Commonwealth vs. Tindal
3.3.2022
Nancy L. Butts
Criminal:
Habeas corpus motion; person not to possess a firearm; constructive possession; possession of a key to a safe; dominion over firearm; DNA lab results determining that defendant can be included as potential contributor to mixed profile on firearm
(Tindal030322bt)
(Posted: March 12th 2022)
Cuneo vs. UPMC
3.3.2022
Eric R. Linhardt
Civil:
Preliminary objections; specificity of complaint in pleading corporate negligence or vicarious liability; sufficiency of certificate of merit; sufficiency of references to "other negligent actions and omissions that may be disclosed through the course of discovery"; failure to plead specific acts committed by unnamed representatives of the defendant; sufficiency of facts to support claims of reckless or grossly conduct; conscious choice of a course of action
(cuneo030322Li)
(Posted: March 3rd 2022)
Miller vs. Bartley
3.3.2022
Eric R. Linhardt
Civil:
Motion to compel discovery responses; wealth discovery for punitive damages without court order; discovery of pay related to motive for publication of salacious, inflammatory, or scandalous articles; applicability of Shield Law to protect information that would likely expose identity of source; in camera review
(Miller030322Li)
(Posted: March 3rd 2022)
Commonwealth vs. Ganhao
2.28.2022
Nancy L. Butts
Criminal:
Habeas corpus motion; prima facie case of theft where victim inexplicably blacked out at defendant's home and credit card purchases from victim's card, accessible to defendant, are linked to an email connected to defendant
(Ganhao022822bt)
(Posted: March 2nd 2022)
Commonwealth vs. Clay
2.28.2022
Nancy L. Butts
Criminal:
Habeas corpus motion; prima facie case of person not to possess a firearm; constructive possession; probable cause to stop vehicle that proceeded at high rate of speed through intersection; lack of evidence of speed limit; suppression of evidence as fruit of the poisonous tree;
(Clay022822bt)
(Posted: March 2nd 2022)
Commonwealth vs. Scott
2.28.2022
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case of driving under the influence of a controlled substance; traffic stop for tinted windows; suppression motion; reasonable suspicion to justify a canine sniff; probable cause for search warrant; consideration of evidence outside affidavit of probable cause
(Scott022822bt)
(Posted: March 2nd 2022)
Commonwealth vs. McClain
2.28.2022
Nancy L. Butts
Criminal:
Suppression motion; unduly suggestive photograph array for failure to partially cover faces of individuals
(McClain022822bt)
(Posted: March 2nd 2022)
Civil:
Preliminary objections; sufficiency of credit card collection complaint; need to plead every detail of the claim; attaching interest rate and fees as material terms of agreement
(FNBOmaha030222t)
(Posted: March 2nd 2022)
Wolfe vs. Sweet
2.17.2022
Ryan M. Tira
Custody:
Appeal
(Sweet021722t)
(Posted: February 24th 2022)
Commonwealth vs. Cradle
2.15.2022
Ryan M. Tira
Criminal:
Motion to dismiss charges; rule 600; suspension of rules due to COVID-19; exclusion of time due to defendant's request for continuance
(Cradle021522t)
(Posted: February 24th 2022)
Civil:
Petition for forfeiture and condemnation; burden to prove seized money was or was intended to be used in violation of controlled substance laws; proof of nexus between pertinent unlawful activity and property subject to forfeiture; shifting burden to prove funds acquired legally; lack of arrest of party from whom money seized
($7782USCurrency022222t)
(Posted: February 24th 2022)
Commonwealth vs. Holmes
2.17.2022
Ryan M. Tira
Criminal:
Post conviction relief act petition; motion to remove assistant district attorney from case due to potential conflict; issues previously unsuccessfully litigated; inapplicability of corpus delicti rule in case where there is no confession; constitutionality of cell phone search where trooper never actually saw contents of phone; claimed structural errors; presumption of innocence requiring garb of innocence; presence of sheriff deputy; prejudice; sequestration of Commonwealth's designated representative; sufficiency of evidence of trafficking minor for sexual servitude; effectiveness of counsel; need to provide search warrant affidavit at time of preliminary hearing; specificity of allegations of ineffectiveness or prejudice; failure of counsel to raise non-meritorious issues; issues involving speculation; proper venue where case filed in location where incriminating text messages were received; reasons for judicial recusal; prejudice of failure of counsel to advise defendant during representation that he was running for district attorney; claimed denial of opportunity to access requested exculpatory material where defendant failed to establish the existence of the material or Commonwealth possession; burden to prove misrepresentations in police affidavits; sufficiency of affidavits of probable cause; after discovered evidence used solely for the impeachment of witness credibility
