Civil:
Non-jury verdict; forfeiture; convicted drug dealer; seized cash; claimed settlement from work injury and from bingo winnings; nexus between money and property, and illegal drug activity; shifting burden of establishing that funds came from legitimate source; credibility of explanation for source of cash
($34077USCurrency091214g)
(Posted: September 16th 2014)
Niklaus and O'Dell vs. Wild
9.16.2014
Dudley N. Anderson
Civil:
Motion for new trial; zero verdict; admitted negligence; causation issue; admissibility of Social Security disability determination; pre-existing conditions; cumulative evidence; prejudicial impact; weight of evidence; unrebutted expert testimony; factual basis of expert's opinion attacked on cross examination
(Niklaus091614a)
(Posted: September 16th 2014)
Commonwealth vs. Beatty
9.11.2014
Nancy L. Butts
Criminal:
Appeal; authority of court to modify sentence more than 30 days after imposition; appealability of challenge to legality of sentence; credit against more than one sentence for same time served
(Beatty091114bt)
(Posted: September 15th 2014)
Commonwealth vs. Smith
9.11.2014
Nancy L. Butts
Criminal:
Suppression motion; vehicle stop of driver in mistaken belief that she was another person, whose license was suspended; DUI arrest; good faith exception; objectively reasonable mistake
(Smith091114bt)
(Posted: September 15th 2014)
Criminal:
Habeas corpus opinion; attempted murder charges; evidence of intent to kill; presumption of specific intent to kill from use of gun on vital part of victim's body
(Washington091114bt)
(Posted: September 15th 2014)
In re: SP
9.8.2014
Marc F. Lovecchio
Administrative Appeal:
Petition for review of involuntary commitment; compliance with procedures of Mental Health Act; determination of whether petitioner is severely mentally disabled and in need of treatment in that he presents a danger to himself or others
(sp090814L)
(Posted: September 10th 2014)
Commonwealth vs. McHenry
9.8.2014
Marc F. Lovecchio
Criminal:
Habeas corpus petition; failure of sexual offender to register new address; occasional sleeping over with girlfriend; established domicile; status as transient; registration of temporary lodging
(McHenry090814L)
(Posted: September 10th 2014)
Commonwealth vs. Kirkland
9.2.2014
Marc F. Lovecchio
Criminal:
Petition for return of property; credibility of testimony of alleged theft; available remedies where police disposed of property to other than rightful owner
(kirkland090314L)
(Posted: September 5th 2014)
Commonwealth vs. Trapp
9.5.2014
Marc F. Lovecchio
Criminal:
Commonwealth's motion to preclude expert testimony regarding eyewitness identification; delayed notice of intention to use expert witness; discretion of court; case neither solely nor primarily based on eyewitness testimony
(Trapp090514L)
(Posted: September 5th 2014)
Flynn Estate
9.5.2014
Marc F. Lovecchio
Wills and Estates:
Petition to purchase property; interpretation of family agreement; conveyance of real estate to joint tenants with right of survivorship; intentions of the parties; clear and unambiguous contract; integration clause; use of parol evidence
(Flynn090514L)
(Posted: September 5th 2014)
Commonwealth vs. Bodle
9.5.2014
Marc F. Lovecchio
Criminal:
Appeal
(Bodle090514L)
(Posted: September 5th 2014)
Commonwealth vs. Kemp
9.5.2014
Marc F. Lovecchio
Criminal:
Appeal
(Kemp090514L)
(Posted: September 5th 2014)
Commonwealth vs. Dye
9.3.2014
Richard A. Gray
Criminal:
Appeal; suppression issue; good cause for not obtaining blood sample within 2 hours; establishing specific timeline of events on the record; evidence of variables that led to blood draw occurring outside 2-hour window
(dye090314g)
(Posted: September 3rd 2014)
Commonwealth vs. Scott
8.29.2014
Nancy L. Butts
Criminal:
Post-conviction relief act petition; ineffective counsel; relating contents of pre-sentence investigation report; claim of court bias for requiring a home plan before parole; failure of counsel to request concurrent sentence; likelihood of different outcome; legality of sentence of probation violator
