enumeration of issues that must be handled as part of administration of estate; transfer request
(Kramer071719Li)
(Posted: July 17th 2019)
AP Adoption
7.15.2019
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; non-appearance of defendant; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; child removed from the care of parent by court order, lack of attempts by parent to begin compliance with the child permanency plan; no existing bond
(AdoptionofAP071519m)
(Posted: July 16th 2019)
PJH Adoption
7.8.2019
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; non-appearance of defendant; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; lack of obstacles preventing parent from exercising his parental rights; no existing bond
(6633)
(Posted: July 9th 2019)
Commonwealth vs. Ceruti
7.9.2019
Marc F. Lovecchio
Criminal:
Motion to dismiss under rule 600; due diligence to bring case to trial; Lycoming County procedures; use of diary or record keeping system to keep track of cases; systemic problems with Commonwealth's record keeping for rule 600 purposes
(ceruti070919L)
(Posted: July 9th 2019)
Commonwealth vs. Rawls
7.5.2019
Nancy L. Butts
Criminal:
Appeal; admissibility of expert testimony on whether a confession was false or not; need for Frye hearing where expert's methods are not novel and are commonly accepted by Pennsylvania courts; charge for consciousness of innocence because defendant self-reported to the police station for questioning; jury charge for omissions in police investigation
(Rawls070519BT)
(Posted: July 8th 2019)
Civil:
Preliminary objection to personal jurisdiction; purposefully directing activities at residents of forum; transacting business; integrated contract; consideration of contemporaneous statements; contract interpretation; failure to specify origin of lumber in contract
(ShanghaiChestnutCo.070319Li)
(Posted: July 3rd 2019)
RP vs. KF
7.2.2019
Joy Reynolds McCoy
Custody:
Appeal; long-standing mutual babysitter/first option clause; father allowed to make arrangements for childcare during his periods of custody; choice of schools; best interests of the child; consistent and stable schedule
(RP070219m)
(Posted: July 3rd 2019)
Administrative Appeal:
Zoning appeal; findings supported by substantial evidence; abuse of discretion or error of law; unnecessary hardship where developing lot for residential structures would be fiscally excessive
(Tilley062819br)
(Posted: July 3rd 2019)
Commonwealth vs. Kelly
6.28.2019
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence of delivery and possession of heroin; identification of substance not recovered as heroin; evidence of criminal attempt or acting as accomplice
(Kelly062819BT)
(Posted: July 3rd 2019)
Commonwealth vs. Moyer
6.21.2019
Marc F. Lovecchio
Criminal:
Appeal of denial of post conviction relief act petition; waiver of issues not raised in post-sentence motions or on appeal; claimed ex parte conversations with prosecution, which consisted of the court overhearing off record conversation that included defendant, prior to reopening record to hear additional evidence; waiver of issue not raised before the appeal; basis to withdraw guilty plea, even if motion had been filed
(Moyer062119Li)
(Posted: July 3rd 2019)