Civil:
Appeal
(ket010819L)
(Posted: January 9th 2019)
Commonwealth vs. Vassallo
1.4.2019
Marc F. Lovecchio
Criminal:
Motion to preclude SVP hearing; constitutionality of designation mechanism that was unchanged in new statute; court's obligation to follow Supreme Court decisions; fact-finding requirement not rooted in historic jury function; US Supreme Court decision as impacting decision under Pennsylvania constitution; illusory changes to statute
(vassallo010419L)
(Posted: January 4th 2019)
Commonwealth vs. Doss
1.3.2019
Marc F. Lovecchio
Criminal:
Appeal; resentencing on probation violation; discretion to impose consecutive sentences; failure of defendant to cooperate with programs and treatments ordered by court; application of sentencing guidelines to a probation violation sentence; consideration of required factors of sentence imposition
(Doss010319)
(Posted: January 3rd 2019)
Commonwealth vs. Askey
1.3.2019
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; knowing, voluntary and intelligent plea; buyer's remorse relating to plea deal; authority of court to impose a lesser period of sexual offender registration for tier III offences
(Askey010319L)
(Posted: January 3rd 2019)
Commonwealth vs. Pittenger
1.3.2019
Marc F. Lovecchio
Criminal:
Appeal; waiver of all claims and defenses with no contest plea; defendant's acknowledgment of consequences of plea, at hearing and in writing
(Pittenger010319L)
(Posted: January 3rd 2019)
Commonwealth vs. Thomas
12.31.2018
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion for motor vehicle stop; standing of passenger to object to driver's consent to search vehicle; probable cause for arrest for ungraded felony
(Thomas123118BT)
(Posted: January 2nd 2019)
Commonwealth vs. Hendrix
12.31.2018
Nancy L. Butts
Criminal:
Suppression motion; detention of defendant to attempt to obtain his address for service of document related to prior arrest; fleeing an officer where there is no probable cause for an arrest or detention
(Hendrix123118BT)
(Posted: January 2nd 2019)
Commonwealth vs. West
12.31.2018
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion for vehicle stop; illegal window tint; probable cause for vehicle search upon smelling the odor of burnt marijuana
(West123118BT)
(Posted: January 2nd 2019)
Commonwealth vs. Boone
12.31.2018
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; knowing, voluntary and intelligent guilty plea; sufficient time to discuss plea agreement with counsel; appearance of the victim's family at the sentencing hearing as pressure to accept plea agreement; merits of "stand your ground" defense
(Boone123118L)
(Posted: December 31st 2018)
Commonwealth vs. Dick
12.31.2018
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; registration of sexual offender requirements; comparability of Minnesota and Pennsylvania statutes; ex post facto law
(Dick123118L)
(Posted: December 31st 2018)
Commonwealth vs. Reid
12.31.2018
Marc F. Lovecchio
Criminal:
Suppression motion; warrantless search of home for suspected parole violation; reasonable suspicion of existence of contraband or other evidence of violations of conditions of supervision; parole agent acting as stalking horses of police or acting on their own initiative; reliability of information received of parole violation
(Reid123118)
(Posted: December 31st 2018)
Commonwealth vs. Heck
12.18.2018
Marc F. Lovecchio
Criminal:
Motion to compel more specific bill of particulars; narrow purpose of request; information about co-conspirator in murder, dates of alleged conspiracy and dates of homicide; substitute for discovery
(heck121818L)
(Posted: December 28th 2018)
Joiner vs. Logue
12.21.2018
Eric R. Linhardt
Civil:
Post-trial motion; lease renewal; implied covenant of quiet enjoyment; litigious efforts made in bad faith
(joiner122118Li)
(Posted: December 24th 2018)
Commonwealth vs. Moy
12.21.2018
Marc F. Lovecchio
Criminal:
Post-sentence motion; claimed discovery violation; lack of prejudice; inference of unfavorable testimony due to failure to call confidential informant; availability of witness; verdict against weight of evidence; claimed lack of credibility of trooper; sufficiency of evidence; claimed unreasonable and excessive sentence; determinations involved in sentencing
(Moy20181221L)
(Posted: December 22nd 2018)
ONW and AMW Adoption
12.20.2018
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; requested continuance; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; claimed fear of prosecution under protection from abuse order; no existing bond
(AdoptionofOWandAW122018m)