(Scott082914bt)
(Posted: September 3rd 2014)
Commonwealth vs. Johnson
8.29.2014
Nancy L. Butts
Criminal:
Appeal; excessive and unreasonable sentence for rape; consideration of relevant factors
(Johnson082914bt)
(Posted: September 3rd 2014)
Commonwealth vs. Osborne
8.29.2014
Nancy L. Butts
Criminal:
Habeas corpus petition; assault case; viability of memory of victim who had a 0.357% blood alcohol level and who had used marijuana; prima facie case; issues for the finder of fact
(Osborne082914bt)
(Posted: September 3rd 2014)
Administrative Appeal:
Appeal of conditional use approval, installation of gas well pad; waiver by failure to raise before the board; burden of proof to show compliance with requirements of zoning ordinance; statutory interpretation; deference to municipality's interpretation; interpretation of ambiguous language; substantial evidence that proposed use is similar to other uses permitted in zone; abuse of discretion; sufficiency of evidence; consideration of general purpose of particular zone; burden to prove detriment to public health, safety and_x000d_
welfare of the neighborhood
(Gorsline082914L)
(Posted: August 31st 2014)
Commonwealth vs. Riggle
8.29.2014
Nancy L. Butts
Criminal:
Appeal; mandatory minimum sentence for sex crime with a minor; failure to submit to jury; violation of 6th amendment; jury determination of element essential to imposition of mandatory sentence; due process concerns in fixing the date of offenses which involve continuous course of criminal conduct
(Riggle082214bt)
(Posted: August 31st 2014)
Commonwealth vs. Turner
8.27.2014
Marc F. Lovecchio
Criminal:
Commonwealth's motion in limine; renunciation defense; retail theft; inchoate crimes; taking possession of property with the intention of depriving merchant of property as allegation of "attempt"; voluntariness of renunciation
(Turner082714L)
(Posted: August 27th 2014)
Commonwealth vs. Clay
8.19.2014
Nancy L. Butts
Criminal:
Suppression motion; instruction to "show your hands" as a seizure; investigative detention; reasonable suspicion; totality of circumstances; coerced abandonment of firearm
(Clay081914bt)
(Posted: August 23rd 2014)
Commonwealth vs. Deprenda
8.5.2014
John B. Leete, Specially Presiding
Criminal:
Petition for writ of habeas corpus; charges related to death resulting from police chase; admissibility of in-service training course taken by officer on emergency vehicle operation; hearsay objection; conditional privilege of operators of emergency vehicles; due regard for safety; evidence of reckless conduct; foreseeability; contributory negligence of deceased driver as defense to vehicular homicide
(deprenda080514Leete)
(Posted: August 20th 2014)
JMH Adoption
8.18.2014
Joy Reynolds McCoy
Adoption:
Petition for termination of parental rights; lack of any contact of child with father; settled purpose to relinquish a parental claim or failure to perform parental duties for at least 6 months; obstacles preventing contact with child; Father demonstrating only passing interest in child; lack of bond with father; existing bond with proposed adoptive father
(AdoptionofJH081814m)
(Posted: August 20th 2014)
Criminal:
Motion in limine to preclude blood tests; DUI arrest; suppression of blood tests; blood drawn without warrant; lack of exigent circumstances; constitutionality of implied consent laws; voluntariness of consent to draw blood; coercion by threat of more jail time for refusal
(Altman081514bt)
(Posted: August 19th 2014)
ALR Adoption
8.18.2014
Joy Reynolds McCoy
Adoption:
Petition for termination of parental rights; lack of any contact of child with father; settled purpose to relinquish a parental claim or failure to perform parental duties for at least 6 months; failure to contest termination petition; lack of bond with father; existing bond with proposed adoptive father.
