Civil:
Motion for judgment on the pleadings; claim for breach of contract barred by terms of the payment bond voiding bonding company's obligation if bonded contractor promptly makes payment; lack of contractual relationship as barring claim; repeal of Bond Law of 1967; claim barred by payment under the Procurement Code; unjust enrichment
(conestoga101612a)
(Posted: October 16th 2012)
Civil:
Non-jury trial; credit card debt; assignment of claim; joint liability of credit card holder with the business; recoverability of interest at high rate
(federatedcapital101612a)
(Posted: October 16th 2012)
Commonwealth vs. Meixel
10.16.2012
Marc F. Lovecchio
Criminal:
Motion in limine; admissibly of hearsay statements, not introduced for the truth; relevance of evidence; prejudice; cautionary instruction
(Meixe101612L)
(Posted: October 16th 2012)
Commonwealth vs. Allison
10.16.2012
Nancy L. Butts
Criminal:
Motion to terminate ARD; subsequent DUI charges; claim of failure to disclose charges during ARD hearing
(Allison101612bt)
(Posted: October 16th 2012)
Commonwealth vs. Hatchett
10.16.2012
Nancy L. Butts
Criminal:
Prima facie case of assault by prisoner with deadly weapon; use of a razor attached to a comb by Band-Aids to another's face
(Hatchett101612bt)
(Posted: October 16th 2012)
Civil, Criminal:
Motion for return of property and petition for forfeiture; burden of Commonwealth to prove a nexus between confiscated money and a drug transaction; totality of circumstances; ion scan; shifting burden; observations of experienced police officer
(brown101512g)
(Posted: October 15th 2012)
Commonwealth vs. Sabur
10.12.2012
Marc F. Lovecchio
Criminal:
Post sentence motion; timeliness of pre-trial motion; prejudice of addressing a suppression motion just before trial was about to begin; voluntariness of Miranda rights waiver in light of claimed intoxication; weight of expert ballistic expert testimony; admission of jail call and visit recordings; hearsay; statements admitted to prove motive; admissibility of prior convictions to discredit defendant's false testimony; discretion of court in sentencing; merger of sentences
(Sabur101912L)
(Posted: October 12th 2012)
Commonwealth vs. Howlett
10.9.2012
Marc F. Lovecchio
Criminal:
Motion for termination of ARD; violation of conditions of ARD; problems with substance addiction; extension of ARD as sanction
(howlett100912L)
(Posted: October 9th 2012)
Commonwealth vs. Walker
10.9.2012
Joy Reynolds McCoy
Criminal:
Appeal of summary appeal verdict; speeding conviction because of weight of the vehicle; sufficiency of the evidence of the weight of a vehicle; verdict based on vehicle registration weight and experience of the officer
(Walker100912m)
(Posted: October 9th 2012)
Commonwealth vs. Cobb
10.9.2012
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle stop; probable cause to arrest; totality of the circumstances
(cobb100912L)
(Posted: October 9th 2012)
Commonwealth vs. Wright
8.31.2012
Marc F. Lovecchio
Criminal:
Motion to suppress; vehicle stop; odor of burnt marijuana; reasonable suspicion to believe marijuana odor was emanating from a particular vehicle.
(wright083112L)
(Posted: October 5th 2012)
Commonwealth vs. Quartman
9.26.2012
Richard A. Gray
Criminal:
Post conviction relief act petition; ineffective counsel; previously litigated claim; probable cause to search vehicle; reasonable suspicion to detain defendant
(Quartman092612g)
(Posted: October 5th 2012)
Commonwealth vs. Prechtl
10.3.2012
Nancy L. Butts
Criminal:
Appeal; non-jury trial; DUI charges where defendant in parked car; weight of the evidence; waiver of right to move for judgment of acquittal at close of evidence; sufficiency of the evidence; actual physical control of a vehicle; hearsay objection; failure to have conversation with trooper recorded.
(Prechtl100312bt)
(Posted: October 5th 2012)
Commonwealth vs. Butler
10.3.2012
Nancy L. Butts
Criminal:
Motion to dismiss Information and remand for preliminary hearing; drug charges; plea agreement in exchange for waiver of preliminary hearing; plea agreement rescinded; reasonable reliance; promissory estoppel; knowing, voluntary, and_x000d_
intelligent waiver.