(Holmes021722t)
(Posted: February 24th 2022)
Commonwealth vs. Shoop
2.17.2021
Ryan M. Tira
Criminal:
Post sentence motion; sufficiency and weight of evidence that defendant was one committing burglaries; prerogative of jury to believe trial testimony over prior inconsistent statements; lack of DNA evidence; determination of whether after discovered evidence would have compelled a different verdict; claimed manifestly unreasonable, unnecessarily excessive and unjust sentence; discretion to impose consecutive or concurrent sentences; sentencing for separate burglaries
(Shoop021722t)
(Posted: February 23rd 2022)
Commonwealth vs. Durbin
2.15.2022
Ryan M. Tira
Criminal:
Habeas corpus motion; additional evidence at hearing; prima facie case of fleeing or attempting to elude and recklessly endangering where defendant sped away from a police car which had activated its lights and drove erratically in a residential area; circumstantial evidence of possession with intent to deliver based on quantity of drugs
(Durbin021522t)
(Posted: February 17th 2022)
Civil:
Motions in limine; admissibility of chaplain note in hospital record referencing hearsay comments; business record exception; prejudice outweighing probative value; jury
confusion; necessity of expert opinion on the appropriate dosages of narcotic medicine; redundant expert testimony; corroborative rather than cumulative expert testimony; mootness
(Lutz021522t)
(Posted: February 17th 2022)
Commonwealth vs. Cradle
2.14.2022
Ryan M. Tira
Criminal:
Motion for preservation of evidence; witness unavailable due to prepaid vacation; finding exceptional circumstances; duty of Commonwealth to ensure availability of witnesses
(cradle021422t)
(Posted: February 15th 2022)
Commonwealth vs. Brown
12.21.2021
Nancy L. Butts
Criminal:
Post conviction relief act petition; previously litigated issue; claimed failure to bring defendant to trial within 365 days of filing of complaint and due diligence in the face of avoidable delay; prejudice
(Brown121721bt)
(Posted: February 12th 2022)
Commonwealth vs. Greevy
2.1.2022
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case of indecent assault where there is evidence of non consensual touching
(Greevy020122bt)
(Posted: February 7th 2022)
Criminal:
Motion to vacate sentence; anticipatory revocation of order of probation for commission of new crime after sentencing, but prior to beginning of probation period; substantive change in the case law; non-waivable illegal sentence; retroactive application of new rule
(Morrison020122t)
(Posted: February 3rd 2022)
Criminal:
Appeal; reasonableness of sentence; discretion of court to impose consecutive or concurrent sentences; two separate victims; weight of the evidence to convict for endangering the welfare of children where there was evidence that children were locked in filthy and ill suited rooms, were malnourished and were suffering medically
(Engler-Harper020122t)
(Posted: February 3rd 2022)
Administrative Appeal:
Motion to enforce settlement agreement on assessment appeal; mutual or unilateral mistake; presumption that settling attorney has authority of client to settle; express authority to bind a client to a settlement agreement; effect of miscommunication between an attorney and his client
(Armstrong012522t)
(Posted: February 3rd 2022)
Civil:
Motion seeking determination of need to file certificate of merit; civil cases constituting professional liability actions; determination based on nature of action and not identity or status of defendant; question of medical judgment beyond the common knowledge of laypersons; specific concerns associated with transporting wheelchair-bound patients
(Fry020222Li)
(Posted: February 3rd 2022)
Commonwealth vs. Lincoln
1.26.2022
Nancy L. Butts
Criminal:
Post-sentence motion in arrest of judgment; sufficiency of evidence of possession of drugs with intent to deliver; consideration of volume of heroin, manner in which it was packaged and amount of protective gear in house; connection of defendant to home by observation of his coming and going and his identifying documentation in the house; motion for new trial due to court's refusal to drug test witnesses; refusal of court to exclude late discovered video evidence; prejudice; manifestly excessive sentence; "volume discount" for multiple crimes; consideration of previous record and sales of dangerous substances such as fentanyl and methamphetamine
(Lincoln012622bt)
(Posted: February 1st 2022)
Commonwealth vs. Hill
1.25.2022
Ryan M. Tira
Criminal:
Motion for new trial' Non-jury trial; weight of the evidence; credibility of witnesses; sufficiency of evidence to support verdict
(Hill012222t)
(Posted: January 29th 2022)
SK & PK Adoptions
1.24.2022
Joy Reynolds McCoy
Adoption:
Agency petition for involuntary termination of parental rights; admissions and voluntary relinquishment of rights; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; parental incapacity; parent largely compliant with the permanency plan; toxic relationship between mother and father as impediment to reunification with children; needs and welfare of children; bonding assessment; continued bond with mother giving way to stronger bond with resource parents
(SK012422m)
(Posted: January 26th 2022)
Civil:
Preliminary objections; insufficient specificity in new matter; facts supporting expiration of the statute of limitations; adequacy of pleading of consent where doctor states that risks, benefits, and alternatives were provided to patient; need to plead non-waivable statutory defenses or non-affirmative defenses; sufficiency of general claim that acts of others constituted intervening or superseding causes; need to plead defense that would not defeat a plaintiff's claim entirely
(Myers012022t)
(Posted: January 26th 2022)
Civil:
Objections to discovery; relevancy of inquiries; premature questions on issues of financial means to pay judgment; duty to respond to requests by separately responding to each request and identifying documents responsive to that request
(Harris011822t)
(Posted: January 26th 2022)
Commonwealth vs. Babcock
1.25.2022
Nancy L. Butts
Criminal:
Suppression motion; adequacy of search warrant to establish probable cause of a crime; knowing, intelligent, and voluntary waiver of Miranda rights; totality of circumstances; probable cause for search of cell phone data without evidence that crimes of abuse of corpse, tampering with evidence or obstruction would be contained in phone
(Babcock012522bt)
(Posted: January 26th 2022)
Commonwealth vs. Graham
1.7.2022
Nancy L. Butts
Criminal:
Sentence reconsideration; weighing and considering all relevant factors in fashioning sentence; impact of incident on victim; failure of defendant to accept responsibility for conduct
(Graham010722bt)
(Posted: January 26th 2022)
Commonwealth vs. Frank
1.25.2022
Nancy L. Butts
Criminal:
Restitution hearing; demand for proof of damages; excessive or speculative award; Commonwealth burden to establish value damaged items
(Frank012522bt)
(Posted: January 26th 2022)
Criminal:
Habeas corpus petition; sufficiency of evidence of possession of drugs; constructive possession; mere association, suspicion, or conjecture; evidence of defendant's residence at home where currency, drugs, bags and sealers, and guns were located; circumstantial evidence of conspiracy; totality of circumstances inferring agreement between defendants; sufficiency of evidence that gun was stolen to establish receiving charge; arrest warrant alone as sufficient justification for police to enter the home to locate and arrest defendant; probable cause or exigency; stale warrant; evidence from search warrant as "fruit of the poisonous tree"
(Tennison012122bt)
(Posted: January 26th 2022)
Commonwealth vs. Prieto
1.19.2022
Ryan M. Tira
Criminal:
Habeas corpus petition; prima facie case of possessing a concealed, unlicensed weapon where officer observed weapon being tossed into bushes; constructive possession of weapon; sufficiency of evidence of tampering with evidence where defendant conceals weapon in bushes
(Prieto011922t)
(Posted: January 22nd 2022)
Civil:
Preliminary objections; sufficiency of pleading in credit card case; failure to attach credit card statements showing how claimed amount came to be due including alleged charges
and payments
(Ramos011822t)
(Posted: January 20th 2022)
Civil:
Preliminary objections; striking general, vague, and boilerplate allegations of negligence; failure to allege any improper conduct or describe specific care that should have been provided but was not
(Scipp011822t)
(Posted: January 20th 2022)
Civil:
Preliminary objections; verification by attorney; explicit statement that complaint is for breach of contract; objections resolved by representations at argument
(Funk011822t)
(Posted: January 20th 2022)
Commonwealth vs. Treese
1.18.2022
Ryan M. Tira
Criminal:
Post-sentence motion for reconsideration of sentence; coordinate jurisdiction rule; all arguments previously considered by sentencing judge
(Treese011822t)
(Posted: January 20th 2022)
Criminal:
Post sentence motion; excessive sentence; decision to sentence consecutively for separate and distinct acts of
purposeful and knowing behavior intended to steal elderly victim's assets; sentencing criteria; severity of crimes
(Strouse011122t)
(Posted: January 12th 2022)
Snyder vs. Finnerty
1.10.2022
Eric R. Linhardt
Civil:
Motion in limine; evidence of receipt of social security
disability benefits or application for benefits; collateral source rule; evidence of plaintiff's belief of her disability before accident at issue
(Snyder011022Li)
(Posted: January 11th 2022)
Criminal:
Motion in limine; prejudicial effect of video of assault; probative value far outweighing unpleasantness of footage
(Williams010322bt)
(Posted: January 6th 2022)
FQM Adoption
1.6.2022
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(AdoptionofFQM010622m)
(Posted: January 6th 2022)
Commonwealth vs. Guyer
12.23.2021
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence of sexual assaults based on testimony of victim
(Guyer122321bt)
(Posted: January 4th 2022)
Commonwealth vs. Acosta
12.15.2021
Ryan M. Tira
Criminal:
Omnibus motion based on the prohibition against double jeopardy; applicability of Crimes Code sections 109 & 110; criteria determining when former prosecution bars a subsequent prosecution; occurrences constituting one criminal episode; fundamental unfairness of prosecution after guilty plea on related charges
(Acosta121521t)
(Posted: January 3rd 2022)
Civil:
Preliminary objections; demurrer to claim that lease requires landlord to provide alternate housing after fire destroys apartment; sufficiency of pleading of alleged contractual duty; remedies for breach of implied warranty of habitability; applicability of unfair trade practices and consumer protection law to claimed breach of duties owed by landlord; specificity of negligence claims in landlord/tenant case; gist of the action; viability of punitive damages claim
(washington123021LI)
(Posted: January 3rd 2022)
Civil, Wills and Estates:
Non-jury trial; executor's fiduciary duty; need for an accounting of estate expenses
(Wurster123021Li)
(Posted: January 2nd 2022)
Stetts vs. ManorCare
12.30.2021
Eric R. Linhardt
Civil:
Motion for partial summary judgment; sufficiency of expert reports to support claims; negligence per se for neglect of care-dependent person under18 Pa. C.S. ยง 2713 or for alleged violations of the Older Adults Protective Services Act; evidence that alleged failure to report potential abuse caused injury; proof of a fiduciary relationship; viability of claim against corporate entity for aiding and abetting breach of fiduciary duty; evidence necessary to establish a prima facie claim of corporate liability for failing
to ensure that its policies relating to patient transfers and the use of the lift were followed; establishing injuries caused by claimed understaffing; viability of punitive damage claims; time for attacking punitive damage claim; jury determination of recklessness; motion to remand for arbitration for failure to meet jurisdictional amount
(stetts123021Li)
(Posted: January 2nd 2022)
Commonwealth vs. Terry
12.22.2021
Ryan M. Tira
Criminal:
Motion to dismiss legally insufficient information; sufficiency of factual allegations; precision of alleged dates of crimes where crimes are of a continuing nature over the course of several years; degree to which defendant's own actions contributed to pre-arrest delay; defendant's confession to crimes where victim has not reported crimes; prejudice; delay for further investigation; application of juvenile act to crimes of an adult committed as a child; applicability of juvenile act to sexual assaults committed by child; constitutionality of mandatory minimum prison sentences; suppression motion; voluntariness of confession; totality of circumstances