(AdoptionofAR081814m)
(Posted: August 18th 2014)
TG Adoption
8.15.2014
Joy Reynolds McCoy
Adoption:
Petition for termination of parental rights; lack of any contact of child with father for several years; settled purpose to relinquish a parental claim or failure to perform parental duties for at least 6 months; lack of bond with father; existing bond with proposed adoptive father
(AdoptionofTG081514m)
(Posted: August 16th 2014)
Commonwealth vs. Rhinehart
8.13.2014
Marc F. Lovecchio
Criminal:
Appeal; sufficiency of evidence of endangering the welfare of child; credibility of witnesses; use of bath salts while responsible for care of child
(rhinehart081314L)
(Posted: August 13th 2014)
Commonwealth vs. Amos
8.13.2014
Marc F. Lovecchio
Criminal:
Appeal; timeliness; eligibility for RRRI sentence under statutory definition; waiver of RRRI as a part of plea agreement
(Amos081314L)
(Posted: August 13th 2014)
Administrative Appeal:
Appeal of District Attorney's decision to deny request for the filing of a private criminal complaint; ability to convince jury beyond a reasonable doubt of guilt of defendant; reasonable question as to defendant's innocence; abuse of discretion standard; comparing facts in unrelated criminal prosecution; claimed discriminatory intent; ordinary exercise of prosecutorial discretion involving evaluation of the evidence
(mcclure081314a)
(Posted: August 13th 2014)
Commonwealth vs. Weeks
7.28.2014
Nancy L. Butts
Criminal:
Post-conviction relief act petition; ineffective counsel; claimed defective search warrant; substantial nexus between gun used in the crime and place to be searched
(Weeks072814bt)
(Posted: August 12th 2014)
Commonwealth vs. Williams
7.28.2014
Nancy L. Butts
Criminal:
Post-sentence motion; sufficiency of evidence of robbery; defendant participated in attack as a member of a group; weight of the evidence; verdict shocking the court's sense of justice
(Williams072814bt)
(Posted: August 12th 2014)
Criminal:
Motion to suppress; reasonable suspicion for traffic stop and to request field sobriety tests; probable cause to request blood sample
(Hernandez073014bt)
(Posted: August 12th 2014)
Commonwealth vs. Lee
8.1.2014
Nancy L. Butts
Criminal:
Appeal; sufficiency of evidence of retail theft; concealing unpurchased property in store; sentencing discretion; significant history of offenses and violations of supervision rules
(Lee080114bt)
(Posted: August 12th 2014)
Commonwealth vs. Bonner
8.7.2014
Richard A. Gray
Criminal:
Defendant's motion for habeas corpus - motion to dismiss charges; prima facie finding that defendant intended to commit crime; sufficiency of evidence of burglary
(bonner080714g)
(Posted: August 10th 2014)
Commonwealth vs. Miller
8.8.2014
Richard A. Gray
Criminal:
Defendant's motion for habeas corpus to dismiss the charges of simple assault, criminal mischief and harassment; sufficiency of evidence; intent to cause or causing serious bodily injury; grading of criminal mischief
(miller080814g)
(Posted: August 10th 2014)
Commonwealth vs. Wallace
8.7.2014
Marc F. Lovecchio
Criminal:
Commonwealth's motion to forfeit bail; remission of bail forfeiture; commercial bondsman; deterrence value of forfeiture; interests of justice; duty of bail bondsman; partial forfeiture
(Wallace080714L)
(Posted: August 7th 2014)
Commonwealth vs. Kanski
8.5.2014
Marc F. Lovecchio
Criminal:
Pretrial motion; timeliness; cause shown; negligence or mere inadvertence by counsel; resulting injustice; probable cause for DUI arrest; roadblock
(Kanski080514L)
(Posted: August 5th 2014)
Commonwealth vs. Charles
8.5.2014
Marc F. Lovecchio
Criminal:
Suppression motion; traffic stop; probable cause; observed window tinting violation
(charles080514L)
(Posted: August 5th 2014)
Hawkes Estate
8.3.2014
Marc F. Lovecchio
Wills and Estates:
Petition to compel transfer of asset; doctrine of merger by deed; hiding assets from spouses or creditors; statute of frauds; set-off claim
(Hawkes080314L)
(Posted: August 4th 2014)
PennDOT vs. Lyon
8.1.2014
Joy Reynolds McCoy
Administrative Appeal:
License suspension appeal; denial of motion for reconsideration; timeliness of appeal; refusal to give blood for testing in DUI arrest; inability to make knowing and conscious refusal of testing caused by consumption of alcohol; discretion of court to deny continuance request; termination of attorney on date scheduled for trial
