Civil:
Motion to dismiss cross-claim; timeliness under scheduling order; claim for indemnification; lack of legal relationship; imputed or constructive fault; claim for contribution where parties cannot be joint tort-feasors
(turkeyrun042214a)
(Posted: April 22nd 2014)
Civil:
Motion for a judgment on the pleadings; violations of the Sunshine Act; availability of legal remedies; time requirements for announcing executive sessions; specificity requirements; issues of fact; curative effect of later open meeting; clear right to the relief requested for injunction to issue; deminimis violations
(Centura 042114g)
(Posted: April 21st 2014)
Commonwealth vs. Wood
4.16.2014
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle stop; search and seizure of a gun; reasonable suspicion to believe that defendant was armed and dangerous; exhibiting disrespect toward law enforcement and providing false information
(Wood041614L)
(Posted: April 17th 2014)
Administrative Appeal:
Appeal of denial of conditional use application; water withdrawal and distribution facility; standard of review; compliance with all specific requirements of zoning ordinance; presumption of use consistent with the health, safety and general welfare of the community; shifting burden; specific or general requirements; traffic considerations
(centuradevelopment041714a)
(Posted: April 17th 2014)
Criminal:
Motion to compel response to request for bill of particulars; discharge of waste water from storage tank; sufficiency of notice of charges to prepare defense
(XTO041714L)
(Posted: April 17th 2014)
Administrative Appeal:
Land use appeal; denial of permit for operation of portable propane filling station; second principal use or incidental use; definition of retail business establishment to allow sale of merchandise; gas as merchandise; basis of Board's decision
(schultz040214a)
(Posted: April 15th 2014)
Commonwealth vs. Keller
4.14.2014
Marc F. Lovecchio
Criminal:
Habeas corpus petition; validity of bench warrant under which defendant is detained; good faith belief that warrant was valid; probable cause for arrest based on information from another trooper
(Keller041414L)
(Posted: April 14th 2014)
Criminal:
Habeas corpus petitions; attempted murder case; sufficiency of evidence; two people shooting a gun toward a crowd with only one bullet striking the victim; inferred specific intent
(CarrollMoyer041414L)
(Posted: April 14th 2014)
Commonwealth vs. McClay
4.14.2014
Marc F. Lovecchio
Criminal:
Venue change motion; internet article publicity; Lycoming County citizens as claimed victims; agency receiving money from Lycoming County due to contractual relationships
(McCloy041414L)
(Posted: April 14th 2014)
In re NT, a minor child
4.11.2014
Joy Reynolds McCoy
Adoption:
Agency petition for involuntary termination of parental rights; clear and convincing evidence; settled purpose to relinquish parental claim to child or failure to perform parental duties for at least six months; affirmative duty to cooperate with Agency; parental incapacity; needs and welfare of the child; parental bond
(AdoptionofNT41114m)
(Posted: April 11th 2014)
Commonwealth vs. Riggle
4.10.2014
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; failure to call motive to lie witness; reasonable basis for action; context of comments made by prosecutor in closing; failure to rebut expert witness testimony; showing that trial outcome would be different with different approach; refusal to introduce medical records of lack of injury to victim
(Riggle041014bt)
(Posted: April 11th 2014)
Commonwealth vs. Kendall
4.11.2014
Marc F. Lovecchio
Criminal:
Letter from prisoner treated as post conviction relief act petition; claimed unlawful aggregation of sentences; request for credit for time served
(Kendall041114L)
(Posted: April 11th 2014)
Civil:
Cross motions for summary judgment; suit to specifically enforce a right under a right of first refusal; statute of limitations; reasonable diligence
(pennlyco040814a)
(Posted: April 9th 2014)
Civil:
Preliminary objection to jurisdiction; dispute involving unsatisfactory teacher evaluation; declaratory judgment action; duty to arbitrate; questions for the arbitrator