(Posted: December 22nd 2018)
Commonwealth vs. Choice
12.20.2018
Nancy L. Butts
Criminal:
Suppression motion; probable cause to search residence; reliability of informant's information; totality of the circumstances; failure to give search warrant to defendant as cause for suppression; prejudice; severance of firearms charge due to prejudice;
(Choice121918BT)
(Posted: December 20th 2018)
Commonwealth vs. Moyer
12.20.2018
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; statutory limitation on modification of court orders
(Moyer122018L)
(Posted: December 20th 2018)
Commonwealth vs. Gehr
12.19.2018
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; attempt to withdraw plea after sentencing; knowing, intelligent, and voluntary guilty plea; reference to inapplicable, unconstitutional statutes
(Gehr121918L)
(Posted: December 19th 2018)
Commonwealth vs. Ceruti
12.18.2018
Marc F. Lovecchio
Criminal:
Suppression motion; search of backpack discarded during police chase; standing; voluntary abandonment
(ceruti121818L)
(Posted: December 19th 2018)
Administrative Appeal:
Zoning appeal; special exception for farm property to grow hops and grapes to process and sell beer and wine on and off site; decision based on substantial evidence; evidence that the proposal would generate adverse effects greater than that normally expected; speculative findings concerning noise levels
(smedley121718Li)
(Posted: December 18th 2018)
Commonwealth vs. Kesig
12.18.2018
Marc F. Lovecchio
Criminal:
Motion to vacate SVP hearing order; unconstitutional applicability registration acts
(kelsig121818L)
(Posted: December 18th 2018)
Commonwealth vs. Sims
12.18.2018
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause to stop vehicle; interpretation of turn signal statute; duty of operator of stopped vehicle
(sims121818L)
(Posted: December 18th 2018)
Commonwealth vs. Kelce
12.13.2018
Marc F. Lovecchio
Criminal:
Appeal by Commonwealth of rule 600 dismissal; defendant failing to appear; proper notice of court hearing; due diligence; burden of Commonwealth to show excludable time; sufficiency of evidence of service of summons
(Kelce121318L)
(Posted: December 13th 2018)
Commonwealth vs. Paulhamus
12.13.2018
Nancy L. Butts
Criminal:
Suppression motion; voluntariness of third-party consent
to search defendant's residence; totality of the circumstances
(Paulhamus121318BT)
(Posted: December 13th 2018)
Commonwealth vs. Ultsh
12.13.2018
Marc F. Lovecchio
Criminal:
Motion to vacate order for sexually violent predator hearing; tier I offender
(ultsh121318L)
(Posted: December 13th 2018)
Commonwealth vs. Eck
12.7.2018
Marc F. Lovecchio
Criminal:
Appeal; claimed excessive sentence; waiver of issues not preserved in a post-sentence motion; revocation of probationary sentence for committing new crimes and absconding from supervision; failure to use opportunities for rehabilitation; likelihood of new crimes being committed
(eck120718L)
(Posted: December 12th 2018)
Commonwealth vs. Martinez
12.10.2018
Marc F. Lovecchio
Criminal:
Suppression motion; search of parolee's residence by parole officers; reasonable suspicion of parole condition violation; voluntariness of consent to search; habeas corpus petition; constructive possession of drugs; totality of the circumstances; consciousness of guilt
(martinez120718L)
(Posted: December 12th 2018)
Criminal:
Habeas corpus petition; prima facie case; constructive possession; involvement in conspiracy; Circumstantial evidence; involvement in drug ring; suppression motion; sufficiency of affidavit of probable cause for search warrant; field testing; risk of fentanyl exposure; privacy interest to object to search of backpack; motion to sever; joint trial when criminal conspiracy is charged; speculation of prejudice; motion to quash; mistyped count
(Crawford121218BT)
(Posted: December 12th 2018)
Commonwealth vs. Smith
12.11.2018
Marc F. Lovecchio
Criminal:
Suppression motion; reasonable suspicion or probable cause to conduct traffic stop; credibility of police officer testimony of traffic violation
(smith121118L)
(Posted: December 11th 2018)
Commonwealth vs. Alford
12.10.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; knowing, intelligent, and voluntary guilty plea; inclusion of juvenile record in prior record score
(Alford121018BT)
(Posted: December 10th 2018)
Commonwealth vs. Stine
12.5.2018
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; failure to account for time released on bail wearing electronic monitoring; knowing, intelligent and voluntary plea; waiver of rights; counsel acting in defendant's best interests by discussing conversation with defendant, in open court