(Lyon080114m)
(Posted: August 4th 2014)
Civil:
Motion for partial judgment on the pleadings; mineral rights; tax sale; authority of taxing authorities to tax mineral rights; retroactive effect of court decision to overturn 1932 tax sale; application of Dunham Rule defining "mineral rights" to tax sale; interpretation of viability of reservations in ancient deeds; interpretation of assessment records; presumption that tax sale followed required actions absent affirmative proof to contrary
(Cornwall080414a)
(Posted: August 4th 2014)
Civil:
Appeal; striking of default judgment; defect on the face of the judgment; review of factual record as opposed to reliance on disputed facts; ability of trial court to contravene appellate authority based on opinion of concurring appeal court judge
(NorthernForests080414a)
(Posted: August 4th 2014)
Civil:
Preliminary objections to amended complaint; dog bite; interpretation of Dog Law; strict liability for medical expenses; delineation of responsibility of Commonwealth to pay medical expenses
(Warner080414a)
(Posted: August 4th 2014)
Commonwealth vs. Smith
8.4.2014
Dudley N. Anderson
Criminal:
Appeal; post conviction relief act petition dismissal; voluntary nature of guilty plea; written guilty plea colloquy; acknowledgement of understanding of sentence in open court; failure to file appeal; lack of prejudice
(smith080414a)
(Posted: August 4th 2014)
Commonwealth vs. Short
7.31.2014
Marc F. Lovecchio
Criminal:
Motion to suppress nunc pro tunc; lawful mere encounter; claim of forced abandonment; headlong flight suggesting wrongdoing giving rise to reasonable suspicion; probable cause to arrest
(short073114L)
(Posted: August 3rd 2014)
Commonwealth vs. Jackson
8.1.2014
Richard A. Gray
Criminal:
Post conviction relief act hearing on remand from Superior Court; ineffective assistance of counsel; failure to_x000d_
object to testimony about defendant's prior drug activity; trial counsel strategy lacking reasonable basis; attempt to undermine witness credibility; admissibility of evidence of bad acts; res gestae exception; chain or sequence of events; prejudice
(jackson080114g)
(Posted: August 3rd 2014)
Commonwealth vs. Snyder
7.16.2014
Marc F. Lovecchio
Criminal:
Motion to suppress; reasonable suspicion for traffic stop; DUI case; officer's observation of traffic violations
(Snyder071614L)
(Posted: July 23rd 2014)
Commonwealth vs. Boyd
6.27.2014
Marc F. Lovecchio
Criminal:
Motion to suppress contents of telephone conversation with mother; applicability of Wire Tapping and Electronic Surveillance Control Act; aggrieved persons; consent to recording cellular telephone call in police interview room
(Boyd062714L)
(Posted: July 21st 2014)
Commonwealth vs. Graham
7.21.2014
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel; failure to raise identification issues; litigation strategy; lack of improper police conduct resulting in suggestive identification; issues previously litigated or waived; viability of challenge to fingerprint evidence; claimed violation of Constitutional rights by using testimony of former girlfriend; inapplicability of sentencing guidelines where mandatory sentence applied; speedy trial rights; delays attributable to defendant; timeliness of the Commonwealth's witness disclosure
(Graham072114L)
(Posted: July 21st 2014)
Commonwealth vs. Dunn
7.21.2014
Marc F. Lovecchio
Criminal:
Habeas corpus motion; terroristic threats by making threatening statements against the family of a Pennsylvania State Police trooper; statements made in a moment of anger; prima facie case
(Dunn072114L)
(Posted: July 21st 2014)
LH vs. JH
7.9.2014
Joy Reynolds McCoy
Divorce:
Motion to enforce spousal support agreement; offer and acceptance; clear and unambiguous language of agreement; reasonableness of timing of acceptance
(LH070914m)
(Posted: July 19th 2014)
Commonwealth vs. Dotson
7.18.2014
Marc F. Lovecchio
Criminal:
Appeal; intermediate punishment modification upon violation; waiver of objections
(Dotson071814L)
(Posted: July 19th 2014)
Commonwealth vs. Wills
7.17.2014
Richard A. Gray
Criminal:
Motion to amend the information to add substantive offenses; defect in form or description; prejudice; sufficiently similar offense elements; timing allowing for notice and preparation by defense
(Wills071714g)
(Posted: July 17th 2014)
Civil:
Non-jury verdict; forfeiture of seized property; traffic stop; search and seizure of heroin, marijuana, cocaine and cash; drug conviction; credibility; corroborating testimony
(impala25071014g)
(Posted: July 15th 2014)
Commonwealth vs. Lanier
7.11.2014
Nancy L. Butts
Criminal:
Post-sentence motion; summary offense conviction; sufficiency of evidence of harassment; weight of the evidence; excessive sentence
(Lanier071114bt)
(Posted: July 15th 2014)
Commonwealth vs. Clark
7.11.2014
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness
(Clark071114bt)
(Posted: July 15th 2014)
Commonwealth vs. Barker
7.11.2014
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness
(Barker071114bt)
(Posted: July 15th 2014)
Commonwealth vs. Harding
7.8.2014
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion of a violation of the motor vehicle code to stop a car; combination of innocent facts, after speeding violation, warranting further investigation; reasonable suspicion to justify canine sniff of automobile; probable cause for search warrant
(Harding070814bt)
(Posted: July 9th 2014)
Civil:
Preliminary objections; DUI related accident; pleading negligent entrustment; dram shop common-law negligence; asset sale and liability of new company for the debts and liabilities of the selling company; liability of estate for tort of administrators; speaking demurrer alleging facts not in complaint
(Barr070714g)
(Posted: July 8th 2014)
LA vs. AD
7.2.2014
Joy Reynolds McCoy
Custody:
Petition to transfer venue from North Carolina to Lycoming County; exclusive, continuing jurisdiction; no parental connection to North Carolina; jurisdiction of Pennsylvania court; effect of the forum selection clause in custody agreement, that would litigate child custody dispute in court that lacks subject matter jurisdiction
(Dority070214m)
(Posted: July 3rd 2014)
Commonwealth vs. Beamer
6.30.2014
Richard A. Gray
Criminal:
Appeal; nonjury verdict; sufficiency of the evidence; DUI; credibility; examination of witness about his consumption of alcohol; foundation and factual basis suggesting that witness may have been intoxicated
(Beamer063014g)
(Posted: July 2nd 2014)
Commonwealth vs. BH
6.23.2014
Nancy L. Butts
Criminal:
Petition for habeas corpus; prima facie case of drug possession, endangering a child and course of conduct; drug use in presence of child with meager attempts to hide use
(BH062314bt)
(Posted: June 26th 2014)
Criminal:
Appeal; unduly harsh and excessive sentence; revocation of probation; probationary order not serving its_x000d_
desired rehabilitation effect
(Shollenberger062314bt)
(Posted: June 26th 2014)
Commonwealth vs. Fisher
6.25.2014
Marc F. Lovecchio
Criminal:
Appeal; post conviction relief act petition; petition seeking credit for time served; waiver for failure to file rule 1925 statement; duplicate credit
(fisher052514L)
(Posted: June 25th 2014)
Greenwell vs. Maiorana
6.24.2014
Richard A. Gray
Civil:
Motion for summary judgment; trip and fall case; interpretation of joint tortfeaser release; release of heir of joint tortfeaser for heir's own negligence; indemnity or contribution claim
(greenwell052414g)
(Posted: June 24th 2014)
Commonwealth vs. Tawney
6.16.2014
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; sentencing guidelines applicability to sentences imposed as a result of probation or parole revocations; court's consideration of family circumstances during sentencing
(Tawney061614L)
(Posted: June 16th 2014)
Civil:
Preliminary objections; partition case; equitable interest in real property; available relief
(marzo061314g)
(Posted: June 13th 2014)
Commonwealth vs. Harris
6.2.2014
Marc F. Lovecchio
Criminal:
Motion to suppress; DUI; motor vehicle stop; probable cause; multiple violations of the motor vehicle code
(harris060214L)
(Posted: June 9th 2014)
Commonwealth vs. Frederick
6.9.2014
Marc F. Lovecchio
Criminal:
Post sentence motion for judgment of acquittal and for new trial; robbery and burglary offenses; sufficiency of identification evidence
(Frederick060914L)
(Posted: June 9th 2014)
Commonwealth vs. Ball
6.9.2014
Marc F. Lovecchio
Civil, Criminal:
Commonwealth motion to reconsider sentence; credit for presentencing incarceration against more than one sentence for the same time served; factors to be considered in sentencing; effect of incarceration on defendant's psychological conditions; appropriate sentence where incarceration is causing behavior of defendant to deteriorate
