Commonwealth vs. Hines
6.5.2009
Nancy L. Butts
Criminal:
Appeal; failure to specifically allege error in appeal
(Hines060509bt)
(Posted: June 5th 2009)
Commonwealth vs. Cook
5.4.2009
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel; guilty plea unlawfully induced; guilty plea colloquy; appeal of discretionary aspect of the sentence; bald claim of excessiveness
(Cook050409bt)
(Posted: June 1st 2009)
Wills and Estates:
Attorney fee petition; guardianship issue; failure of responsible parties to apply for medical assistance for incapacitated person, so that skilled nursing care fees could be paid; transfer of assets without receiving fair market value; contractual agreement to pay legal fees required to secure payment
(Jones042309bt)
(Posted: June 1st 2009)
Commonwealth vs. Illes
3.30.2009
Kenneth D. Brown
Criminal:
Motion to compel documentation related to escrow fund; discovery in PCRA case; evidence related to calling a witness at trial
(Illes033009br)
(Posted: May 26th 2009)
Commonwealth vs. Hedges
5.6.2009
Kenneth D. Brown
Criminal:
Appeal; DUI; multiple offenses; abuse of discretion in not following plea agreement; mandatory minimum sentences in excess of plea agreement; ability of defendant to force the court to impose an illegal sentence, based on plea agreement
(HEDGES050609br)
(Posted: May 26th 2009)
Commonwealth vs. Blagman
5.18.2009
Kenneth D. Brown
Criminal:
Pre-trial motion; drug case; notice issue under rule 404(b)(3); sufficiency on notice of evidence; prejudice; unfair surprise; evidence of prior sales of drugs; probative value; limitation of testimony; cautionary instruction
(Blagman051809br)
(Posted: May 26th 2009)
Commonwealth vs. Karaisz
5.21.2009
Kenneth D. Brown
Criminal:
Suppression motion; illegal vehicle search; fruit of the poisonous tree; subsequent investigation; consent to search
(Karaisz052109br)
(Posted: May 26th 2009)
Commonwealth vs. Enos
5.21.2009
Kenneth D. Brown
Criminal:
Commonwealth motion to reconsider suppression; illegal vehicle stop; fruit of the poisonous tree; subsequent investigation; consent to search
(Enos052109br)
(Posted: May 26th 2009)
Civil:
Motion for partial judgment on the pleadings; claims for rent, ejectment, unjust enrichment and quantum meruit; oral agreement for sale of property; constructive trust; statute of frauds
(koch052209a)
(Posted: May 26th 2009)
Administrative Appeal:
Zoning appeal; request for hearing of additional evidence; discretion of court; availability of evidence at original zoning hearing
(Hutchinson042709g)
(Posted: May 18th 2009)
Civil:
Motion for summary judgment; ERISA; subrogation claim; motorcycle case; proof of subrogable interest; applicability of the Motor Vehicle Financial Responsibility Act;
(aloisio050709a)
(Posted: May 9th 2009)
Commonwealth vs. Watkins
5.6.2009
William S. Kieser
Criminal:
Appeal; post conviction relief act; discretion of the court; ineffective counsel; trial strategy guided by defendant
(watkins050609k)
(Posted: May 8th 2009)
Commonwealth vs.Reynolds
4.6.2009
Kenneth D. Brown
Criminal:
Motion for new trial; voluntariness of the confession; after-discovered evidence of conflicting statements by accuser; attacking the credibility of a witness
(Reynolds040609br)
(Posted: May 6th 2009)
Commonwealth vs. Shoemaker
4.13.2009
Kenneth D. Brown
Criminal:
Appeal; identity theft; weight and sufficiency of the evidence; sentencing discretion
(Shoemaker041309br)
(Posted: May 6th 2009)
Commonwealth vs. Jenkins
4.20.2009
Kenneth D. Brown
Criminal:
Appeal; drug case; weight of the evidence; excessive sentence; sentencing discretion
(Jenkins042009br)
(Posted: May 6th 2009)
Commonwealth vs. DiMassimo
4.23.2009
Kenneth D. Brown
Criminal:
Motion to suppress; vehicle stop; squealing tires
(Dimassimo042309br)
(Posted: May 6th 2009)
Joachim vs. Ohlinger
5.1.2009
Dudley N. Anderson
Civil:
Motions for summary judgment; breach of commercial lease; breach of purchase agreement; impossibility of specific performance
(joachim050109a)
(Posted: May 6th 2009)
Commonwealth vs. Watkins
4.15.2009
William S. Kieser
Criminal:
Appeal; post conviction relief act petition; weight of evidence; overwhelming evidence of guilt; trial tactics
(watkins041509k)
(Posted: May 1st 2009)
Commonwealth vs. Rupert
4.17.2009
Nancy L. Butts
Criminal:
Post sentence motion; sufficiency of the evidence; failure to reside at address registered under Megan's Law; challenge to discretionary aspect of the sentence; aggravated range
(Rupert041709bt)
(Posted: April 29th 2009)
Commonwealth vs. Mullen
4.27.2009
Nancy L. Butts
Criminal:
Appeal; sentencing discretion; substantial question of appropriateness of sentence; plea agreement
(Mullen042709bt)
(Posted: April 29th 2009)
Commonwealth vs. Ingram
4.21.2009
Nancy L. Butts
Criminal:
Suppression motion; DUI stop; reasonable suspicion that vehicle code violation was committed
(Ingram042109bt)
(Posted: April 23rd 2009)
Administrative Appeal:
Appeal from denial of conditional use application for church, youth ministry and after school children's program; abuse of discretion standard; mere speculation of possible harm to the public
(walker042109a)
(Posted: April 23rd 2009)
In re: JSH, a minor child
3.26.2009
Nancy L. Butts
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: April 16th 2009)
Commonwealth vs. Fisher
3.18.2009
William S. Kieser
Criminal:
Appeal; appealable order
(fisher031809k)
(Posted: April 15th 2009)
Commonwealth vs. Bradley
3.6.2009
Clinton W. Smith
Criminal:
Appeal; sentencing issues; timeliness
(bradley030609s)
(Posted: April 15th 2009)
Calafut vs. Daniels
4.8.2009
Dudley N. Anderson
Civil:
Preliminary objections; dog shooting; value of personal property; claim for intentional and negligent infliction of emotional distress; punitive damages
(calafut040809a)
(Posted: April 15th 2009)
Commonwealth vs. Dennis
4.14.2009
Nancy L. Butts
Criminal:
Post conviction relief act petition; consideration for inpatient drug treatment; habeas corpus rights
(Dennis041409bt)
(Posted: April 15th 2009)
Civil:
Landlord and tenant case; request for judgment of possession; repayment agreement; contract of adhesion
(breil040709a)
(Posted: April 13th 2009)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: April 13th 2009)
Civil:
Post trial relief; legal enforceability of an agreement; recoverability of attorney's fees; discretion of court to award pre-judgment interest in equity cases
(gordon030309g)
(Posted: April 7th 2009)
Civil:
Motion for summary judgment; sidewalk defect; trivial defect; open and obvious; jury question
(wertman031109g)
(Posted: April 7th 2009)
Administrative Appeal:
Appeal; failure to object to deciding the zoning question based on the record created at the zoning hearing
(plaxton040609a)
(Posted: April 7th 2009)
Administrative Appeal:
Appeal; court's failure to address certain issues in resolving the zoning appeal; counsel's narrowing the issues on the record
(piccolella040609a)
(Posted: April 7th 2009)
Commonwealth vs. Marshall
2.26.2009
Kenneth D. Brown
Criminal:
Habeas corpus; prima facie case; rationality of statute providing for higher grade for sex crime against child
(Marshall022609br)
(Posted: March 31st 2009)
Commonwealth vs. Jennings
3.4.2009
Kenneth D. Brown
Criminal:
Post sentence motion; sufficiency and weight of evidence; excessive sentence
(Jennings030409br)
(Posted: March 31st 2009)
Commonwealth vs. Ungard
3.23.2009
Kenneth D. Brown
Criminal:
Post conviction petition act petition; timeliness; jurisdiction of the court
(Ungard032309br)
(Posted: March 31st 2009)
Commonwealth vs. Illes
3.26.2009
Kenneth D. Brown
Criminal:
Motion for reconsideration; effectiveness of counsel; objection to review by jury of book manuscript
(Illes032609br)
(Posted: March 31st 2009)
Commonwealth vs. Harrold
3.26.2009
Nancy L. Butts
Criminal:
Post conviction relief act petition; effectiveness of counsel; character witnesses; community reputation for truthfulness
(Harrold032609bt)
(Posted: March 31st 2009)
Commonwealth vs. Wilson
3.26.2009
Nancy L. Butts
Criminal:
Omnibus pretrial motion; habeas corpus; prima facie case; DUI; suppression; voluntariness of blood testing
(Wilson032609bt)
(Posted: March 31st 2009)
Civil:
Appeal
(reidy032609a)
(Posted: March 31st 2009)