(stine120518L)
(Posted: December 7th 2018)
SEJ Adoption
12.6.2018
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; non-appearance of defendant; requested continuance; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; no existing bond
(AdoptionofSEJ120618m)
(Posted: December 7th 2018)
Commonwealth vs. Morgret
12.3.2018
Marc F. Lovecchio
Criminal:
Habeas corpus motion; sufficiency of evidence of possession with intent to deliver where there is evidence of different schedules and types of narcotics, a large amount of currency and a digital scale in the searched home; determination of credibility of defense explanation for the cash; suppression motion; forced consent on a parolee; reasonable suspicion to support search of parolee's residence based on claimed association with claimed known drug dealer at another property
(Morgret120318L)
(Posted: December 3rd 2018)
Commonwealth vs. Allen
11.27.2018
Marc F. Lovecchio
Criminal:
Discovery motion; habeas corpus petition; grading of offense of attempted interference with custody; need for contact or communication with child
(Allen112718L)
(Posted: November 27th 2018)
Civil:
Post trial motions; boundary dispute; coordinate jurisdiction rule; disqualification of witness hired for purposes of settlement negotiations; issue preserved for appeal
(Shipman112018LI)
(Posted: November 26th 2018)
Civil:
Motion for judgment on the pleadings; land title dispute; incapacity of person granting power of attorney; sufficiency of pleading
(Koutroulelis111618Li)
(Posted: November 26th 2018)
Civil:
Motion to extend deadline to file certificate of merit; reasonable explanation for delay; failure of initially contacted expert to provide favorable evidence; conduct of counsel in permitting the witness to dawdle
(Moore111618Li)
(Posted: November 21st 2018)
Commonwealth vs. Nihart
11.16.2018
Eric R. Linhardt
Family:
Recusal motion; appearance of prejudice due to judge's previous position as district attorney; lack of personal involvement in prosecution of cases against defendant; evidence of actual bias
(nihart111618Li)
(Posted: November 21st 2018)
Civil:
Preliminary objections; credit card debt collection; sufficiency of the complaint; specific details of special damages; failure to attach documents; sufficiency of verification by counsel
(Cavalry111629Li)
(Posted: November 21st 2018)
Commonwealth vs. Webb
11.20.2018
Marc F. Lovecchio
Criminal:
Commonwealth's motion for reconsideration of denial of SVP hearing; lack of constitutional SVP designation mechanism
(webb112018L)
(Posted: November 20th 2018)
Commonwealth vs. Swank
11.20.2018
Marc F. Lovecchio
Criminal:
Motion to vacate order for sexually violent predator hearing; lack of a constitutional SVP designation mechanism
(swank112018L)
(Posted: November 20th 2018)
Commonwealth vs. Hall
11.20.2018
Marc F. Lovecchio
Criminal:
Reconsideration of sentence; deadly weapon possessed enhancement; sentence within standard guidelines; previous breaks as an opportunity to become a law abiding citizen; need to protect the public
(hall112018L)
(Posted: November 20th 2018)
Commonwealth vs. Cradle
11.13.2018
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence to establish prima facie case of guilt of possession of contraband and tampering with evidence; flushing blue packets down toilet while in custody of officers, being searched
(Cradle111318BT)
(Posted: November 13th 2018)
Commonwealth vs. Chism
11.8.2018
Nancy L. Butts
Criminal:
Warrantless search of home; exigent circumstances; police-created exigencies; probable cause for warrant
(Chism110818BT)
(Posted: November 9th 2018)
Commonwealth vs. Johnson
11.8.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Johnson110818BT)
(Posted: November 9th 2018)
Commonwealth vs. Gillison
11.8.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; eligibility for RRRI
(Gillison110818BT)
(Posted: November 9th 2018)
Administrative Appeal:
Expulsion appeal; request for de novo hearing; defects on the face of the record; waiver of issues not preserved in the record; proper notice of informal hearing prior to suspension; alternate means of delivering notice where written notice impractical; adequacy of telephone notice in case of threats of school shooting
(barnhart110518Li)
(Posted: November 9th 2018)
Commonwealth vs. Vassallo
11.8.2018
Marc F. Lovecchio
Criminal:
motion to preclude sexually violent predator hearing; constitutionality of designation mechanism; burden of proof
(Vassallo110818L)
(Posted: November 8th 2018)