(Terry122221t)
(Posted: December 29th 2021)
TJJ Adoption
12.21.2021
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(AdoptionofTJJ122121m)
(Posted: December 22nd 2021)
Commonwealth vs. Newman
12.20.2021
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion for traffic stop; officer's reasonable belief that properly operating factory installed "corner lights" were "fog lights" that were not operating correctly
(Newman122021bt)
(Posted: December 22nd 2021)
Commonwealth vs. Jones
12.17.2021
Nancy L. Butts
Criminal:
Suppression motion; facially invalid search warrant; sufficient evidence to establish probable cause to search for credit card information and electronic devices; probable cause for search where police note powerful smell of raw marijuana and stem of marijuana that was not in prescribed container from a licensed dispensary; habeas corpus petition; prima facie case of possession of firearm; constructive possession; sufficiency of evidence of receipt of stolen property where defendant merely accepted packages delivered by carrier; sufficiency of evidence where only evidence suppressed
(Jones121721bt)
(Posted: December 20th 2021)
Commonwealth vs. Mincy
12.15.2021
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; response to court's order with notice of intent to dismiss; newly discovered facts; due diligence
(Mincy121521bt)
(Posted: December 18th 2021)
Commonwealth vs. Hall
12.9.2021
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction
(Hall120921bt)
(Posted: December 18th 2021)
Commonwealth vs. Johnson
12.8.2021
Nancy L. Butts
Criminal:
Suppression motion; plain view tour of probationer's home by probation officers; expanded search after finding contraband; reasonable suspicion that an individual possesses contraband or has violated conditions of probation; habeas corpus petition; prima facie showing that defendant was in constructive possession of gun
(Johnson120821bt)
(Posted: December 10th 2021)
Administrative Appeal:
Land use appeal; conditional use permit; reasonable conditions and safeguards; abuse of discretion standard; blanket objections to conditions as not supported by ordinance provisions; condition limiting use to scope of landowner's proposal; record justification for conditions; use approved based on its scope, not its operator; imposition of additional enforcement provisions
(Hartrandft120621t)
(Posted: December 9th 2021)
Hetherington vs. Masker
12.6.2021
Ryan M. Tira
Civil:
Petition to open or strike default judgment; timeliness of petition; explanation for failure to file answer; meritorious defense; motion for sanctions under Pa.R.C.P. 1023.1(c)(1); attempt to delay without any chance of prevailing on merits
(Hetherington120621t)
(Posted: December 9th 2021)
Civil:
Preliminary objections; landlord tenant appeal; limited liability company's appearance in court without an attorney; jurisdiction to consider claims raised by non-attorneys; specificity of complaint; allowing amendment of complaint upon sustaining preliminary objections
(Wolverine112421Li)
(Posted: December 8th 2021)
Commonwealth vs. Hanes
12.1.2021
Nancy L. Butts
Criminal:
Habeas corpus petition; timeliness; prima facie case for drug volitions
(Hanes120121bt)
(Posted: December 7th 2021)
Criminal:
Suppression motion; reasonable suspicion of criminal activity; probable cause for arrest; voluntariness of consent for search ;
(rohland120321t)
(Posted: December 6th 2021)
Commonwealth vs. Smith
11.12.2021
Kenneth D. Brown
Criminal:
Post conviction relief act petition; timeliness; proper method to challenge the decisions of the Board or the Department of Corrections calculation of sentence; authority of board to require that entire sentence be served in jail
(smith111221br)
(Posted: December 6th 2021)
Wills and Estates:
Interlocutory appeal; appealability of failure of court to allow an answer to petition
(wengert112321li)
(Posted: December 6th 2021)
Ruiz-Ayala vs. Brown
11.2.2021
Marc F. Lovecchio
Family:
Appeal of denial of motion to withdraw guilty plea; PFA contempt; admitted erroneous legal advice
(ruiz-ayala110221L)
(Posted: December 6th 2021)
Stuart vs. Stuart
12.3.2021
Eric R. Linhardt
Civil:
Partition action; adverse possession; divorce; procedure when defendant asserts a claim of disputed title; factual question of whether parties jointly own the real estate in question and what fractional interest each party holds.