(montgomeryareaschooldist 040714a)
(Posted: April 9th 2014)
Commonwealth vs. English
4.3.2014
Marc F. Lovecchio
Criminal:
Motion for release on nominal bail; rule 600 issue; calculation of excludable time
(English040314L)
(Posted: April 3rd 2014)
Commonwealth vs. Thomas
4.2.2014
Marc F. Lovecchio
Criminal:
Motion to preclude defendant from presenting alibi witness testimony; timeliness of notice; prejudice; limitations of the public defender office; obligation of public defender to proceed in a more proactive manner
(thomas040214L)
(Posted: April 2nd 2014)
Commonwealth vs. Brennan
4.2.2014
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause to make traffic stop; observations of erratic driving; reasonable suspicion of DUI
(Brennan040214L)
(Posted: April 2nd 2014)
In re McDermott Estate
3.24.2014
Marc F. Lovecchio
Criminal:
Preliminary objections to petition by DPW to transfer assets; real estate protector trust created during life of decedent; transfers made by guardians of estate of incapacitated person; standing of DPW to collaterally attack order appointing guardians and approving estate planning; required notice to DPW of hearing; jurisdiction of the court; factual issues regarding the transfer of assets
(McDermott032414L)
(Posted: April 1st 2014)
In re Adoption of CAG
3.21.2014
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; incarcerated parent; settled purpose to relinquish parental claim or failure to perform parental duties for at least six months; genuine effort to communicate with child while incarcerated; mother shielded from information of father's contacts with child while incarcerated; clear and convincing evidence
(AdoptionofCAG032114m)
(Posted: April 1st 2014)
Commonwealth vs. Phillips
3.31.2014
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle stop; reasonable suspicion; erratic and unexplainable driving
(Phillips033114L)
(Posted: April 1st 2014)
Commonwealth vs. Taylor
3.31.2014
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel for failing to request boot camp recommendation; eligibility for boot camp; prejudice; waiver; failure of Commonwealth to object on the record
(Taylor033114L)
(Posted: March 31st 2014)
Commonwealth vs. Wilson
3.31.2014
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court to address untimely challenge to legality of sentence
(Wilson033114L)
(Posted: March 31st 2014)
Commonwealth vs. Derr
3.31.2014
Marc F. Lovecchio
Criminal:
Appeal
(Derr033114L)
(Posted: March 31st 2014)
In re JH
3.27.2014
Marc F. Lovecchio
Administrative Appeal:
Mental health review; involuntary commitment; danger to self or others; procedural requirements; applicable standard of review; sufficiency of evidence
(jh032714L)
(Posted: March 27th 2014)
Commonwealth vs. Wilcox
3.27.2014
Marc F. Lovecchio
Criminal:
Motion to admit hearsay statements of child victim; Tender Years Hearsay Act; testimonial statements; confrontation rights; statements made in response to perceived emergency relating to allegations of abuse; particularized guarantees of trustworthiness surrounding circumstances under which statements were uttered; availability of child as witness; serious emotional distress
(wilcox032714L)
(Posted: March 27th 2014)
AR vs. TR
3.21.2014
Joy Reynolds McCoy
Divorce:
Petition to enforce property settlement agreement; viability of verbal agreement, that was partially implemented
(ar032114m)
(Posted: March 25th 2014)
Commonwealth vs. Bryant
3.21.2014
Joy Reynolds McCoy
Criminal:
Post conviction collateral relief act petition; ineffective counsel; timeliness of filing of post-sentence motion and appeal; timeliness of petition; governmental interference; errant order reinstating appeal rights
(Bryant032114m)
(Posted: March 25th 2014)
Criminal:
Appeal; sentencing discretion; revocation of probation; violation of conditions by failure to report for supervision and arrests for thefts
(McCormick032114bt)
(Posted: March 21st 2014)
Commonwealth vs. Blackman
3.21.2014
Nancy L. Butts
Criminal:
Motion for reconsideration; suppression; quantum of cause required to stop vehicle; reasonable suspicion or probable cause