(Butler100312bt)
(Posted: October 5th 2012)
Commonwealth vs. Rosato
10.3.2012
Nancy L. Butts
Criminal:
Motion to suppress evidence; vehicle stop; reasonable suspicion to stop vehicle; probable cause to arrest for DUI
(Rosato100312bt)
(Posted: October 5th 2012)
Commonwealth vs. Steele
10.3.2012
Nancy L. Butts
Criminal:
Motion to suppress; voluntary interview conducted at police station; custodial interrogation; Miranda rights
(Steele100312bt)
(Posted: October 5th 2012)
Commonwealth vs. Fisher
10.3.2012
Marc F. Lovecchio
Criminal:
Amended order; motion to reduce restitution
(fisher100312L)
(Posted: October 3rd 2012)
Commonwealth vs. Coles
10.3.2012
Marc F. Lovecchio
Criminal:
Post sentence motion; computation of prior record score; claim of sentencing outside of the guidelines
(Coles100312L)
(Posted: October 3rd 2012)
Commonwealth vs. Fisher
9.28.2012
Marc F. Lovecchio
Criminal:
Restitution; claim for prorated reduction based on the victim's negligence
(fisher092812L)
(Posted: September 28th 2012)
Commonwealth vs. Durrant
9.28.2012
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective assistance PCRA Counsel; coerced guilty plea; record reflecting an intelligent, voluntary, and knowing guilty plea
(Durrant092812bt)
(Posted: September 28th 2012)
Kling vs. Waciuma
9.28.2012
Dudley N. Anderson
Civil:
Motion in limine; expert witness testimony; qualifications under MCare Act; actively engaged in either clinical practice or teaching
(kling092812a)
(Posted: September 28th 2012)
Commonwealth vs. Graham
9.11.2012
Marc F. Lovecchio
Criminal:
Post sentence motion; claim of racial prejudice in striking juror; race-neutral reason for striking juror; admissibility of testimony of fingerprinting expert; proposed cross-examination of fingerprinting expert of unrelated case where fingerprinting testimony was mistaken; relevancy; evidence of income to disprove motive to steal; applicability of New Jersey "in-court identification" jury instruction; need for instruction on cross-race and weapons focus identification difficulty; failure of subpoenaed witness to appear
(Graham091112L)
(Posted: September 26th 2012)
Civil:
Preliminary objections; service of original process; regular or usual place of business; person for the time being in charge; specificity of pleading
(Taylor092612g)
(Posted: September 26th 2012)
Civil:
Non-jury trial; contract case for medical services; credibility issues; pre-judgment interest
(Susquehanna092412g)
(Posted: September 25th 2012)
Commonwealth vs. Smith
9.24.2012
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause to stop and detain; reasonable suspicion; investigatory detention; reasonableness of search under the totality of the circumstances
(Smith092412L)
(Posted: September 25th 2012)
JK vs. BK
9.24.2012
Joy Reynolds McCoy
Divorce:
Appeal; enforcement of postnuptial agreement; consideration; Pennsylvania Uniform Written Obligation Act; language that the signer intends to be_x000d_
legally bound; preservation of issues
(Knauss092412m)
(Posted: September 25th 2012)
Commonwealth vs. Gates
9.20.2012
Nancy L. Butts
Criminal:
Appeal
(Gates092012bt)
(Posted: September 22nd 2012)
Civil:
Direct action against insurer of tortfeaser; third party beneficiary contract; standing to sue
(Whitenite091812g)
(Posted: September 19th 2012)
Commonwealth vs. Lynn
9.17.2012
Nancy L. Butts
Criminal:
Appeal; guilty plea withdrawal; knowing, intelligent, and voluntary guilty plea; coercion to accept terms of plea agreement; thorough review of agreement during guilty plea colloquy
(Lynn091712bt)
(Posted: September 19th 2012)
AS vs. RS
9.18.2012
Joy Reynolds McCoy
Divorce:
Petition to enforce divorce settlement agreement; intent of the parties; credibility of the parties; full and fair disclosure
(as091812m)
(Posted: September 19th 2012)
Administrative Appeal:
Appeal; scope of review; substantial evidence supporting the findings; weight given to board's interpretation of its ordinance; expansion of non-conforming use; substantial similarity; detrimental impact on community
(choice091112g)
(Posted: September 16th 2012)
Commonwealth vs. Downs
9.13.2012
Marc F. Lovecchio
Criminal:
Post-sentence motion; weight and sufficiency of the evidence; simple assault by physical menace; merged counts; manifestly excessive sentence; sentence within sentencing guidelines; impact of crimes and lack of remorse; sexually violent predator; qualifications of evaluator; factors used to assess sexually violent predator status
