Administrative Appeal:
License suspension appeal; arrest for DUI; refusal to submit to chemical testing; constitutionality of implied consent law in light of Birchfield vs. North Dakota; authority to impose civil penalties
(Marchese111016m)
(Posted: November 10th 2016)
Civil:
Summary judgment motion; punitive damages; evidence of defendants' state of mind
(englert111016g)
(Posted: November 10th 2016)
Commonwealth vs. Bortz
11.8.2016
Marc F. Lovecchio
Criminal:
Appeal; probation violation sentence; failure of court to account rehabilitative where defendant had already served a ten-year sentence; need for sexual offender treatment program offered in state prison; deterrent effect of threat of future incarceration
(Bortz110816L)
(Posted: November 9th 2016)
Commonwealth vs. Martin
11.8.2016
Marc F. Lovecchio
Criminal:
Post-sentence motion; forfeiture by wrongdoing exception to the hearsay rule; availability for trial; declaration of unavailable witness introduced against party who made witness unavailable; witness concerned for his safety and the safety of his family; witness considered unavailable if the witness testified to not remembering the subject matter; prosecutorial misconduct claim relating to ex parte judge shopping; admission by district attorney of request for reassignment of senior judge; prejudice; sufficiency of the evidence; waiver of arguments; admissibility of lay opinion; accomplice liability charge; admission of photographs that were posted on Instagram; authenticity of documents; disparity in sentences between defendant and his co-defendants who were not similarly situated
(Martin110816L)
(Posted: November 9th 2016)
Commonwealth vs. Probst
11.8.2016
Nancy L. Butts
Criminal:
Post conviction relief act petition; fully satisfied sentence; timeliness of petition; due diligence; jurisdiction of the court
(Probst110816bt)
(Posted: November 9th 2016)
Commonwealth vs. Brown
11.4.2016
Marc F. Lovecchio,
Criminal:
Habeas corpus petition; prima facie case of conspiracy with respect to drug offences
(brown110416L)
(Posted: November 4th 2016)
Commonwealth vs. Hays
10.14.2016
Richard A. Gray
Criminal:
Motion for new trial; impact of Birchfield vs. North Dakota; failure to preserve; diminished record argument; strength of case without BAC results; prejudice to defendant
(Hays101416g)
(Posted: November 2nd 2016)
Commonwealth vs. Coleman
10.26.2016
Richard A. Gray
Criminal:
Motion in limine to preclude or limit admissibility of photographs of the victim and the crime scene; discretion of the court; inflammatory nature of photographs; evidentiary value outweighs likelihood of prejudice or misleading jury; cumulative photographs
(Coleman102616g)
(Posted: November 2nd 2016)
Commonwealth vs. Saar
11.2.2016
Marc F. Lovecchio
Criminal:
Motion to withdraw guilty plea; fair and just reason; claimed waiver of Birchfield v. North Dakota issue; changed dynamic of the case after guilty plea but before sentencing
(Saar110216L)
(Posted: November 2nd 2016)
Criminal:
Summary appeal; citation for allowing occupancy of a condemned and placarded structure; validity of city ordinance; specific adoption of 2015 ICC International Property Maintenance Code; relevance of copyright law and ICC list of jurisdictions to question of whether the city properly complied with Pennsylvania law; validity of order quashing subpoenas of the mayor and chief codes officer where those individuals were not involved with passage of the original ordinance; compliance with procedural rules governing issuance of subpoenas; sufficient opportunity to defend case; sufficiency and weight of evidence
(DeRaffele110116L)
(Posted: November 1st 2016)
Commonwealth vs. Rhines
10.31.2016
Nancy L. Butts
Criminal:
Post-conviction relief act petition; timeliness; jurisdiction of the court; retroactive application of Alleyne decision
(Rhines103116bt)
(Posted: October 31st 2016)
Commonwealth vs. Swarthout
10.25.2016
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion to stop vehicle;' stop based on information received in police dispatch; probable cause to arrest for DUI; suppression of blood alcohol test under Birchfield vs. North Dakota rule
(Swarthout102516bt)
(Posted: October 25th 2016)