(Blackman032114bt)
(Posted: March 21st 2014)
Commonwealth vs. Hoskins
3.20.2014
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel for failure to cross examine on whether the correct_x000d_
firearm was collected by police; denial of ownership of the gun at trial; prejudice
(Hoskins032014bt)
(Posted: March 20th 2014)
Commonwealth vs. Englert
3.20.2014
Nancy L. Butts
Criminal:
Post sentence motion; DUI; claimed illegal sentence
(Englert032014bt)
(Posted: March 20th 2014)
Commonwealth vs. Thomas
3.20.2014
Marc F. Lovecchio
Criminal:
Post conviction relief act petition seeking reinstatement of appeal rights; credibility of claim that counsel did not appeal as he requested
(Thomas032014L)
(Posted: March 20th 2014)
Hunsberger vs. Zechman
3.12.2014
Richard A. Gray
Civil:
Partition of real estate owned by joint tenants with the right of survivorship; petition for additional credits and clarification; property not capable of division without prejudice to or spoiling the whole; fair rental values; cotenant's improvements to common property; allocation of expenses
(Hunsberger031214g)
(Posted: March 12th 2014)
Civil, Criminal:
Motion to consolidate; attempted murder case; same series of acts or transactions constituting an offense; specific prejudice; two inconsistent defenses; judicial economy
(jones031014L)
(Posted: March 11th 2014)
In re Adoption of AJM
3.10.2014
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parental claim to a child; no recent visitation; lack of child support; vague testimony about conflicts with mother; bond existing between father and child; best interests of child
(AdoptionofAM031014m)
(Posted: March 11th 2014)
Commonwealth vs. Cooper
3.11.2014
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel; claimed coerced guilty plea; lack of prejudice where plea was withdrawn and defendant found guilty at trial; sufficiency of evidence; non-cognizable claim
(Cooper031114bt)
(Posted: March 11th 2014)
Commonwealth vs. Croucher
3.10.2014
Marc F. Lovecchio
Criminal:
Commonwealth motion for discovery; report of expert; results of additional tests performed by expert
(Croucher031014L)
(Posted: March 10th 2014)
Criminal:
Appeal; decision on consolidated case by judge of coordinate jurisdiction; suppression motion; refusal to allow introduction of additional evidence; no proffer of specific new evidence or of its previous unavailability
(Eiland031014g)
(Posted: March 10th 2014)
Commonwealth vs. Croucher
3.6.2014
Marc F. Lovecchio
Criminal:
Commonwealth's motion in limine; use of transcript from dependency hearing; need for Miranda warnings before testimony; introduction of hearsay statement of witness; criteria for statement against interest
(Croucher030414L)
(Posted: March 7th 2014)
Commonwealth vs. Moore
3.5.2014
Nancy L. Butts
Criminal:
Commonwealth appeal; repeated failure of the Commonwealth to communicate with defense counsel, provide discovery in a timely manner, and follow the orders of the court; cumulative effect of discovery issues
(Moore030514bt)
(Posted: March 6th 2014)
Commonwealth vs. Alford
3.6.2014
Nancy L. Butts
Criminal:
Defendant's motion in limine; police interpretation testimony concerning surveillance videos; testimony rationally based on his perception; clarification of not readily apparent facts; credibility determination for the jury
(Alford030614bt)
(Posted: March 6th 2014)
Commonwealth vs. Bresnak
3.5.2014
Marc F. Lovecchio
Criminal:
Offense gravity score determination; interpretation of sentencing scheme for DUI with minor in vehicle
(Bresnak030514L)
(Posted: March 5th 2014)
Commonwealth vs. Collins
3.5.2014
Marc F. Lovecchio
Criminal:
Appeal by Commonwealth of grant of suppression motion; reasonable suspicion to make vehicle stop; inconclusive evidence that passenger in vehicle ducked down to avoid police detection; presence of plain clothes officer; totality of circumstances; discretion of the court to reopen a case for taking additional evidence, after two previous evidentiary hearings
(Collins030514L)
(Posted: March 5th 2014)
Commonwealth vs. Ruley
3.3.2014
Nancy L. Butts
Criminal:
Suppression motion; probable cause for vehicle stop; reasonable suspicion for investigatory detention; jurisdiction of police department; waiver of issue not raised in motion; roving DUI patrols
(Ruley030314bt)
(Posted: March 4th 2014)
Criminal:
Suppression motion; vehicle stop due to mistaken identity; reasonable suspicion of criminal activity by another person; mistake of fact; observation of marijuana during mere encounter; plain view doctrine; custodial interrogation without Miranda rights being given; inevitable discovery doctrine
(Blackman030314bt)
(Posted: March 4th 2014)
Commonwealth vs. English
2.28.2014
Marc F. Lovecchio
Criminal:
Habeas corpus petition; prima facie case for charge of accidents involving damage to attended vehicle; dismissal due to typographical errors in the information; suppression motion; investigatory detention; reasonable suspicion; suggestive identification; deceptive and inaccurate affidavit of probable cause for vehicle search; variations of witness descriptions; totality of the circumstances; request for order to_x000d_
disclose other crimes, wrongs or acts admissible at trial; prima facie evidence of school zone for mandatory minimum sentence
(English022814L)
(Posted: February 28th 2014)
Buch vs. Baker
2.25.2014
Dudley N. Anderson
Civil:
Non-jury trial; final order in partition
(buch022514a)
(Posted: February 25th 2014)
Administrative Appeal:
Complaint to set aside a tax sale; compliance with notice requirements; credibility; unilateral mistake by homeowner
(Beamer022414g)
(Posted: February 24th 2014)
Commonwealth vs. Newman
2.18.2014
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; failure to request counsel to file appeal until after appeal period ran; frivolous issues for appeal
(Newman021914L)
(Posted: February 19th 2014)
Commonwealth vs. Delaney
2.19.2014
Marc F. Lovecchio
Criminal:
Motion for reconsideration of sentence nunc pro tunc treated as post conviction relief act petition; impact of revocation of "street time" at parole violation hearing on subsequent sentencing hearing; terrible supervision history; defendant not amenable to supervision
(Delaney021914L)
(Posted: February 19th 2014)
Commonwealth vs. Fromille
2.19.2014
Marc F. Lovecchio
Criminal:
Commonwealth appeal of return of property order; timeliness of appeal; waiver of issues; timeliness of rule 1925 statement; propriety of order requiring return of property or the filing of forfeiture petition within 30 days; property seized without process; inclusion of return of property provisions in sentencing order when parties agree; necessity of hearing
(Fromille021914L)
(Posted: February 19th 2014)
Commonwealth vs. Long
2.19.2014
Nancy L. Butts
Criminal:
Motion for restitution hearing; contested value of stolen items; claimed windfall; burden of proving value of jewelry; credibility of victim; sufficiency of expert testimony of value; failure of Commonwealth to establish the exact value of gold at time of theft; judicial notice of value of gold
(Long021914bt)
(Posted: February 19th 2014)
Commonwealth vs. Garcia
2.19.2014
Nancy L. Butts
Criminal:
Post-sentence motion; sufficiency and weight of evidence; DNA evidence; fleeing as consciousness of guilt; corroborating testimony
(Garcia021914bt)
(Posted: February 19th 2014)
Civil:
Motion for discontinuance treated as a motion for summary judgment; timeliness; validity of cross-claim for contribution and indemnity; primary and secondary liability; secondary liability where no legal relation between the parties; claim for failure to obtain insurance coverage
(turkeyrun021314a)
(Posted: February 14th 2014)
Civil:
Non-jury trial verdict; requirements for a gift; inter-vivos gift; donative intent and delivery; gift mortis causa; contemplation of death; death caused by unexpected vehicle accident
(Bower021414g)
(Posted: February 14th 2014)
Commonwealth vs. Croucher
2.12.2014
Marc F. Lovecchio
Criminal:
Motion in limine to use transcripts of Children and Youth hearing; relitigation of issues addressed before a mistrial caused by a hung jury; claimed intervening change in the controlling law; reliance on unpublished, non-precedential memorandum decision of the Superior Court; clearly erroneous prior decision; adoptive admissions of defendant; abuse of discretion; law of the case doctrine; discretion of court to consider issues anew where a manifest injustice may follow; waiver for failure to raise in earlier proceeding