Commonwealth vs. Kennedy
11.8.2018
Marc F. Lovecchio
Criminal:
Appeal; mistrial declaration; manifest necessity; intimidating conduct by defendant's girlfriend toward jurors
(Kennedy110818L)
(Posted: November 8th 2018)
Commonwealth vs. Hoffman
11.7.2018
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; SORNA registration requirement issue; ex post facto law; timeliness; new constitutional right exception; retroactive application; mootness
(Hoffman110718L)
(Posted: November 7th 2018)
Commonwealth vs. Packer
11.7.2018
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; SORNA registration requirement issue; ex post facto law; timeliness; new constitutional right exception; retroactive application; waiver; mootness
(Packer110718L)
(Posted: November 7th 2018)
Commonwealth vs. Pabone
11.7.2018
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; registration requirements under SORNA; offense occurring after passage of new act
(Pabone110718L)
(Posted: November 7th 2018)
Commonwealth vs. Lattie
11.6.2018
Nancy L. Butts
Criminal:
Suppression motion; validity of anticipatory search warrant; probable cause at time of application for search warrant that triggering event would occur; failure to field test suspected drugs; history of previous controlled buys; staleness; claimed overbroad description
(Lattie110618BT)
(Posted: November 6th 2018)
Commonwealth vs. Rhinehart
11.2.2018
Marc F. Lovecchio
Criminal:
Habeas corpus motion; sufficiency of evidence of aggravated assault by vehicle; vehicle in wrong lane without any apparent reason
(rhinehart110218L)
(Posted: November 6th 2018)
Commonwealth vs. Williams
11.5.2018
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence of criminal use of a communication facility; identity of defendant as person on telephone based on identification testimony of trooper who heard voice on telephone
(Williams110518BT)
(Posted: November 6th 2018)
Commonwealth vs. McCloe
11.2.2018
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion for investigatory detention; totality of the circumstances
(McCloe110218BT)
(Posted: November 2nd 2018)
Commonwealth vs. Swinn
11.2.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; knowing, voluntary, and intelligent guilty plea; timeliness; retroactive application of decisions regarding constitutionality of SORNA
(Swinn110218BT)
(Posted: November 2nd 2018)
Commonwealth vs. Taylor
11.2.2018
Marc F. Lovecchio
Criminal:
Commonwealth's motion for reconsideration; suppression motion; investigatory detention or mere encounter; dependence on words used by officer; restraint by a show of coercive authority; reasonable impression conveyed to person being stopped; incriminating questioning
( taylor11022018L)
(Posted: November 2nd 2018)
ZWB Adoption
10.31.2018
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; non-appearance of defendant; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; failure to exercise court awarded custody rights; ability to contact child and lack of obstacles imposed by custodial parent; no existing bond
(AdoptionofZWB103118m)
(Posted: November 1st 2018)
Commonwealth vs. Valencia
10.29.2018
Marc F. Lovecchio
Criminal:
Appeal; sentencing discretion; revocation of probation sentence on conviction of new offense; factors considered by the court; abysmal history on supervision
(valencia102918L)
(Posted: November 1st 2018)
In re: D.M.
10.30.2018
Joy Reynolds McCoy
Criminal:
Appeal of juvenile adjudication; sufficiency of evidence of disorderly conduct; conduct including pushing a teacher and refusing to obey commands to return to her seat
(InReDM103018m)
(Posted: November 1st 2018)
Commonwealth vs. Smith
9.28.2018
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court; entitlement to credit for time served
(smith09282018)
(Posted: October 30th 2018)
Commonwealth vs. Puch
10.26.2018
Marc F. Lovecchio
Criminal:
Suppression motion; conversations with officers without being given Miranda rights; detention with handcuffs while residence was being searched; questions intended to elicit incriminating responses; totality of circumstances
(Puch102618L)
(Posted: October 26th 2018)
Commonwealth vs. Cohick
10.25.2018
Marc F. Lovecchio
Criminal:
Appeal from order finding parole violation; positive findings from Transdermal Alcohol Device; burden of proof of violation; credibility of testimony
(Cohick102518L)
(Posted: October 25th 2018)
Commonwealth vs. Keys
10.24.2018
Nancy L. Butts
Criminal:
Probable cause to effectuate vehicle stop for use of earbuds while operating vehicle; investigatory detention based on items found during consent search of plastic bag