(Ball060914L)
(Posted: June 9th 2014)
Commonwealth vs. Kemp
6.9.2014
Marc F. Lovecchio
Criminal:
Post sentence motion; murder case; subject matter for expert testimony; use of term “execution style shooting”; oratorical flair in prosecutor's argument; coordinate jurisdiction rule; preclusion of expert testimony on effect of intoxication on defendant; harmless error; mistrial motion; Commonwealth medical witness called on to provide medical care to juror; cautionary instruction; expert testimony that knife is offensive weapon; admissibility of evidence of victim's companion's criminal record; relevance and remoteness; defendant opening the door to admissibility of precluded evidence; discretion of the court in admitting some but not all photographs of defendant's injuries; preclusion of evidence of defendant's "possible concussion"; requisite standard of certainty for expert testimony; evidence required for voluntary manslaughter and heat of passion instructions; sufficiency of evidence; self defense evidence; weight of the evidence; claimed excessive sentence
(Kemp060914L)
(Posted: June 9th 2014)
Commonwealth vs. Grimes
6.5.2014
Marc F. Lovecchio
Criminal:
Non-jury trial; DUI; sufficiency of evidence of vehicle operation; chemical testing timing; good cause as to why blood test sample could not be obtained within two hours; delay caused by defendant's extreme intoxication
(Grimes060514L)
(Posted: June 5th 2014)
Giles vs. Read
6.4.2014
Richard A. Gray
Civil:
Petition to file a motion for post-trial relief nunc pro tunc; direct appeal of non-jury verdict dismissed for failure to file post trial motions; extraordinary circumstances interfering with the timely filing of motion; several day delay between when prothonotary filed verdict and when it was mailed, claimed to have resulted in 3 month delay in filing post trial motions; equities considered
(Giles060414g)
(Posted: June 4th 2014)
Eiswert Estate
6.3.2014
Marc F. Lovecchio
Wills and Estates:
Objections to first and final account; extended delay is settling estate; executor's duty to the estate; disputes among family members and litigation; reasonableness of attorney and executor fees; reasonableness of executor's expenses; surcharge requests related to sales of real estate and condemnation settlement; dispute as to retention or distribution of real estate asset
(Eiswert060314L)
(Posted: June 3rd 2014)
Commonwealth vs. Hill
6.2.2014
Marc F. Lovecchio
Criminal:
Motion in limine to preclude bad acts; multiple incidents of violence toward spouse; prejudice; evidence as illustrative of continual abuse; motive; cautionary instruction
(hill060214L)
(Posted: June 2nd 2014)
Commonwealth vs. Ingram
5.23.2014
Marc F. Lovecchio
Criminal:
Extradition; petition for writ of habeas corpus; prima facie showing that crime was committed in demanding state; credibility of defendant; propriety of extradition papers; governor's warrant as prima facie evidence that the legal requirements have been met; authority of counsel to agree to extension of time for hearing.
(Ingram052314L)
(Posted: May 30th 2014)
Commonwealth vs. Feerrar
5.30.2014
Marc F. Lovecchio
Criminal:
Habeas corpus petition; reckless operation of a barrel train; sufficiency of evidence of commission of a crime; assault; existence of bodily injury; prima facie case; endangering welfare of child
(Feerrar053014L)
(Posted: May 30th 2014)
Commonwealth vs. Smith
5.29.2014
Richard A. Gray
Criminal:
Petition for post-conviction relief; ineffective assistance of counsel claim; failure to file suppression motion; search of parolee's home; reasonable suspicion; smell of marijuana; unlawfully induced guilty plea
(Smith052914g)
(Posted: May 29th 2014)
Civil:
Appeal; statute of limitations; lack of knowledge, mistake or misunderstanding; notice that a wrong has been committed; duty of diligent investigation
(pennlyco052914a)
(Posted: May 29th 2014)
Civil:
Petition for preliminary injunction; enforceability of covenant not to compete; agreement not to prosecute; voidable contract; ratification; termination for violation of company policy; overbroad covenant; interest in providing for family; recitals in contract agreeing to reasonableness of geographical and time limitations and inadequacy of legal remedies.