In Re: TB, SM and AM
3.26.2009
Clinton W. Smith
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: March 26th 2009)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: March 26th 2009)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: March 26th 2009)
In re adoption of KP
3.26.2009
Richard A. Gray
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: March 26th 2009)
Cipriani vs. Applegate
3.5.2009
Dudley N. Anderson
Civil:
Motion for summary judgment; fall case; Restatement of Torts, sections 342 and 361; knowledge of the condition of land
(cipriani030509a)
(Posted: March 24th 2009)
Criminal:
Appeal; denial of oral request to withdraw guilty plea; need for a hearing; lack of merit of request
(Augustine030609bt)
(Posted: March 24th 2009)
Commonwealth vs. Tiller
3.13.2009
Nancy L. Butts
Criminal:
Post sentence motion; drug case; burden of proof for constructive possession; jury's request to repeat a charge containing the elements of an offense as requiring a new trial; sufficiency and weight of the evidence
(Tiller031309bt)
(Posted: March 24th 2009)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: March 24th 2009)
Commonwealth vs. Hill
3.24.2009
Dudley N. Anderson
Criminal:
Appeal; weight of the evidence
(hill032409a)
(Posted: March 24th 2009)
Commonwealth vs. Shuman
3.18.2009
Dudley N. Anderson
Criminal:
Appeal; sentencing issues; discretion of the court
(shuman031809a)
(Posted: March 23rd 2009)
Civil:
Appeal; worker's compensation immunity; collateral estoppel; two employers
(black031809a)
(Posted: March 23rd 2009)
Commonwealth vs. Earnest
3.23.2009
Nancy L. Butts
Criminal:
Post sentence motion; excessive sentence; mitigating factors; sentence consistent with plea agreement; DUI and assault by vehicle
(Earnest032309bt)
(Posted: March 23rd 2009)
Commonwealth vs. McAfee
3.23.2009
Nancy L. Butts
Criminal:
Motion for suppression; DUI case; traffic stop; reasonable suspicion
(McAfee032309bt)
(Posted: March 23rd 2009)
Civil:
Petition for clarification and reconsideration of preliminary objection order; breach of contract; breach of fiduciary duty; fraud; specificity of pleading; civil conspiracy; minority member oppression; accounting; arbitration of claims
(Diefenderger030909g)
(Posted: March 20th 2009)
Commonwealth vs. Clemens
3.16.2009
Nancy L. Butts
Criminal:
Motion to suppress; traffic stop; reasonable suspicion; stop based on information of criminal conduct from a reliable source
(Clemens031609bt)
(Posted: March 20th 2009)
Commonwealth vs. Wheelock
3.18.2009
Dudley N. Anderson
Criminal:
Appeal; suppression; sentencing issues
(wheelock031809a)
(Posted: March 20th 2009)
Commonwealth vs. Childs
2.20.2009
Richard A. Gray
Criminal:
Appeal; excessive sentence; discretion of the court; bald assertion of excessiveness
(Childs022009g)
(Posted: March 11th 2009)
Civil:
Preliminary objections; mortgage foreclosure; counterclaim; rule 1148; arising out of creation of the mortgage relationship; renegotiation of the terms of the mortgage
(Wellsfargo022409g)
(Posted: March 11th 2009)
Koschak vs. Robbins
3.4.2009
Richard A. Gray
Civil:
Motion for summary judgment; limited tort threshold; serious impairment of body function; sufficiency of facts; jury questions
(Koschak030409g)
(Posted: March 11th 2009)
Civil:
Motion for summary judgment; wrongful termination; conversion; at-will employee; claim of partnership; additional consideration; intimate relationship
(Bohart030609g)
(Posted: March 11th 2009)
Commonwealth vs. Bradley
2.18.2009
Clinton W. Smith
Criminal:
Petition for post trial relief; failure to submit rule 1925 statement; waiver of issues
(bradley021809s)
(Posted: March 10th 2009)
Commonwealth vs. Barasky
3.9.2009
Nancy L. Butts
Criminal:
Commonwealth appeal; suppression; hearsay evidence; exceptions
(Barasky030909bt)
(Posted: March 10th 2009)
Commonwealth vs. Lunger
3.5.2009
Nancy L. Butts
Criminal:
Summary appeal; driving while under license suspension; notice issue; lack of restoration after suspension; sentencing discretion; habitual offender
(Lunger030509bt)
(Posted: March 6th 2009)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: March 6th 2009)