(Keys102418BT)
(Posted: October 25th 2018)
Commonwealth vs. Edwards
10.24.2018
Nancy L. Butts
Criminal:
Suppression motion; jurisdiction of police officer; observation of turn signal violation; hot pursuit of a witnessed traffic violation; extended period in officer's primary jurisdiction before effectuating stop; written agreement between municipalities to permit officers to act in other's jurisdiction; lack of prejudice
(Edwards102418BT)
(Posted: October 25th 2018)
Commonwealth vs. Sammond
10.24.2018
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion to conduct investigatory detention; probable cause for an arrest
(Sammond102418BT)
(Posted: October 25th 2018)
Commonwealth vs. Brown
10.24.2018
Nancy L. Butts
Civil:
Habeas corpus petition; prima facie case of possession of a gun without license; use of hearsay evidence; reliance on dissenting opinion of Supreme Court Justice
(Brown102418BT)
(Posted: October 25th 2018)
Commonwealth vs. Cummings
10.17.2018
Nancy L. Butts
Criminal:
Suppression motion; search of parolee's residence after probable violations of parole; reasonable suspicion
(Cummings101718BT)
(Posted: October 17th 2018)
Commonwealth vs. Castro
10.17.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; challenge to sexually violent predator designation; timeliness; retroactive application of caselaw; waiver of claims not raised on appeal; mootness
(Castro101718bt)
(Posted: October 17th 2018)
Commonwealth vs. Girardi
10.17.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; challenge to sexula offender registration requirements; timeliness; retroactive application of caselaw
(Girardi101718bt)
(Posted: October 17th 2018)
Commonwealth vs. Sims
10.17.2018
Marc F. Lovecchio
Criminal:
Untimely pretrial motions; interests of justice requiring acceptance of defendants excuses for late filing; motion with arguable merit
(sims101718L)
(Posted: October 17th 2018)
Commonwealth vs. Fox
10.16.2018
Nancy L. Butts
Criminal:
Suppression motion; DUI arrest; knowing intelligent and voluntary consent to blood draw; totality of circumstances
(Fox101618bt)
(Posted: October 16th 2018)
Salladasburg vs. Sheddy
10.16.2018
Richard A. Gray
Civil:
Summary judgment motion; issue concerning ownership of alleyways; claimed public rights-of-way; dedication by implication; requirement of process of eminent domain and with fair compensation given; assertion of adverse possession by municipality
(SALLADASBURG101618L)
(Posted: October 16th 2018)
Criminal:
Motion to determine competency to stand trial for homicide; burden of proof; substantial inability to understand nature or object of proceedings or participate and assist in defense
(NorbyVardac101618BT)
(Posted: October 16th 2018)
Commonwealth vs. Wiggins
10.16.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; claimed ineffective assistance of counsel because defendant not made aware of State Intermediate Punishment program; knowing, intelligent, voluntary, and understanding plea; eligibility for program
(Wiggins101618BT)
(Posted: October 16th 2018)
Commonwealth vs. Moyer
10.16.2018
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; issues relating to the court vacating the lenient sentence and resentencing defendant on the same day after becoming aware that defendant lied during the initial sentencing hearing; right of court to rescind sentence within 30 days or if procured by misinformation or fraud; sua sponte action by court
(Moyer101618L)
(Posted: October 16th 2018)
Commonwealth vs. Chestnut
10.16.2018
Marc F. Lovecchio
Criminal:
Post sentencing motion; impeachment of jury verdict by subsequent testimony of a juror; sufficiency and weight of evidence of assault
(chestnut101618L)
(Posted: October 16th 2018)
Commonwealth vs. Potter
10.15.2018
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause to search hospital records for results of blood and urine testing after defendant was hospitalized after an accident; evidence that defendant was behaving in a peculiar way before the accident and was combative after the accident and attempted to flee the scene of the accident; warrant used as investigative tool to seize mere evidence; breadth of warrant
(potter101518L)
(Posted: October 15th 2018)
Commonwealth vs. Sanders
10.11.2018
Marc F. Lovecchio
Criminal:
Motion in limine; bad acts evidence; relevance of narcotics buys to firearms charges; res gestae exception for admission of evidence of other crimes or bad acts to tell the complete story
(Sanders101118L)
(Posted: October 13th 2018)
Commonwealth vs. Sanders
10.9.2018
Marc F. Lovecchio