(Croucher021214L)
(Posted: February 13th 2014)
Administrative Appeal:
Motion for special injunction; landlord tenant matter; termination of federal Section 8 housing assistance due to criminal charges; immediate and irreparable harm; likelihood of success; hearsay evidence of police affidavit; adverse inference from exercise of his Fifth Amendment rights
(middleton21314g)
(Posted: February 13th 2014)
Commonwealth vs. Daniels
2.10.2014
Marc F. Lovecchio
Criminal:
Counsel conflict of interest claim; actual prejudice; adverse affect upon lawyer's performance
(Daniels021014L)
(Posted: February 10th 2014)
Commonwealth vs. McCloy
2.6.2014
Marc F. Lovecchio
Criminal:
Recusal motion; appearance of impropriety; alleged victim is company involved in Children & Youth placements by Lycoming County; speculative claims; court as independent branch of government
(McCloy020614)
(Posted: February 6th 2014)
Commonwealth vs. Fisher
2.6.2014
Marc F. Lovecchio
Criminal:
Petition for credit for time served; previous sentencing order addressed time served credits
(Fisher020614L)
(Posted: February 6th 2014)
Commonwealth vs. Shaw
2.6.2014
Nancy L. Butts
Criminal:
Objection to restitution amount; loss flowing from conduct; plea agreement fewer than all the theft charges; restitution for crimes to which no guilty plea entered; joint and several restitution; contribution rights; speculative equation for determining restitution
(Shaw020614bt)
(Posted: February 6th 2014)
Commonwealth vs. Kaufman
2.6.2014
Nancy L. Butts
Criminal:
Motion to suppress; reasonable suspicion or probable cause to conduct vehicle stop; probable cause to arrest for DUI
(Kaufman020614bt)
(Posted: February 6th 2014)
Commonwealth vs. Derr; Commonwealth vs. Williams
2.6.2014
Nancy L. Butts, Dudley N. Anderson, Richard A. Gray, Marc F. Lovecchio, Joy Reynolds McCoy
Criminal:
Motion to amend information; en banc decision; facts that trigger mandatory minimum sentences; jury determination; constitutionality of mandatory minimum statute; previous deferred decisions; stalled plea negotiations in light of uncertainty; strong presumption of constitutionality; severability of unconstitutional sentencing section of statute; judicial rewriting of the statute; converting mandatory sentences to advisory provisions only; possible use of special verdict questions in criminal cases
(derr020614L)
(Posted: February 6th 2014)
Commonwealth vs. Wright
2.5.2014
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion or probable cause for vehicle stop; probable cause for DUI arrest; inventory search of vehicle that was not impounded
(Wright020514bt)
(Posted: February 5th 2014)
Civil:
Motion to set aside sheriff's sale; adequate description of property in mortgage; construction of mortgage documents
(wyalusing020414g)
(Posted: February 4th 2014)
Edler Estate
1.31.2014
Marc F. Lovecchio
Wills and Estates:
Petition to restore no charitable irrevocable trust after death of settlor; Department of Aging involvement; termination of trust and transfer back of assets during life of settlor; legal viability of establishment and subsequent termination of trust; extent of powers granted by power of attorney; claim barred by settlement
(Edler013114L)
(Posted: January 31st 2014)
Commonwealth vs. Ernst
1.31.2014
Nancy L. Butts
Criminal:
Appeal; motion to compel ARD; DUI case; juvenile record
(Ernst013114bt)
(Posted: January 31st 2014)
Commonwealth vs. Moore
1.31.2014
Nancy L. Butts
Criminal:
Appeal; excessive sentence; history of probation violations; abuse of discretion
(Moore013114bt)
(Posted: January 31st 2014)
JC vs. TK; TK vs. JC
1.23.2014
Marc F. Lovecchio
Custody:
Appeal; relocation request; consideration of stability of children's schooling and drug use of one of the parents
(jc012314L)
(Posted: January 30th 2014)
Commonwealth vs. Newman
1.30.2014
Marc F. Lovecchio
Criminal:
Commonwealth's appeal of sentencing; statutory maximum for DUI and refusal to submit to blood alcohol test; precedent of appealed case
(Newman013014L)
(Posted: January 30th 2014)
Commonwealth vs. Yaggie
1.22.2014
Dudley N. Anderson
Criminal:
Post sentence motion; DUI; sufficiency of the evidence; after accident consumption of alcohol; proof of refusal to submit to chemical testing; weight of evidence; excessive sentence claim; 4th offense; insulting defense
(yaggie012214a)
(Posted: January 29th 2014)
Civil:
Preliminary objections; mechanic's lien; service of process; certified mail, restricted delivery; acceptance by authorized agent; actual notice where plaintiff never complies with the service rules
(linde120413a)
(Posted: January 29th 2014)
Giles vs. Read
1.23.2014
Richard A. Gray
Civil:
Motion in limine; telephone testimony; hearsay; statement with direct legal significance; Dead Man's Act
(Giles012314g)
(Posted: January 27th 2014)
Civil:
Appeal; interpretation of oil and gas lease; waiver of issues not pleaded
(Hafer012714g)
(Posted: January 27th 2014)
Deraffele vs. Williamsport
1.23.2014
Dudley N. Anderson
Civil:
Preliminary objections; immunity; inadequacy of the drainage systems
(deraffele012314a)
(Posted: January 24th 2014)
Civil:
Preliminary objections; encroaching water line; immunity; real property exception; utilities service facilities exception; punitive damages; immunity form injunctive relief claim; proper vehicle for claim of unlawful taking; appointment of board of viewers; action in equity to force the filing of a declaration of taking
(greyfoxplaza012114a)
(Posted: January 21st 2014)
Commonwealth vs. Thompson
1.17.2014
Marc F. Lovecchio
Criminal:
Defendant's motion in limine; grading of multiple DUI offenses; maximum sentence allowable; blood testing refused; binding precedent despite pending petition for allowance of appeal; authority of unpublished memorandum decision
(thompson011714L)
(Posted: January 18th 2014)
Juna vs. Reis
1.16.2014
Richard A. Gray
Civil:
Non-jury trial; replevin; proof of ownership of intermingled personal property
(Juna011614g)
(Posted: January 18th 2014)
Commonwealth vs. Jones
1.13.2014
Marc F. Lovecchio
Criminal:
Petition for writ of habeas corpus; prima facie case; identification issue; direct and circumstantial evidence; attempted murder; conspiracy counts
(Jones011314L)
(Posted: January 13th 2014)
Trotta vs. Luckinbill
1.13.2014
Dudley N. Anderson
Civil:
Summary judgment motions; contract claim; agitation and anguish allegations; fraudulent performance of the contract; gist of the action doctrine; lead-based paint and asbestos claims; treble damages; punitive damages
(trotta011314a)
(Posted: January 13th 2014)
Commonwealth vs. Steele
1.10.2014
Dudley N. Anderson
Criminal:
Motion to dismiss; Commonwealth mistrial motion; double jeopardy claim; manifest necessity; question posed by defense counsel intentionally designed to elicit the testimony which had, by pre-trial order, been prohibited; rape shield law violation; curative instruction
(steele011014a)
(Posted: January 13th 2014)
Commonwealth vs. Scampone
1.10.2014
Marc F. Lovecchio
Criminal:
Motion to suppress; DUI; custodial interrogation; totality of circumstances; investigative detention; Miranda rights
(Scampone011014L)
(Posted: January 11th 2014)
Commonwealth vs. Rosato
1.9.2014
Marc F. Lovecchio
Criminal:
Motion to dismiss; rule 600 delay claim; review of excludable time periods
(Rosato010914L)
(Posted: January 9th 2014)
Commonwealth vs. McDowell
1.8.2014
Marc F. Lovecchio
Criminal:
Motion to consolidate; evidence of each offense admissible in a separate trial for the other; common scheme or plan involving two or more crimes; likelihood that anyone else but Defendant committed the other crimes; sufficiently similar thefts committed against elderly women
(McDowell010814L)
(Posted: January 8th 2014)
Administrative Appeal:
Petition to set aside upset tax sale; defective notice; claimed lack of receipt of properly mailed notice; defective service of 10-day notice, that was subsequently corrected by mailing to correct address
(taxclaimbureauvonstein010714a)
(Posted: January 7th 2014)
Haman vs. Artic Cat, Inc.