Civil:
Motion for summary judgment; sewage back-up; intentional infliction of emotional distress; Tort Claims Act preclusion from recovering damages for increase of insurance premiums and decrease in home's value
(reidy030309a)
(Posted: March 4th 2009)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: March 4th 2009)
Commonwealth vs. Smith
2.12.2009
Kenneth D. Brown
Criminal:
Appeal; parole revocation; admissions by defendant of probation violations; lack of testimony by probation officer
(Smith021209br)
(Posted: March 3rd 2009)
Commonwealth vs. Fogelman
2.18.2009
Kenneth D. Brown
Criminal:
Motion to suppress; DUI; reasonable and articulable facts to believe a crime was being committed when driver ordered to return to car; seizure of defendant
(Fogelman021809br)
(Posted: March 3rd 2009)
Commonwealth vs. Haught
2.20.2009
Kenneth D. Brown
Criminal:
Motion regarding use at trial of other crime evidence; juvenile offenses; similarity of facts; considerations of probative value and prejudice; need for other crime evidence in light of admissions by defendant
(Haught022009br)
(Posted: March 3rd 2009)
Commonwealth vs. Williams
2.26.2009
Kenneth D. Brown
Criminal:
Post conviction relief act petition; timeliness; waivability of a claim involving an illegal sentence
(Williams022609br)
(Posted: March 3rd 2009)
Civil:
Appeal; request to set aside tax sale; notice issue; mailing requirements; reasonableness of efforts to determine addresses of property owners
(trotta021709a)
(Posted: February 25th 2009)
Commonwealth vs. Crowder
1.9.2009
Nancy L. Butts
Criminal:
Motion to suppress; consent to frisk; authority to detain to serve PFA order; abandoned drugs
(Crowder010909bt)
(Posted: February 25th 2009)
Commonwealth vs. Smith
2.23.2009
Nancy L. Butts
Criminal:
Suppression motion; legality of vehicle stop; reasonable suspicion to believe that violations of the Motor Vehicle Code had occurred; order to exit vehicle
(Smith022309bt)
(Posted: February 24th 2009)
MCO vs. KJO
2.17.2009
Dudley N. Anderson
Divorce:
Appeal; request to remove children from jurisdiction; Gruber analysis; likelihood of substantial improvement in the quality of life of custodial parent and children; viability of reasons given by parent for relocation
(oberheim021709a)
(Posted: February 19th 2009)
Commonwealth vs. Bradley
1.9.2009
Clinton W. Smith
Criminal:
Post conviction collateral relief petition; ineffective counsel; timeliness
(bradley010909s)
(Posted: February 11th 2009)
Commonwealth vs. Howlett
1.9.2009
Clinton W. Smith
Criminal:
Appeal; petition for relief under the Pennsylvania Constitution; timeliness; post conviction relief act as sole means of raising issues
(howlett010909s)
(Posted: February 11th 2009)
Administrative Appeal:
Appeal by PaDOT; license suspension appeal; suspension of license for failure to respond to citation; effect of subsequent responding to citation and payment of fines; statutory construction; amendment of the statute
(Burgess012609br)
(Posted: February 11th 2009)
Commonwealth vs. Garrison
2.10.2009
Nancy L. Butts
Criminal:
Petition for habeas corpus; prima facie case; criminal trespass; defendant in "wrong house"
(Garrison021009bt)
(Posted: February 11th 2009)
Civil:
Motion for summary judgment; worker's compensation exclusivity; right to control Plaintiff's work and manner of performing it
(blackwmsptsteel020609a)
(Posted: February 11th 2009)
Civil:
Motion for summary judgment; duty of seller of used equipment; subsequent removal of guard; intended use
(blackrheem020609a)
(Posted: February 11th 2009)
Commonwealth vs. Payne
1.27.2009
Nancy L. Butts
Criminal:
Petition for writ of habeas corpus; open lewdness; likelihood that lewd conduct would be observed by someone who would be affronted or alarmed; conduct occurring in public place during daylight
(Payne012709bt)
(Posted: January 30th 2009)
Commonwealth vs. Gray
1.27.2009
Nancy L. Butts
Criminal:
Motion to suppress; probable cause to stop vehicle; erratic driving; reasonable suspicion of violation of Vehicle Code
(Gray012709bt)
(Posted: January 27th 2009)