(stuart120321Li)
(Posted: December 6th 2021)
Commonwealth vs. Booker
11.24.2021
Nancy L. Butts
Criminal:
Suppression motion; warrantless entry into residence; exigencies of situation creating compelling need for official action and no time to secure a warrant; summary offense; defendant's conduct escalating situation; search of coat incident to arrest; abandonment; search of vehicle where no probable cause or exigent circumstances existed to support a warrantless search
(Booker112421bt)
(Posted: November 29th 2021)
Commonwealth vs. Brown
11.16.2021
Ryan M. Tira
Civil:
Habeas corpus petition; Commonwealth impeaching its own witness with prior inconsistent statement; witness subject to cross-examination at hearing; admissible hearsay evidence; credibility determination of district justice; duty of district justice to accept substantive evidence submitted by Commonwealth as true
(Brown111621t)
(Posted: November 29th 2021)
Commonwealth vs. Sullivan
11.15.2021
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case for violations of firearms purchase laws
(Sullivan111521bt)
(Posted: November 21st 2021)
ES Adoption
10.22.2021
Ryan M. Tira
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(ES102221t)
(Posted: November 15th 2021)
Capps Estate
11.10.2021
Eric R. Linhardt
Wills and Estates:
Petition to admit to probate a photocopy of will,; presumption that original will was revoked or destroyed by testator; two-witness rule; clear and convincing evidence
(capps111021Li)
(Posted: November 11th 2021)
Commonwealth vs. Medlar
11.2.2021
Nancy L. Butts
Criminal:
Motion for protective order; relevance of data extracted from victim's cell phone; privacy violation; in camera review
(Medlar110221bt)
(Posted: November 9th 2021)
Commonwealth vs. Willits
10.29.2021
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel for advising to plead guilty when he was innocent; waiver of claims; challenges to discretionary aspects of sentencing; acceptance of responsibility that would justify a sentencing reduction; requirements to succeed on alleged ineffectiveness claim relating to failure to call a witness; claims implicating discretionary aspects of sentencing raised in context of ineffective assistance of counsel claim
(Willits102921L)
(Posted: November 7th 2021)
Commonwealth vs. Sanders
10.28.2021
Marc F. Lovecchio
Criminal:
Appeal; rule 600 motion; timeliness of Franks suppression motion filed on eve of trial; burden on defendant to provide allegations of deliberate falsehood or reckless disregard for
truth in affidavit of probable cause; reasonable expectation of privacy in place searched
(Sanders102821L)
(Posted: October 28th 2021)
Commonwealth vs. Applegate
10.28.2021
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; viability of case-stated nonjury trial in criminal case
(Applegate102821L)
(Posted: October 28th 2021)
Commonwealth vs. Williams
10.27.2021
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel; failure of defense to file rule 404(b)(3) motion where only the Commonwealth is required to do so; failure to call witness were there is fair probability that testimony would not change outcome of proceedings; reasonable basis for not calling witness; claimed misadvise about plea offer; hindsight regret for decision not to accept plea deal
(Williams102721L)
(Posted: October 27th 2021)
Commonwealth vs. Baney
10.27.2021
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; knowing, intelligent and voluntary guilty plea; claimed new evidence that was in existence prior to guilty plea
(Baney102721L)
(Posted: October 27th 2021)
Hartung vs. Hartung
10.27.2021
Ryan M. Tira
Divorce:
Petition for special relief; interpretation of property settlement agreement; claimed mutual mistake; reformation of agreement
(Hartung102721t)
(Posted: October 27th 2021)
Commonwealth vs. Costello
10.26.2021
Marc F. Lovecchio
Criminal:
Suppression motion; reasonable suspicion to detain defendant; specific and articulable facts and rational inferences from those facts that warrant a belief that individual is involved in criminal activity; probable cause; habeas corpus petition; sufficiency of evidence of attempted escape and disorderly conduct; attempting to drive away from investigative stop
(Costello102621L)
(Posted: October 27th 2021)
Commonwealth vs. Outland
10.22.2021
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause to make a constitutional
vehicle stop; observation of traffic violations; effectuating vehicle stop within reasonable time after viewing violation; probable cause for arrest where marijuana is observed in plain view
(Outland102221L)
(Posted: October 23rd 2021)
Commonwealth vs. Kellam
10.22.2021
Marc F. Lovecchio
Criminal:
Reconsideration of denial of post-conviction act petition; failure of counsel to predict future developments or changes in law
(Kellam102221L)
(Posted: October 23rd 2021)
Twigg vs. Twigg
10.15.2021
Ryan M. Tira
Divorce:
Petition for special relief; obligation of spouse living in property to pay mortgage and expenses; agreement for sale of property
(Twigg101521t)
(Posted: October 22nd 2021)
Civil:
Motion for contempt; proper party to suit; persons responsible to abide by order; garbage accumulation; sanction payable to Township
(Lewis101521t)
(Posted: October 22nd 2021)
Commonwealth vs. Harris
10.21.2021
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause for search warrant to search home; lack of nexus between property searched and criminal activity
(Harris102121L)
(Posted: October 22nd 2021)
Commonwealth vs. Zimmerman
10.21.2021
Marc F. Lovecchio
Criminal:
Habeas corpus petition; sufficiency of evidence of specific intent to perpetrate a serious bodily injury upon another; firing a gun into the ground to attempt to menace, frighten and/or scare another
(zimmerman102121L)
(Posted: October 22nd 2021)
Commonwealth vs. Rogers
10.15.2021
Marc F. Lovecchio
Criminal:
Habeas corpus petition; prima facie case of theft of telecommunication service; entire case consisting of hearsay evidence; television service bill as business records exception; evidence of consent
(rogers101521L)
(Posted: October 16th 2021)
Logue Estate
10.14.2021
Joy Reynolds McCoy
Wills and Estates:
Request for jury trial of issues raised in objections to estate accounting; substantial dispute of fact
(Logue101421m)
(Posted: October 14th 2021)
Moore vs. Barclay
10.11.2021
Marc F. Lovecchio
Family:
Appeal; contempt of protection from abuse order; credibility of witnesses
(moore101121L)
(Posted: October 14th 2021)
AMH Adoption
10.11.2021
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(AdoptionofAMH101121m)
(Posted: October 11th 2021)
Hedges vs PaDOT
10.6.2021
Ryan M. Tira
Civil:
Request for emergency relief to prevent property owner from interfering with road construction; size of right-of-way; necessity of removal of trees; claim of title by adverse possession against Commonwealth property
(Hedges100621t)
(Posted: October 9th 2021)
Commonwealth vs. Mincy
10.5.2021
Nancy L. Butts
Criminal:
Post-conviction relief act petition; timeliness
(Mincy100521bt)
(Posted: October 9th 2021)
Criminal:
Nominal bail motion pursuant to rule 600; calculation of time of incarceration; suspension of rule 600 due to pandemic
(Cavanaugh100121bt)
(Posted: October 9th 2021)
Commonwealth vs. Morehart