1.7.2014
Richard A. Gray
Civil:
Motion for summary judgment; breach of express written warranty claims; burden of proving damages; purchase price submitted as the only evidence of damages when defective product fully repaired; jury speculation
(Haman010714g)
(Posted: January 7th 2014)
Civil:
Preliminary objections; credit card collection case; propriety of verification signed by employee rather than an officer; attachment of credit card agreement; sufficiency of allegations to establish an account stated; necessity to plead all purchases and payments
(GECapitalRetailBank010614a)
(Posted: January 6th 2014)
Commonwealth vs. Braun
1.3.2014
Richard A. Gray
Criminal:
Commonwealth motion in limine; expert qualifications of toxicologist to diagnose orthopedic conditions; reasonable pretension to specialized knowledge; participation in NHTSA DUI Detection and Standardized Field Sobriety Course; hearsay in medical records; availability of testimony by the physician to discuss diagnosis in records; testify about the suitability or limitations of sobriety testing for individuals who have suffered from leg injuries; lay observations by expert; expert testimony about propriety of the Miranda warnings; expert testimony about defendant's demeanor in DUI center video; missing blood test tubes; expert testimony to rebut the inference created by the testing lab's approval
(Braun010314g)
(Posted: January 3rd 2014)
Commonwealth vs. Beatty
1.3.2014
Marc F. Lovecchio
Criminal:
Motion to dismiss probation; concurrent or consecutive sentences
(Beatty010314L)
(Posted: January 3rd 2014)
Commonwealth vs. Williams
12.31.2013
Marc F. Lovecchio
Criminal:
Motion to dismiss; Rule 600; due diligence to locate defendant; defendant incarcerated and under supervision; reasonable efforts to locate defendant; active concealment of whereabouts and identity
(Williams123113L)
(Posted: January 1st 2014)
Commonwealth vs. Harton
12.31.2013
Marc F. Lovecchio
Criminal:
Appeal; vehicle stop, reasonable suspicion based on previous encounter where defendant admitted intoxication; waiver of sentencing issue by failure to preserve at sentencing or by filing post-sentencing motion; claimed excessive sentence for first offense; minimization and avoidance of responsibility for actions
(Harton123113L)
(Posted: January 1st 2014)
Commonwealth vs. Schenck
12.30.2013
Marc F. Lovecchio
Criminal:
Motion to admit out-of-court statements by child victim; Tender Years Hearsay Act; Factors considered in determining the reliability of the statement; confrontation clause violation; indicia of reliability
(schenck123013L)
(Posted: December 30th 2013)
Rogers Estate
12.23.2013
Marc F. Lovecchio
Wills and Estates:
Appeal; trusts; appointment by the court of successor trustee; intentions of settlors; weakened intellect of surviving settlor; ability of surviving settlor to amend trust created by two individuals; conflict of interest of beneficiary of trust serving as trustee; physical and mental impairment of settlor; substantial benefit received by person in confidential relationship; undue influence; standard of proof; removal of any taint of undue influence; testamentary capacity; need to appoint an independent expert to evaluate settlor
(Rogers122313L)
(Posted: December 23rd 2013)
Commonwealth vs. Coles
12.23.2013
Marc F. Lovecchio
Criminal:
Appeal; post conviction relief act petition; illegality of sentence under DUI statute; binding precedent of Superior Court case that has been appealed to the Supreme Court
(Coles122313L)
(Posted: December 23rd 2013)
Commonwealth vs. Welshans
12.23.2013
Marc F. Lovecchio
Criminal:
Motion to sever; charges pertaining to separate burglaries; admissibility of evidence of each in a separate trials; common scheme or plan; virtually identical method used; ability of jury to separate offenses; potential prejudice
(welshans122313L)
(Posted: December 23rd 2013)
Criminal:
Testimony precluded for discovery violation; allowing testimony in rebuttal; ineffective sanction of the Commonwealth
(MooreAlford122013bt)
(Posted: December 20th 2013)
Commonwealth vs. Thompson
12.20.2013
Nancy L. Butts
Criminal:
Suppression motion; probable cause for search warrant; claimed unlawful detention; dismissal due to previous adjudication in other jurisdiction; double jeopardy; same criminal episode; multiple uses of stolen credit cards
(Thompson122013bt)
(Posted: December 20th 2013)
Commonwealth vs. Tuck
12.20.2013
Nancy L. Butts
Criminal:
Motion to amend information; mandatory minimum sentences; prejudice; constitutionality of minimum sentence statute; entitlement to remand for a preliminary hearing
(Tuck122013bt)
(Posted: December 20th 2013)