(Savoy052814a)
(Posted: May 28th 2014)
In the interest of APO
5.15.2014
Richard A. Gray
Criminal:
Juvenile's Motion seeking to prohibit testimony from Estimate of Risk for Adolescent Sexual Offense Recidivism (ERASOR) testing; Frye test; weight or admissibility of evidence; empirically backed instrument; assessment of risk factors; novel science; generally accepted methodologies; non-jury proceeding
(AP051514g)
(Posted: May 28th 2014)
Commonwealth vs. Bryant
5.28.2014
Joy Reynolds McCoy
Criminal:
Appeal; suppression motion; search of a home with permission of the owner's representative; sufficiency of the evidence; constructive possession of drugs
(Bryant52814m)
(Posted: May 28th 2014)
RJ vs. KS
5.20.2014
Joy Reynolds McCoy
Custody, Adoption:
Petition to establish paternity and for genetic testing; previous order for support and custody with another man, who may not be the father; child born outside of marriage
(rj052014m)
(Posted: May 21st 2014)
Civil:
Preliminary objections; action to quiet title to mineral rights; adverse possession; sufficiency of allegation of production; tacking on possession of predecessor; proof of actual possession by reference to improperly entered default judgment for possession
(northernforests052014a)
(Posted: May 20th 2014)
Commonwealth vs. Ricks
5.19.2014
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; waiver of issues
(Ricks051914bt)
(Posted: May 19th 2014)
Commonwealth vs. Jackson
5.16.2014
Marc F. Lovecchio
Criminal:
Suppression motion; warrantless search and seizure; legitimate expectation of privacy in storage area that was not locked and open for use of many individuals; abandoned property; voluntary consent of person with control over storage area that was searched
(jackson051614L)
(Posted: May 16th 2014)
Commonwealth vs. MN
5.12.2014
Nancy L. Butts
Criminal:
Petition for expungement; cause shown exception; claimed inability to find employment; criminal conviction admissible in court
(MN051214bt)
(Posted: May 13th 2014)
Civil:
Motion for summary judgment; real estate transfers made as an estate planning or asset protection plan; claims for breach of contract, promissory estoppel, fraud, support, undue influence, and an accounting; defenses of merger, the statute of frauds, the statute of limitations; sufficiency of evidence; matters not controlled by deed; factual issues for trial; motion in limine; parole evidence rule
(VanHorn051314a)
(Posted: May 13th 2014)
Commonwealth vs. Bodle
5.13.2014
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective assistance of counsel claim; character witnesses; evidence of a “pertinent” character trait; reputation for truthfulness; witness certification; failing to obtain evidence; fishing expedition; significance of evidence not obtained; admissibility of victim's disciplinary records to impeach credibility; failure to call expert to refute victim age testimony; effective cross examination of prosecution expert
(Bodle051314L)
(Posted: May 13th 2014)
Civil:
Petition to open judgment; timeliness of filing; meritorious defense; general denial of allegations in a boiler-plate fashion
(Fidler051314a)
(Posted: May 13th 2014)
Commonwealth vs. Mathers
5.8.2014
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel for failure to meet with her to prepare for trial; lack of factual support in the petition; lack of prejudice
(Mathers050814L)
(Posted: May 8th 2014)
Civil:
Motion for summary judgment; contract interpretation; deadlines for completion of work; need to file a claim before withholding liquidated and special damages; specific controlling the general
(wickersham050714g)
(Posted: May 7th 2014)
Commonwealth vs. Wilcox
5.2.2014
Marc F. Lovecchio
Criminal:
Commonwealth's motion to reconsider; case involving sexual assault of minor; admissibility of child's hearsay statements to forensic interviewer; functional equivalent of a law enforcement investigation; opportunity_x000d_
to cross-examine child about the alleged sexual abuse; rights to confrontation; Tender Years Hearsay Act; statement describing an enumerated offense; consciousness of guilt
(Wilcox050214L)
(Posted: May 2nd 2014)
Marchese vs. Jacobs
5.1.2014
Dudley N. Anderson
Civil:
Motion for summary judgment; automobile accident; sudden braking on highway for turning vehicle; stopped vehicle hit from rear; negligence of stopped vehicle; assured clear distance ahead and sudden emergency doctrines
(marchese050114a)
(Posted: May 1st 2014)
TH vs. SM, WL and TL
4.24.2014
Joy Reynolds McCoy
Custody:
Grandparent's petition to modify custody; incarcerated parent; unemployed and homeless parent; best interests of child; anger management and abuse issues; stability in child's education and home life; physical and emotional needs; presumption of parental custody
(th042414m)
(Posted: April 25th 2014)
Commonwealth vs. Jackson
4.24.2014
Marc F. Lovecchio
Criminal:
Motion to suppress; search and seizure; standing to assert rights of another; personal privacy interest; automatic standing; reasonable expectation of privacy in place where he visited and frequently visited; ability of owner of property to consent to search a closed bag
(Jackson042414L)
(Posted: April 25th 2014)
Commonwealth vs. Frederick
4.22.2014
Marc F. Lovecchio
Criminal:
Post sentence motions; sufficiency and weight of the evidence; late filed newly discovered evidence claim; entitlement to a hearing
(Frederick042214L)
(Posted: April 23rd 2014)
Commonwealth vs. Acosta
4.22.2014
Marc F. Lovecchio
Criminal:
Post sentence motion; weight of the evidence; conflict of evidence
(Acosta042214L)
(Posted: April 23rd 2014)