Commonwealth vs. Kemp
10.24.2016
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel; failing to call character witnesses; counsel's questioning that opened door to admission of unfavorable admissions by defendant; need for evidentiary hearing to hear testimony of counsel; evidence on issues that lack arguable merit; choosing issues to be raised on appeal
(Kemp102416L)
(Posted: October 24th 2016)
Civil:
Motion for peremptory writ in mandamus action seeking reinstatement to teaching position; required school board action to terminate teacher; election of arbitration remedy by teacher; arbitration of grievance delayed by appeal; exhaustion of administrative remedies; availability of mandamus action to professional employees seeking relief for a violation of the School Code
(Girardi102116a)
(Posted: October 21st 2016)
Commonwealth vs. Akins
10.21.2016
Nancy L. Butts
Criminal:
Suppression motion; search of home; reasonable expectation of privacy; third party residence subject to higher a quantum of suspicion; form over substance; verbal but not written permission for parolee to reside in apartment; reasonable suspicion to do a walk through of home given the odor of marijuana and defendant's admission that he would test positive for marijuana
(Akins102116bt)
(Posted: October 21st 2016)
HG and JG Adoption
10.20.2016
Joy Reynolds McCoy
Adoption:
Involuntary termination of paternal rights; parent evidencing settled purpose of relinquishing parental claim to child or refusing or failing to perform parental duties; definition of parental duties; repeated incapacity and/or refusal to act resulting in the children being without essential parental care, control or subsistence necessary for their physical or mental well-being; sporadic visits and drug abuse; child removed from parental care and conditions leading to removal continuing to exist; needs and welfare of the child; failure of parents to obtain housing; bond between parents and children; premature petition where the children have no available permanent placement and a parental bond still exists
(AdoptionofHGandJG102016m)
(Posted: October 20th 2016)
Commonwealth vs. Guthrie
10.20.2016
Nancy L. Butts
Criminal:
Habeas corpus petition; escape charge; inmate of pre-release center running from correctional officers at worksite; amendment of information to increase grade of offense; prejudice; no new facts; changed defense strategy
(Guthrie102016bt)
(Posted: October 20th 2016)
Administrative Appeal:
Land use appeal; timeliness of appeal notice; weekend deadline; additional issues raised in amended appeal notice
(farmonbeeberdrive102016a)
(Posted: October 20th 2016)
Commonwealth vs. Hopkins
10.19.2016
Nancy L. Butts
Criminal:
Motion to dismiss on speedy trial grounds; prejudice; defendant's failure to object to trial continuance requests; general discomfort of having an outstanding criminal matter
(Hopkins101916bt)
(Posted: October 19th 2016)
Civil:
Petition for reinstatement of appellate rights; claimed breakdown in the court's operations; reliance on dissent to order quashing appeal
(pennlyco101816a)
(Posted: October 18th 2016)
Civil:
Non-jury verdict; breach of contract claim; nursing home admission; liability of patient for care where Medicaid denies coverage; mitigation of damages; course of dealing; failure to use reasonable care to obtain alternate sources of funding or to timely inform patient of non-payment; proof of damages
(Presbyterian101416g)
(Posted: October 14th 2016)
Reese vs. Tyler
10.14.2016
Richard A. Gray
Civil:
Non-jury verdict; parent breach of contract suit on payment made due to co-signing student loan; statute of limitations; continuing contract; fraudulent concealment; acknowledgement or reaffirmation of debt; unjust enrichment claim where matter governed by express oral contract
(Reese101416g)
(Posted: October 14th 2016)
Commonwealth vs. Gehr
10.13.2016
Marc F. Lovecchio
Criminal:
Appeal; denial of motion to withdraw guilty plea; expectation of receiving a county sentence; disappointment in sentence constituting manifest injustice
(Gehr101316L)
(Posted: October 13th 2016)
Commonwealth vs. Banks
10.12.2016
Marc F. Lovecchio
Criminal:
Appeal; waiver of objection to defense argument.