Commonwealth vs. Parker
1.27.2009
Nancy L. Butts
Criminal:
Appeal; challenge to discretionary aspect of sentence; abuse of discretion; prior record; consideration of prior record and history of mental illness
(Parker012709bt)
(Posted: January 27th 2009)
CP vs. RF
12.8.2008
William S. Kieser
Custody:
Appeal; shared custody order; primary custody awarded to father; reversal of previous order; prolonged emotional and physical conflicts between child and mother; best interests of the child
(CP120808K)
(Posted: January 14th 2009)
Commonwealth vs. Barto
1.9.2009
Nancy L. Butts
Criminal:
Motion to suppress; Miranda warnings; custodial interrogation; comments elicited without questioning, but in response to reading the affidavit of probable cause; likelihood of eliciting an incriminating response
(Barto010909bt)
(Posted: January 14th 2009)
Commonwealth vs. Barasky
1.13.2009
Nancy L. Butts
Criminal:
Motion to suppress; drug possession case; violation of bicycle lighting requirements; pat-down in high crime area of person known from prior criminal investigations; lack of testimony that officer believed person to be armed
(Barasky011309bt)
(Posted: January 14th 2009)
Commonwealth vs. Turner
1.13.2009
Nancy L. Butts
Criminal:
Motion to suppress; drug case; search by probation officer because of suspicion of probation violation; approval of supervisor to search; exigent circumstances
(Turner011309bt)
(Posted: January 14th 2009)
Criminal:
Omnibus pre-trial motions; suppression; drug case; search and seizure; reasonable suspicion to stop and frisk; valid consent to search; probable cause to obtain warrant to search vehicle; plain sight; habeas corpus motion; prima facia case; conspiracy; presumptions concerning weapon's use in crime
(Brister010609bt)
(Posted: January 7th 2009)
Criminal:
Appeal
(Williams010509)
(Posted: January 7th 2009)
Commonwealth vs. Lyons
12.12.2008
Clinton W. Smith
Criminal:
Appeal; weight of the evidence; self defense claim; evidence supporting assault and criminal trespass convictions
(Lyons121208S)
(Posted: January 4th 2009)
Commonwealth vs. Malkowicz
12.19.2008
Kenneth D. Brown
Criminal:
Appeal; sufficiency and weight of evidence of burglary; discretion in imposing an aggravated sentence; breach of trust
(Malkowicz121908br)
(Posted: January 4th 2009)
Commonwealth vs. Watkins
12.31.2008
William S. Kieser
Criminal:
Petition for post conviction relief; ineffective counsel; failure to file suppression motion; failure to call claimed exculpatory witness; rational basis for strategy; lack of merit of underlying claims
(Watkins123108K)
(Posted: January 4th 2009)
Custody:
Grandparent custody petition; dependent children; jurisdiction of family court over children who were adjudicated dependent by the juvenile court
(CH123108K)
(Posted: January 4th 2009)
Adoption:
Appeal
(T.C.123008bt)
(Posted: January 4th 2009)
Administrative Appeal:
Zoning permit appeal; wind energy project; claimed application deficiencies; need to address storm water management; fear that size of turbines could be substantially increased; need for a timeline; due process rights to read written statement or cross examine witnesses; attorney conflict of interest; standing
(piccolella122408a)
(Posted: January 2nd 2009)
Administrative Appeal:
Zoning permit appeal; substantive validity challenge to zoning ordinance amendment; judicial decision as res judicata to amendment of ordinance; prerogative of legislative body to circumvent judicial decision; inconsistency of ordinance with resource protection zone; due process rights to cross examine witnesses
(plaxton122408a)
(Posted: January 2nd 2009)
Administrative Appeal:
Land use appeal; statutory stay; validity of land development plan approval during period of stay created by zoning permit appeal; attorney conflict of interest
(laurelhill122408a)
(Posted: January 2nd 2009)
Civil:
Preliminary objections; contract action relating to sale of real estate; rescission; pleading special damages with particularity; misrepresentation and breach of warranty; parol evidence rule
(southsidedev123008a)
(Posted: January 2nd 2009)