10.4.2021
Nancy L. Butts
Criminal:
Suppression motion; voluntariness of confession during police interview; venue change because of prejudicial pretrial publicity; passage of time after news articles
(Morehart100421bt)
(Posted: October 9th 2021)
Dodson v UPMC
10.6.2021
Eric R. Linhardt
Civil:
Motion to strike certificate of merit; pro se plaintiff; sufficiency of certificate of merit to establish vicarious liability; need for written statement of doctor to satisfy the certificate of merit requirement to also meet the standards for admissibility for expert testimony at trial
(DODSON100621Li)
(Posted: October 6th 2021)
Commonwealth vs. Draft
10.5.2021
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause for search warrant to search home; consideration of 4 corners of affidavit of probable cause; examination of totality of facts and not review of each allegation separately
(Draft100521L)
(Posted: October 5th 2021)
Commonwealth vs. Bean
10.5.2021
Marc F. Lovecchio
Criminal:
Appeal
(Bean100521L)
(Posted: October 5th 2021)
Commonwealth vs. Gamon
9.29.2021
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion to stop vehicle drifting over the center line of a highway
(Gamon092921bt)
(Posted: October 5th 2021)
Commonwealth vs. Thompson
10.1.2021
Marc F. Lovecchio
Criminal:
Motion to permit Xbox records to be admissible pursuant to evidence rule 803(6); pursuant to Rule 803(6); certification of custodian
(Thompson100121L)
(Posted: October 4th 2021)
Commonwealth vs. Fulger
10.4.2021
Marc F. Lovecchio
Criminal:
Suppression motion; scope of search warrant of cell phone; standing to object to search of another's cell phone; reasonable or legitimate expectation of privacy where phone application created a memorialized record of communication that was beyond the control of sender
(Fulger100421L)
(Posted: October 4th 2021)
Commonwealth vs. Sauter
10.4.2021
Marc F. Lovecchio
Criminal:
Appeal; sentencing discretion; sentence tailored to particular facts and circumstances of case; volume discount for crimes; consideration of nature and circumstances of the offenses, their impact on the victim and the need to protect the
community; weight of defendant's age, lack of prior convictions and prior law-abiding life in sentencing
(Sauter100421L)
(Posted: October 4th 2021)
Commonwealth vs. Harris
9.23.2021
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; claim of ineffective counsel for failing to advise that defendant could not be convicted of sex crime based solely on testimony of victim; necessity for corroboration of testimony; knowing, intelligent and voluntary guilty plea
(Harris092321L)
(Posted: September 29th 2021)
Hallabuk vs. Hallabuk
9.23.2021
Ryan M. Tira
Divorce:
Petition for enforcement of agreement/petition for contempt; definition of "profit"; intention of the parties when drafting property settlement agreement; ambiguity
(Hallabuk092321t)
(Posted: September 28th 2021)
Criminal:
Suppression motion; vehicle stop for tinted windows; reasonable suspicion after defendant attempted to flee; existence of exigent circumstances; scope of search; exception to prohibition of person not to possess firearm prohibition; investigative detention requiring advising of Miranda rights; issues not appropriately raised in suppression motion
(Patterson-Carpenter092421bt)
(Posted: September 28th 2021)
Commonwealth vs. Williams
9.21.2021
Nancy L. Butts
Criminal:
Rule 907 response to court's notice of intent to dismiss; timeliness of filing; federal applicability of federal habeas corpus petition to Pennsylvania post-conviction timetable; jurisdiction
(Williams092121bt)
(Posted: September 26th 2021)