(Downs091312L)
(Posted: September 16th 2012)
Commonwealth vs. Knight
9.12.2012
Nancy L. Butts
Criminal:
Appeal; sixth post conviction relief act petition; timeliness; rule 1925 statement raising over 1000 issues that are unrelated to timeliness; frivolous and duplicative issues
(Knight091212bt)
(Posted: September 16th 2012)
Commonwealth vs. Myers
9.12.2012
Nancy L. Butts
Criminal:
Petition for habeas corpus; prima facie case of kidnapping and related offenses; mere spectator; participation with others in effort to restrain and threaten an individual
(Myers091212bt)
(Posted: September 13th 2012)
Criminal:
Suppression motion; vehicle stop; validity of second pat down of passenger; reasonable suspicion that weapon was present
(IT091212g)
(Posted: September 13th 2012)
Commonwealth vs. Burden
8.27.2012
Marc F. Lovecchio
Criminal:
Weight and sufficiency of evidence; use of weapon hidden in pocket to commit robbery; threat of violence as element of offenses; relevance of deadly weapon enhancement for employing a weapon to definition of robbery and theft; verdict shocking the court conscience
(Burden082712L)
(Posted: September 7th 2012)
Commonwealth vs. Lewis
8.31.2012
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; sufficiency of evidence; lack of merit of issues raised
(Lewis083112bt)
(Posted: September 7th 2012)
In re name change of KLF
9.5.2012
Richard A. Gray
Civil:
Petition for name change of a child; the child's best interest; child with name of mother's boyfriend and not father; right of mother to choose surname
(klf090512g)
(Posted: September 7th 2012)
Commonwealth vs. Trapp
9.6.2012
Marc F. Lovecchio
Criminal:
Motion for arrested judgment or alternatively to dismiss remaining charges due to double jeopardy; severance of weapons charge to be tried non-jury; deadlocked jury; guilty verdict on charge tried non-jury; waiver colloquy; applicability of collateral estoppel; deferral of court to jury in consolidated jury/non-jury trial; ability of Commonwealth to retry defendant after mistrial due to hung jury
(Traptrapp090612L)
(Posted: September 7th 2012)
In re estate of Rogers
9.6.2012
Marc F. Lovecchio
Wills and Estates:
Testamentary capacity; burden of proof as to incapacity; credibility of witnesses; undue influence; lack of confidential relationship
(rogers090612L)
(Posted: September 7th 2012)
Myers vs. Snyder
9.7.2012
Dudley N. Anderson
Civil:
Motion for post-trial relief; waiver of issues not raised in pleadings or at trial; relevance of unclean hands argument which does not pertain to the matter in controversy
(myers090712a)
(Posted: September 7th 2012)
Ungard v. Ungard
8.24.2012
Richard A. Gray
Civil:
Non-jury trial; replevin action; property acquired after separation of married couple; non-marital property; special damages
(Ungard082412g)
(Posted: September 7th 2012)
Vandine, Weikel, Charles, Shannon and Foust vs. Vandine, Manufacturers and Traders Trust Company, M & T Securities, Inc., Allstate Life Insurance Company, Glenbrook Life and Annuity Company, Stauffer, Parks, Reichard and M & T Bank
8.9.2012
Richard A. Gray
Civil:
Preliminary objections; timeliness of amended complaint filed 30 days after due under order of court; failure to serve amended complaint; failure of counsel to appear to argue cause for the delay; pleading in a concise or summary form; complaint consisting of 1192 paragraphs on 328 pages
(vandine080912g)
(Posted: September 1st 2012)
LGH vs. JAH
8.29.2012
Dudley N. Anderson
Divorce:
Alimony pendente lite; guideline deviation due to paying college expenses; obligation to pay college expenses as support; consideration of the relative liabilities of the parties
(exceptions082912a)
(Posted: September 1st 2012)
Commonwealth vs. Williams
8.31.2012
Nancy L. Butts
Criminal:
Motion to suppress; warrant issued on information from confidential informant; affidavit including information on the reliability of the informant; sufficiency of the allegations of criminal conduct to obtain warrant; probable cause
(Williams083112bt)
(Posted: September 1st 2012)
Commonwealth vs. Gadra
8.21.2012
Marc F. Lovecchio
Criminal:
Response to notice of intent to dismiss post conviction relief act petition; accuracy of defense counsel's representations about possible sentencing