(Banks101216L)
(Posted: October 12th 2016)
Koch vs. Anonie
10.11.2016
Richard A. Gray
Civil:
Non-jury verdict; remedy for encroachment; encroachment de minimis in light of circumstances and equities; implied easement from prior use; irreparable harm by removal of encroachment
(koch101116g)
(Posted: October 11th 2016)
Commonwealth vs. Williams
10.10.2016
Marc F. Lovecchio
Criminal:
Post sentence motion; first degree murder conviction; evidence of the victim's prior convictions for aggression where a claim of self-defense is at issue; remoteness of prior conviction; defendant's awareness of prior conviction; evidence of drugs in victim's system where there was no testimony that drugs caused him to be intoxicated or to act in a certain way; defense opening the door to testimony of defendant being kicked out of a bar where the evidence became relevant and admissible to rebut arguments and inferences of defense counsel; admissibility of intercepted phone calls/visits for impeachment; testimony claimed to be hearsay; rebuttal evidence of victim's shorts; need for heat of passion voluntary manslaughter jury instruction where case was purely self-defense; weight and sufficiency of evidence of specific intent to kill; evidence of malice; illegal possession of firearm negating right to stand ground and use deadly force; duty to retreat; sufficiency of evidence to disprove the self-defense claim
(Williams101016L)
(Posted: October 10th 2016)
Commonwealth vs. Burden
10.10.2016
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; claimed ineffective assistance of counsel; failing to explore opportunities for a plea agreement; legal obligation of Commonwealth to plea bargain; no claim of willingness to plead guilty; prosecutor's comparison of robbery of the Rite-Aid of $149 to Dillinger bank robberies as oratorical flair; prejudice in light of the overwhelming evidence against defendant; claim not of arguable merit; failure to use video evidence that was not exculpatory, in light of strong evidence of guilt
(Burden101016L)
(Posted: October 10th 2016)
Commonwealth vs. Williams
10.10.2016
Nancy L. Butts
Criminal:
Appeal; resentencing and recusal motion; claimed personal bias and ill-will of judge in light of "special place in hell" comment; sentencing discretion; sentencing within the guidelines; sufficiency of the evidence of possession with intent to deliver a controlled substance; circumstantial evidence; need for cellular records to prove criminal use of a communication facility in light of witness testimony that the phone was used to arrange drug transaction
(Williams101016bt)
(Posted: October 10th 2016)
Commonwealth vs. Kinney
10.3.2016
Marc F. Lovecchio
Criminal:
Appeal; sufficiency of evidence of aggravated assault and robbery; issues not raised at trial; waiver; claimed prosecutorial misconduct for representations of plea negotiations with witness before trial; prejudice
(Kinney100316L)
(Posted: October 5th 2016)
Commonwealth vs. Mitchell
10.3.2016
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court; retroactive application of Alleyne decision
(Mitchell100316bt)
(Posted: October 3rd 2016)
Commonwealth vs. Stone
9.30.2016
Nancy L. Butts
Criminal:
Commonwealth's motion for reconsideration of suppression order; custodial interrogation
(Stone093016bt)
(Posted: October 1st 2016)
Commonwealth vs. Dacenzo
9.30.2016
Nancy L. Butts
Criminal:
Post-conviction relief act petition; timeliness; jurisdiction of the court; retroactive application of Alleyne decision
(Dacenzo093016bt)
(Posted: October 1st 2016)
Commonwealth vs. Easter
9.29.2016
Marc F. Lovecchio
Criminal:
Suppression motion; DUI case; vehicle stop; reasonable suspicion or probable cause to believe that a traffic violation had occurred
(Easter092916L)
(Posted: September 29th 2016)
Commonwealth vs. Monroe
9.29.2016
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court; retroactive application of Alleyne case
(Monroe092916bt)
(Posted: September 29th 2016)
Criminal:
Post conviction relief act petition; timeliness; retroactive application of Supreme Court case applying a prior standing constitutional right to new factual scenario