Criminal:
Motion in limine regarding plea negotiations; defendant's unsolicited request;
(Sanders100918L2)
(Posted: October 10th 2018)
Commonwealth vs. Sanders
10.9.2018
Marc F. Lovecchio
Criminal:
Suppression motion; sufficiency of search warrant; probable cause; search of residence as a result of information from confidential informant; expectation of privacy
(Sanders100918L)
(Posted: October 10th 2018)
Commonwealth vs. Johnson
10.9.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court; retroactive application of case authority
(Johnson100918BT)
(Posted: October 10th 2018)
Commonwealth vs. Riera
10.10.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; effective assistance of counsel; preparation of defendant to testify at trial; merits of claim; failure to call witness; credibility of claim of medical condition in existence at time of murder
(RIERA101018bt)
(Posted: October 10th 2018)
Commonwealth vs. Faxon
10.4.2018
Nancy L. Butts
Criminal:
Motion to dismiss information for lack of jurisdiction and petition for a writ of habeas corpus; evidence of location of person who communicated false information to a deputy in Pennsylvania; sufficiency of evidence of identity of person on phone as defendant; false information constituting an unlawful act
(Faxon100418BT)
(Posted: October 5th 2018)
Civil:
Petition by the Attorney General for involuntary dissolution and cy pres; inability of non-profit corporation to fulfill its original charitable purpose; doctrine of deviation; circumstances under which solvent corporation may be involuntarily dissolved by action of the Attorney General; no allegations of improper conduct or waste of assets; equitable remedies; expansion of original charitable purpose to defeat cy pres
(Independent100418BT)
(Posted: October 4th 2018)
Commonwealth vs. Clay
10.4.2018
Nancy L. Butts
Criminal:
Appeal
(clay100418BT)
(Posted: October 4th 2018)
Commonwealth vs. McLaurin
9.24.2018
Marc F. Lovecchio
Criminal:
Appeal; evidence of admission made to nurse during prison intake; relevant evidence; possible prejudice; hearsay; admission of a party
(McLaurin092418L)
(Posted: October 3rd 2018)
Commonwealth vs. Rose
9.28.2018
Marc F. Lovecchio
Criminal:
Appeal; preservation of issue for appeal; resentencing after probation violations; basis for state sentence
(Rose092818L)
(Posted: October 3rd 2018)
Commonwealth vs. Drummond
10.3.2018
Nancy L. Butts
Criminal:
Suppression motion; challenge to search warrant; probable cause for anticipatory search warrant; danger of field testing suspected narcotics due to the potential existence of Fentanyl; totality of circumstances; staleness of warrant
(Drummond100318BT)
(Posted: October 3rd 2018)
Civil:
Preliminary objections; specificity of allegations of complaint as to unnamed employees; claimed boilerplate allegations; blending allegations of corporate negligence into vicarious liability allegations; punitive damages; factual basis for claim
(lutz092618Ln)
(Posted: September 26th 2018)
Joiner vs. Logue
9.26.2018
Eric R. Linhardt
Civil:
Non-jury verdict in landlord-tenant dispute; implied covenant of quiet enjoyment; implied warranty of habitability; Fair Credit Extension Uniformity Act and Unfair Trade Practices and
Consumer Protection Law claims
(joiner092618Ln)
(Posted: September 26th 2018)
Commonwealth vs. Redding
9.25.2018
Marc F. Lovecchio
Criminal:
Motion to enforce plea agreement; cooperating witness who is not called to testify as agreed; fundamental fairness and the interests of justice
(redding092518L)
(Posted: September 25th 2018)
Commonwealth vs. Gamon
9.25.2018
Nancy L. Butts
Criminal:
Suppression motion; mere encounter with defendant leading to reasonable suspicion of criminal activity due to odor of marijuana
(Gamon092518bt)
(Posted: September 25th 2018)
Commonwealth vs. Beatty
9.24.2018
Marc F. Lovecchio
Criminal:
Petition to determine restitution; burden of proof; conflicting testimony; excessive or speculative restitution amount claim
(beatty092418L)
(Posted: September 24th 2018)
Commonwealth vs. Brown
9.24.2018
Nancy L. Butts
Criminal:
Post conviction relief act petition; claim that sentencing court did not adequately weigh mitigating factors; knowing, voluntary, and intelligent guilty plea; sentence in accordance with guilty plea agreement
(Brown092418BT)
(Posted: September 24th 2018)
Criminal:
Appeal from grant of habeas corpus motion; prima facie case of theft; mere conjecture or surmise as to connection between items sold by defendant and items taken from his workplace
(Longenberger092018BT)
(Posted: September 21st 2018)