(Gadra082112L)
(Posted: August 27th 2012)
Commonwealth vs. Kilgus
8.22.2012
Marc F. Lovecchio
Criminal:
Response to notice of intent to dismiss post conviction relief act petition; competency to waive Miranda rights; inadequate offer of proof; signed certification from medical professional; low IQ
(Kilgus082212L)
(Posted: August 22nd 2012)
Civil:
Motion for partial judgment on the pleadings; quiet title action; jurisdiction of court to enter 1989 judgment; relief from a judgment by default or of non pros; attacking judgment through declaratory judgment action
(southwestern082112a)
(Posted: August 21st 2012)
Civil:
Preliminary objections; material facts supporting claim of negligence; alleging same negligent conduct for each defendant regardless of capacity; plate allegations; failure to identify agents who provided medical care; sufficiency of broad and non-specific corporate negligence claims; demurrer; knowledge of the details of corporate internal affairs; sufficiency of verification
(Dymeck082112bt)
(Posted: August 21st 2012)
Commonwealth vs. Wiley
8.21.2012
Nancy L. Butts
Criminal:
Motion to dismiss; double jeopardy; sanction for failure to appear for prison on theft charge; separate offense for default of required appearance; same-elements_x000d_
test
(Wiley082112bt)
(Posted: August 21st 2012)
Commonwealth vs. Johnson
8.16.2012
Nancy L. Butts
Criminal:
Appeal; issues raised for the first time in rule 1925 statement; timeliness of petition
(Johnson081612bt)
(Posted: August 17th 2012)
Commonwealth vs. Coleman
8.16.2012
Marc F. Lovecchio
Criminal:
Commonwealth's motion to modify sentence; post trial motions; proof of constructive possession of guns and drugs; sole tenant of an apartment; weight and sufficiency of evidence; admissibility of photographs and text messages from cell phone; authentication and ownership issues; admissibility of DNA evidence with low frequency; proximity of gun to drugs for mandatory sentencing; calculation of mandatory sentence; first offense
(coleman081512L)
(Posted: August 16th 2012)
KC vs. AS
8.15.2012
Dudley N. Anderson
Support:
Exceptions to child support; accounting for insurance payments, business expenses and reimbursement, and tax refund in determining support obligation
(kc081512A)
(Posted: August 15th 2012)
Commonwealth vs. Woodring
8.13.2012
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel; failure to call character witnesses; truthfulness as an element of the crime; evidence of force as element of crime; double jeopardy issue; clerical error
(Woodring081312bt)
(Posted: August 13th 2012)
Smith vs. Hindi
8.8.2012
Richard A. Gray
Civil:
Preliminary objections to preliminary objections; statute of limitations; affirmative defenses; failure to exhaust administrative remedies; jurisdictional question; sufficiency of record; punitive damages; specificity of damages claim
(Smith080812g)
(Posted: August 9th 2012)
Estate of Houseknecht
7.6.2012
Marc F. Lovecchio
Wills and Estates:
Objections to account and statement of proposed distribution; excessive attorney fees and executrix commissions; standards applicable to evaluate fairness and reasonableness of attorney fee; credibility of the testimony; routine estate matter; fee agreement; prima facie reasonable executrix fee
(houseknecht071012L)
(Posted: August 8th 2012)
Commonwealth vs. Giacomi
7.31.2012
Nancy L. Butts
Criminal:
Post sentence motion; manifestly excessive sentence; lengthy period of supervision; factors considered
(Giacomi073112bt)
(Posted: August 8th 2012)
Commonwealth vs. Johnson
8.8.2012
Nancy L. Butts
Criminal:
Appeal; need for evidentiary hearing on post conviction hearing act petition
(Johnson080812bt)
(Posted: August 8th 2012)
Commonwealth vs. Clark
8.7.2012
Nancy L. Butts
Criminal:
Appeal of dismissal of post conviction relief act petition; ineffective counsel
(Clark080712bt)
(Posted: August 7th 2012)
MF vs. NF
8.3.2012
Joy Reynolds McCoy
Custody:
Expedited petition for modification of custody order; jurisdiction objection; children in Italy; continuing significant connections with Lycoming County
(mf080312m)
(Posted: August 6th 2012)
Commonwealth vs. Fulks
7.16.2012
Marc F. Lovecchio
Criminal:
Motion to suppress; vehicle investigation for suspicious nighttime activity; defendant attempting to eat white chunky substance that field tested for cocaine; search incident to arrest; statements made while in custody; Miranda rights; spontaneous statements