(Cruz092916bt)
(Posted: September 29th 2016)
Civil:
Non-jury verdict; real estate purchase;; lack of enforceable contract; terms of agreement not met by buyer
(Wyland092916g)
(Posted: September 29th 2016)
Commonwealth vs. Carter
9.20.2016
Richard A. Gray
Criminal:
Appeal; appropriateness of sentence; consideration of relevant factors; consideration of demeanor and lack of remorse; sufficiency of evidence constructive possession of a firearm by person not to possess
(carter092016g)
(Posted: September 26th 2016)
Civil:
Motion for summary judgement; need for expert testimony in complex medical malpractice case; timeliness of production of expert report after expiration of deadline; significant, unexplained delay in expert report production; prejudice to defendants and waste of court's time; significance of case management deadlines
(Renard092616a)
(Posted: September 26th 2016)
Criminal:
Habeas corpus petition; endangering the welfare of child; failure of health care providers to report child abuse where abuser and victim are in providers' household; sufficiency of evidence
(tp092616bt)
(Posted: September 26th 2016)
Commonwealth vs. Reddick
9.21.2016
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle stop; right to ask occupants of vehicle to exit for the duration of the traffic stop; determination of when traffic stop has concluded; reasonable suspicion of criminal activity; nervous and fidgety vehicle occupants
(Reddick092116L)
(Posted: September 21st 2016)
Commonwealth vs.Blackwell
9.15.2016
Marc F. Lovecchio
Criminal:
Habeas corpus petition; establishing prima facie case entirely through hearsay where assault victim is uncooperative; opportunity to confront alleged victim at habeas corpus hearing; good faith certification that victim will be available at trial; bail or dismissal of charges when Commonwealth cannot certify that it will be able to connect defendant to the crime, at trial
(blackwell091516L)
(Posted: September 17th 2016)
Commonwealth vs. Drummond
9.13.2016
Nancy L. Butts
Criminal:
Objection to the intention to dismiss post conviction relief act petition; prisoner mailbox rule; credit for time spent on intensive supervised bail
(Drummond091316bt)
(Posted: September 13th 2016)
Commonwealth vs. Stone
9.13.2016
Nancy L. Butts
Criminal:
Motion to suppress; institutional sexual assault by prison physician; failure of supervisor to give Miranda warning prior to obtaining statements; custodial interrogation or mandatory employment incident reporting process; statements after arrival of police officer; voluntariness of custodial consent to search vehicle
(Stone091316bt)
(Posted: September 13th 2016)
Commonwealth vs. Eiland
9.9.2016
Dudley N. Anderson
Criminal:
Post-sentence motion; non-jury trial; sufficiency of evidence of firearms not to be carried without license
(Eiland090916a)
(Posted: September 9th 2016)
ADP Adoption
9.9.2016
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; grandparent adoption; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; parent posting messages on Facebook page rather than contacting the people who were entrusted to care for child; credibility; bonding analysis
(AdoptionofADP090916m)
(Posted: September 9th 2016)
SCK vs. TGK
9.7.2016
Dudley N. Anderson
Support:
Petition for modification of support obligation; missed shared custody time as affecting support obligation; earning capacity calculation; income included in calculation; including tax refund in income calculation; calculation based on 40 hour work week
(sck090716a)
(Posted: September 7th 2016)
Civil:
Appeal from arbitration; standard of review; presumption of common law arbitration; requirements to modify a common law arbitration award; claimed irregularity that renders an inequitable and unconscionable award where irregularity claimed to be the result itself and not relating to the process employed
(mirapoint080116g)
(Posted: September 6th 2016)
Civil:
Motions for summary judgment; piercing the corporate veil; presumption; using control of corporation or corporate assets to further personal interests; relitigating amounts determined in judgment on mechanic's lien
(Linde090116g)
(Posted: September 6th 2016)
Commonwealth vs. Coleman
9.2.2016
Marc F. Lovecchio
Criminal:
Post-sentence motion; sentencing discretion; defendant deprived of an individualized sentence; harsh and_x000d_
unreasonable sentence; challenge to sentence as challenge to entire sentencing plan; drug activities creating substantial hazard to community
(Coleman090216L)
(Posted: September 2nd 2016)
Capital One NA vs. Diehl
9.1.2016
Dudley N. Anderson
Civil:
Petition to open judgment; mortgage foreclosure; negotiations as legitimate excuse for failure to file answer; meritorious defense; standing to bring action; succession to ownership; subject matter jurisdiction; evaluation for HAMP eligibility; lack of legislative mandate to decrease the jurisdiction of court
(capitalone090116a)
(Posted: September 1st 2016)
AC Adoption
9.1.2016
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; settled purpose to relinquish parental claim to a child or_x000d_
failure to perform parental duties for at least six months; question of whether a bond exists between child_x000d_
and parent
(AdoptionofAC090116m)
(Posted: September 1st 2016)
Commonwealth vs. Bodle
8.31.2016
Marc F. Lovecchio
Criminal:
Appeal; denial of request for new trial after hearing on post conviction relief act petition; ineffective assistance of counsel; failure to call character witnesses; awareness of counsel of possible witnesses at time of trial; ability of witness to provide reputation evidence rather than personal opinion; potential credibility of character witnesses due to lack of knowledge of defendant's unfavorable admissions; opening door to witnesses to testify about defendant's bad reputation; lack of prejudice; admissibility of reputation for truthfulness in child pornography case; strategic reasons for refusing to subpoena records that may have corroborated a witnesses testimony
(Bodle083116L)
(Posted: August 31st 2016)
Commonwealth vs. Burrell
8.31.2016
Marc F. Lovecchio
Criminal:
Post-sentence motion; trial in absentia due to non-appearance of defendant; consideration of motions filed while defendant was a fugitive; burden of Commonwealth to prove that defendant's absence was without cause; proof that defendant received notice of trial date in open court; forfeiture of right to file post-sentence motions
(Burrell083116L)
(Posted: August 31st 2016)
Commonwealth vs. Jennings
8.31.2016
Marc F. Lovecchio
Criminal:
Motion to dismiss under rule 600; computing delay caused by Commonwealth's lack of due diligence; delays related to discretionary discovery request
(Jennings083116L)
(Posted: August 31st 2016)
Commonwealth vs. Andrews
8.30.2016
Nancy L. Butts
Criminal:
Timeliness of post-conviction relief act petition; extension of time due to re-sentencing; illegal sentence
(Andrews083016bt)
(Posted: August 30th 2016)
Commonwealth vs. Young
8.30.2016
Nancy L. Butts
Criminal:
Post-conviction relief act petition; voluntariness of guilty plea; guilty plea colloquy; defendant understands nature of charges against him; ineffective counsel for failure to file suppression motion; waiver of pre-trial motions
(Young083016bt)
(Posted: August 30th 2016)
Commonwealth vs. Ford
8.30.2016
Nancy L. Butts
Criminal:
Post-conviction relief act petition; timeliness; newly discovered evidence exception claim pertaining to witness who previously testified
(Ford083016bt)
(Posted: August 30th 2016)
Commonwealth vs. Dymeck
8.30.2016
Nancy L. Butts
Criminal:
Suppression motion; timeliness; probable cause to stop and search; mere encounter; permissibility of search of pockets of someone who is being detained during an investigative detention
(Dymeck083016bt)
(Posted: August 30th 2016)
LRF vs. DWF
8.29.2016
Dudley N. Anderson
Support:
Appeal of support order; credibility of business financial documentation; use of earning capacity evidence; evidence of manipulation of business opportunities
(LRF082916A)
(Posted: August 29th 2016)