(fulks071612L)
(Posted: August 2nd 2012)
Criminal:
Motion to suppress evidence; valid entry into a home to serve arrest warrant; protective sweep; opening closet to look for concealed person
(Fredericks073112bt)
(Posted: August 2nd 2012)
Criminal:
Appeal; murder conviction
(Patterson080112bt)
(Posted: August 1st 2012)
Commonwealth vs. Bush
8.1.2012
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; retroactive constitutional right exception; right recognized in Pennsylvania for years; applicability of claimed right
(Bush080112bt)
(Posted: August 1st 2012)
Commonwealth vs. Pelleschi
8.1.2012
Marc F. Lovecchio
Criminal:
Oral post sentence motion; child pornography charges; duration of Megan's Law registration; multiple possession convictions requiring lifetime registration; request to withdraw guilty plea; collateral consequences as undermining validity of plea
(Pelleschi080112L)
(Posted: August 1st 2012)
MF vs RR
7.30.2012
Joy Reynolds McCoy
Custody:
Petition for special relief; location of kindergarten attendance; Catholic vs. public education; no dispute as to who will pay tuition; shared legal custody; best interest of child; lack of religious involvement of child to date
(mf073012m)
(Posted: August 1st 2012)
Criminal:
Post sentence motion; sufficiency of the evidence; theft offenses; intent to deprive; log term use of another's vehicle
(McKissick080112g)
(Posted: August 1st 2012)
Civil:
Preliminary objections; indispensable party; third party integral to the litigation
(Clark080112g)
(Posted: August 1st 2012)
Commonwealth vs. McMillan
7.31.2012
Nancy L. Butts
Criminal:
Motion to consolidate; similarities between two criminal episodes; repeated commission of the same general class of crime
(McMillan073112bt)
(Posted: August 1st 2012)
Commonwealth vs. Gadra
7.31.2012
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; negotiated plea agreement; knowing, voluntary, and intelligent guilty plea; jurisdiction of court; applicability of US Code definition of motor vehicle; applicability of Miranda warnings
(Gadra073112L)
(Posted: July 31st 2012)
Commonwealth vs. Trapp
6.14.2012
Marc F. Lovecchio
Criminal:
Non-jury trial; person not to possess a firearm; assessing evidence to issue verdict
(trapp061412L)
(Posted: July 30th 2012)
Commonwealth vs. Ball
7.18.2012
Marc F. Lovecchio
Criminal:
Petition for writ of habeas corpus; prima facie case for assault and harassment; prisoner throwing unknown liquid in prison guard's face
(ball071812L)
(Posted: July 30th 2012)
In re D.N.
7.6.2012
Marc F. Lovecchio
Adoption:
Petition for involuntary termination of parental rights; effect of protection from abuse order; birth of child not immediately revealed to father; father had no contact with child and pursued no legal action to establish his rights; failure to perform parental duties for 6 months; lack of bond with father
(dn070612L)
(Posted: July 30th 2012)
Criminal:
Motion to suppress; vehicle stop; probable cause; improper stop on the roadway
(LopezTemple072612L)
(Posted: July 30th 2012)
Commonwealth vs. Sabur
7.27.2012
Marc F. Lovecchio
Criminal:
Motion to consolidate; threats to a witness; unclear as to whether the threats occurred as a part of the same transaction
(Sabur072612L)
(Posted: July 30th 2012)
Estate of Adams
7.30.2012
Marc F. Lovecchio
Wills and Estates:
Motion to appeal the probate of will; testamentary capacity; impaired memory; burden of proof; undue influence; weakened intellect; existence of confidential relationship; overmastering influence
(adams073012L)
(Posted: July 30th 2012)
DKZ vs. CEZ
7.24.2012
Joy Reynolds McCoy
Divorce:
Contempt petition; failure to comply with order relating to marital home; short sale of home to mortgage company; obligation of payment if mortgage company seeks to recover deficiency; responsibility for payment of tax, insurance, clean-up and utility bills
(Zerbe072412m)
(Posted: July 26th 2012)
Commonwealth vs. Armstrong
7.26.2012
Marc F. Lovecchio
Criminal:
Pre-trial motion; probable cause to arrest for DUI; video surveillance of defendant driving to supermarket; evidence of intoxication
(Armstrong072612L)
(Posted: July 26th 2012)
Wills and Estates:
Petition to certify of a case from the register of wills to the Orphan's Court; issues relating to codicil to will which involves many intricate and difficult questions of evidence and law
(Ecker070512L)
(Posted: July 25th 2012)
Administrative Appeal:
Tax upset sale; failure to pay real estate taxes; proper notice; mail returned with notation "no such number"; reasonable steps to ascertain address; inconspicuous posting of tax sale notice
(Thompson071612g)
(Posted: July 20th 2012)
Civil:
Motion in limine; evidence about the number of times a physician took board certification examination; standard of care issues; prejudice; relevance
(Ezero072012g1)
(Posted: July 20th 2012)
Civil:
Motion in limine; day in the life and photograph evidence; relevance to recoverable damages; prejudice
(Ezero072012g2)
(Posted: July 20th 2012)
Civil:
Motion in limine; evidence of decedent's pain and suffering; need for expert opinion to interpret medical documentation
(Ezero072012g3)
(Posted: July 20th 2012)
Civil:
Motion in limine; evidence on issue of patient/physician's consent to certain type of treatment; relevance to plaintiff's claims of negligence; probative value/prejudice assessment; motion to reconsider denial of amendment to add punitive damages; lack of intervening changes in facts or law
(Ezero072012g4)
(Posted: July 20th 2012)
Commonwealth vs. Webb
7.18.2012
Dudley N. Anderson
Criminal:
Post sentence motions for judgment of acquittal; sufficiency of evidence; ability of lab technician to remember whose blood was tested; late request for continuance; lateness of sentencing due to possible retrial on charges on which the jury could not reach a verdict; weight of evidence
(webb071812a)
(Posted: July 19th 2012)
JLL vs. MAW
7.19.2012
Dudley N. Anderson
Support:
Complaint to establish paternity; signed acknowledgment of paternity; showing of fraud, duress or material mistake of fact; lack of evidence of other possible father
(paternity071912a)
(Posted: July 19th 2012)
Commonwealth vs. Jordan
7.16.2012
Nancy L. Butts
Criminal:
Post conviction relief act petition; claim of being tricked into pleading guilty; knowing, intelligent, voluntary and understanding plea; acknowledging intentional conduct during guilty plea hearing
(Jordan071612bt)
(Posted: July 18th 2012)
Commonwealth vs. Bowman
7.16.2012
Nancy L. Butts
Criminal:
Post conviction collateral relief act petition; failure to notify defendant of his appeal rights; reinstatement of appeal rights; recusal of judge request first made after sentencing; waiver of issues; criminal trespass charges where defendant kicked in door of girlfriend's home
(Bowman071612bt)
(Posted: July 18th 2012)
Commonwealth vs. Hoffman
7.16.2012
Marc F. Lovecchio
Criminal:
Post conviction hearing act petition; claim of excessive sentence; plea agreement; sentence less than the guideline minimum; ineffective counsel; recanting witnesses; waiver due to admissions in guilty plea colloquy; lack of impact on sentence
(Hoffman071612L)
(Posted: July 18th 2012)
Commonwealth vs. Aikey
7.16.2012
Marc F. Lovecchio
Criminal:
Motion to suppress; warrantless search of a home of a parolee; reasonable suspicion; voluntariness of consent to search; scope of consent; probation officers acting as “stalking horses” of the police; custodial interrogation with no Miranda warnings
(aikey071612L)
(Posted: July 18th 2012)
Myers vs. Snyder
7.9.2012
Dudley N. Anderson
Civil:
Non-jury trial; extinguishing right to use private road; adverse possession; lack of visible, notorious and continuous adverse and hostile use of land inconsistent with rights of easement holder; unclean hands claim
(myers070912a)
(Posted: July 12th 2012)
Administrative Appeal:
Land use appeal; scope of review; property in floodway district; applicability of special exception provisions; natural expansion of a non-conforming use in floodway; shifting burden of proof for special exception; detrimental effect on the public health, safety, and welfare; expansion of the existing non-conforming use in floodway
(Choice071212g)
(Posted: July 12th 2012)
Civil:
Motion to strike petition for stay of execution and motion for declaratory judgment; timeliness; equity jurisdiction as it relates to the municipal claims act; adequate statutory remedy
(Barner062812g)
(Posted: July 10th 2012)
Civil:
Motion for partial summary judgment; disputed issues of fact regarding the extension, modification, assumption, and/or assignment of lease; discovery motions
(Pr071012g)
(Posted: July 10th 2012)