Commonwealth vs. MAB
8.29.2016
Nancy L. Butts
Criminal:
Post-conviction collateral relief motion; timeliness; newly discovered evidence exception to time requirement; victim recanting incriminating statements as newly discovered evidence where defendant admitted to crime
(MAB082916bt)
(Posted: August 27th 2016)
Commonwealth vs. Rivera
8.29.2016
Nancy L. Butts
Criminal:
Post-conviction relief act petition; bootcamp eligibility; legal basis to grant relief
(Rivera082916bt)
(Posted: August 27th 2016)
Commonwealth vs. Weller
8.29.2016
Nancy L. Butts
Criminal:
Post-conviction relief act motion; credit for time served; start time of concurrent sentence; computation of prior record score; sentence based on plea agreement
(Weller082916bt)
(Posted: August 27th 2016)
Commonwealth vs. Mays
8.22.2016
Nancy L. Butts
Criminal:
Appeal; sufficiency of evidence of intent to deliver heroin; credibility of witnesses; proof of quantity for sentencing purposes; elements of conspiracy; sufficiency of evidence of criminal use of a communication facility; factors considered when determining sentence; challenge to discretionary aspect of sentence; treatment purpose of state intermediate punishment program
(Mays082216bt)
(Posted: August 24th 2016)
Commonwealth vs. Scarantino
8.24.2016
Marc F. Lovecchio
Criminal:
Motion challenging costs of prosecution; crime lab user fees; recovery of costs of tests to determine if homicide occurred, where homicide was not charged; costs necessary to prove elements of crime charged
(Scarantino082415L)
(Posted: August 24th 2016)
Commonwealth vs. Person
8.22.2016
Marc F. Lovecchio
Criminal:
Habeas corpus petition; violation of employment reporting requirements under SORNA; Issues concerning credibility and weight of Commonwealth exhibits and testimony; jury issues; repeated failures to report as multiple offenses
(Person082216L)
(Posted: August 22nd 2016)
Commonwealth vs. Wilcox
8.22.2016
Nancy L. Butts
Criminal:
Appeal; sufficiency of evidence of sexual abuse where victim does not testify; testimony of forensic interviewer; unavailability under tender years doctrine; coordinate jurisdiction rule; denial of continuance request; harmless error
(Wilcox082216bt)
(Posted: August 22nd 2016)
Commonwealth vs. Bell
8.19.2016
Dudley N. Anderson
Criminal:
Motion to reconsider denial of motion to dismiss in light of Birchfield v. North Dakota; constitutionality of implied consent law; fourth amendment right to refuse a warrantless blood test; refusal to take test as consciousness of guilt; preservation of issue; futility of trial objection; new trial
(Bell081916a)
(Posted: August 19th 2016)
Commonwealth vs. Graham
8.16.2016
Marc F. Lovecchio
Criminal:
Motion to correct illegal sentence treated as post conviction relief act petition; timeliness; jurisdiction of the court
(Graham081616L)
(Posted: August 17th 2016)
Criminal:
Suppression motion; probable cause to stop vehicle; constitutionality of implied consent statute in light of Birchfield v. North Dakota
(Greninger081716bt)
(Posted: August 17th 2016)
Civil:
Preliminary objections to complaint joining indispensable parties; statute of limitations; date actual controversy arose in case involving interpretation of statute and lease; claimed survival of quiet title actions, even if declaratory judgment actions are time-barred; inextricably intertwined causes of action; subject matter jurisdiction of court where indispensable parties are dismissed; factual issues preventing dismissal of claims
(Southwestern081716a)
(Posted: August 17th 2016)
Commonwealth vs. Sampsell
8.10.2016
Nancy L. Butts
Criminal:
Prisoner's request to stop deductions from prison account; jurisdiction of the court; Department of Corrections guidelines
(Sampsell081016bt)
(Posted: August 15th 2016)
Commonwealth vs. Smith
8.11.2016
Marc F. Lovecchio
Criminal:
Appeal; discretion of court to dismiss suppression motion as untimely; waiver of suppression issues by pleading guilty; credibility of excuses for late filing of suppression motion; interests of justice
(Smith081116L)
(Posted: August 11th 2016)
Commonwealth vs. Clement
7.28.2016
Nancy L. Butts
Criminal:
Habeas corpus petition; charges of risking a catastrophe and criminal mischief; damaged water pipe in hotel room; prima facie case; discovery request
(Clement072816bt)
(Posted: August 7th 2016)
Commonwealth vs. Jennings
7.27.2016
Marc F. Lovecchio
Criminal:
Commonwealth's motion for discovery; defendant's eyewitnesses; prerequisites to discovery; trial by ambush; discovery reasonable, material and necessary to the preparation of the Commonwealth's case
(Jennings072716L)
(Posted: July 28th 2016)
Sanner Estate
7.27.2016
Nancy L. Butts
Wills and Estates:
Petition for settlement of small estate; decedent's interest in real property; appropriateness of small estate petition; sua sponte order appointing administrator
(Sanner072716bt)
(Posted: July 28th 2016)
McClure Estate
7.25.2016
Nancy L. Butts
Wills and Estates:
Petition to settle small estate; appropriateness of small estate petition where letters granted to petitioner; lack of evidence of filing of estate tax return
(McClure072516bt)
(Posted: July 25th 2016)
Commonwealth vs. Wylie
6.17.2016
Nancy L. Butts
Criminal:
Nominal bail motion; rule 600 calculation; defendant who is a flight risk and a dangerous individual; conditions_x000d_
other than imprisonment that will reasonably assure safety of community
(Wylie061716bt)
(Posted: July 25th 2016)
Commonwealth vs. Smith
7.22.2016
Dudley N. Anderson
Criminal:
Appeal; DUI conviction; admission of statement of defendant to police that he had been driving the car where there was no independent evidence of such; claimed violation of corpus delecti rule; circumstantial evidence
(Smith072216a)
(Posted: July 25th 2016)
Commonwealth vs. Packer
7.18.2016
Marc F. Lovecchio
Criminal:
Appeal of post conviction relief act petition dismissal; timeliness; retroactive application of decisional law
(Packer071816L)
(Posted: July 22nd 2016)
Commonwealth vs. Mays
7.22.2016
Dudley N. Anderson
Criminal:
Appeal; sufficiency of evidence of heroin possession and delivery
(Mays072216a)
(Posted: July 22nd 2016)
Guffy Estate
7.22.2016
Marc F. Lovecchio
Wills and Estates:
Motion for surcharge or adjustment; fiduciary duty of agent under power of attorney; alleged confidential relationship; motion for summary judgment; decedent's intent under trust agreement; construction of declaration of trust
(guffy072216L)
(Posted: July 22nd 2016)
Commonwealth vs. Spencer
7.11.2016
Marc F. Lovecchio
Criminal:
Suppression motion; attempted murder case; conversations with defendant while he was being transported from Philadelphia; Miranda rights; circumstances surrounding signing of waiver form; voluntariness of waiver in light of use of drugs and alcohol; suppression of intercepted wiretap conversation for lack of appropriate documentation; aggrieved person; vicariously asserting privacy rights of others; motion in limine to police officers from narrating surveillance videos; witness use of surveillance videos to assist jury in understanding testimony
(Spencer071116L)
(Posted: July 15th 2016)
Commonwealth vs. Zieber
7.14.2016
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court; subsequent decisional law issue; retroactive effect
(Zeiber071416L)
(Posted: July 14th 2016)
Commonwealth vs. Thomas
7.14.2016
Nancy L. Butts
Criminal:
Post sentence motion nunc pro tunc; timeliness; jurisdiction to revise sentencing order; reasonableness of sentence
(Thomas071416bt)
(Posted: July 14th 2016)
Commonwealth vs. Jean
7.11.2016
Marc F. Lovecchio
Criminal:
Appeal; unduly harsh and excessive sentence following the revocation of intermediate punishment; applicability of sentencing guidelines
(jean071116L)
(Posted: July 13th 2016)
Commonwealth vs. Perez
7.11.2016
Nancy L. Butts
Criminal:
Motion for independent DNA testing; probable cause to test third party's DNA at request of defendant; authority of the court to order disclosure of evidence; voluntary submission to testing
(PEREZ071116bt)
(Posted: July 13th 2016)
Commonwealth vs. CHP
6.17.2016
Nancy L. Butts
Criminal:
Pretrial motions to compel discovery, quash subpoena and under Rape Shield Law; disclosure of school disciplinary records; disclosure of confidential communications to school personnel; Federal Family Educational Rights and Privacy Act disclosures; evidence tending to directly exculpate the accused by showing that the alleged victim has a motive to lie, fabricate, or seek retribution; in camera review; consideration of prejudice
(CHP061716bt)
(Posted: July 13th 2016)
Civil:
Motions for summary judgment; insurance coverage dispute; interpretation of designated insured endorsement; insurance required by contract; conditional dependent clause eliminating coverage granted by endorsement; illusory contract, inconsistent with the reasonable expectation of insured; permissive user coverage
(QCEnergy063016g)
(Posted: June 30th 2016)
Adoption of OGS and KKS
6.29.2016
Joy Reynolds McCoy
Adoption:
Involuntary termination of parental rights; settled purpose to relinquish parental claim to child or failure to perform parental duties for at least six months; bond existing between the child and parent
(AdoptionofOGSandKKS062916m)
(Posted: June 30th 2016)
DLR vs. LR
6.27.2016
Joy Reynolds McCoy
Divorce:
Exceptions to master's report; failure to award alimony due to cohabitation; arrangement with paramour that is more than just an occasional sexual liaison; lack of commingling of funds; extended relationship with paramour; adequacy of accounting of proceeds of home equity loan; lack of award of health insurance where wife received a lump sum payment and has access to insurance at work; valuation of annuity and responsibility for tax consequences, on distribution
(rdr062716m)
(Posted: June 29th 2016)
Commonwealth vs. Hays
6.17.2016
Richard A. Gray
Criminal:
Commonwealth motion in limine to preclude evidence of comments of trooper that he assumes a DUI in a crash case and as to the high number of his DUI arrests; relevancy where there is evidence of high BAC level; danger of unfair prejudice, confusing the issues, and/or misleading the jury; defense claim of cognitive bias
(Hays061716g)
(Posted: June 26th 2016)
CFP vs. REP
6.22.2016
Joy Reynolds McCoy
Divorce:
Petition to enforce property settlement agreement; unambiguous contract; determination of the intent of the parties; buyer's remorse as a defense; enforceability of agreement labeled "draft" after it was signed and partially implemented
(CFP062216m)
(Posted: June 24th 2016)
Commonwealth vs. Forsythe
6.17.2016
Nancy L. Butts
Criminal:
Commonwealth appeal; suppression motion; strictly construction of agreement between District Attorney and_x000d_
the Attorney General of the Commonwealth; enforcement of Municipal Drug Task Force agreement
(Forsythe061716bt)
(Posted: June 17th 2016)
Commonwealth vs. Jackson
6.15.2016
Marc F. Lovecchio
Criminal:
Appeal; voluntary manslaughter conviction; sufficiency of evidence to disprove claim of self-defense; efforts to hide evidence; sufficiency of evidence of aggravated assault; waiver of issues not raised in the trial court; malice; logically inconsistent verdict; expert testimony that defendant reasonably believed that he was in imminent danger of death or great bodily harm; relevance and probative value of expert testimony; testimony solely for the purpose of buttressing credibility of defendant; admissibility of evidence on objective element of defendant's state of mind; admissibility of stipulated PFA order; cumulative evidence; harmless error; evidence of turbulent or dangerous character of decedent; acts known to defendant at time of homicide; dissimilar and remote assault conviction evidence
(Jackson061516L)
(Posted: June 15th 2016)
Commonwealth vs. Green
6.14.2016
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle search; reasonable suspicion to stop vehicle because of belief that criminal activity, namely a narcotics transaction, was afoot and for a violation of the vehicle code; probable cause for a warrantless search of a motor vehicle after viewing transaction consistent with controlled substance delivery
(Green061416L)
(Posted: June 14th 2016)