Lycoming County Court Opinions
The database contains over 6000 opinions issued by the Lycoming County Court of Common Pleas since 1999.
Browse all the opinions from the list below, with the most recently posted opinions at the top.
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Criminal:
Appeal of constitutionality of the wiretap law, after pleading nolo contendere to charges; failure to file pre-trial motions; waiver of issues
(Bradley040324t)
(Posted: April 6th 2024)
Criminal:
Post conviction relief act petition; voluntary, knowing, and intelligent guilty plea; comprehensive guilty plea colloquy; prejudice due to failure of attorney to notify court of investigation cooperation, where there is a negotiated plea agreement
(Barkholz040424bt)
(Posted: April 6th 2024)
Criminal:
Appeal; sufficiency of evidence to support conviction for possession with intent to deliver; police officer testimony establishing that the volume of drugs was consistent with intending to deliver
(Ellman032724bt)
(Posted: March 30th 2024)
Bollinger and Bollinger Solar, LLC vs. Wolf Township Board of Supervisors
3.27.2024
William P. Carlucci
Administrative Appeal:
Land use appeal; Statutory time limit for appeal board written decision; determination of when record of proceeding closed; deemed approval for failure to meet decision deadline
(Bollinger032724C)
(Posted: March 27th 2024)
Civil:
Motion to compel deposition; communications subject to attorney client privilege; authority of attorney to waive privilege; privilege applying to email confirming terms of property settlement agreement
(Lundy032624C)
(Posted: March 26th 2024)
Criminal:
Appeal by Commonwealth of denial of motion to consolidate charges; discretion of court; timeliness; lack of prejudice as justification for violation of time limit; compulsory joinder of claims; failure of party to brief or argue issue; waiver
(Robinson032524bt)
(Posted: March 25th 2024)
Civil:
Motion to stay arbitration; applicability of Revised Statutory Arbitration Act; enforceability of arbitration agreement; law favoring arbitration; unconscionable agreement; addressing concerns of bias in arbitrator selection process
(Griffin032524C)
(Posted: March 25th 2024)
Criminal:
Appeal of denial of untimely post conviction relief act petition; jurisdiction of the court
(Nottingham030124bt2)
(Posted: March 22nd 2024)
Criminal:
Appeal;timeliness of post conviction relief act petition; jurisdiction of court
(Nottingham030124bt1)
(Posted: March 22nd 2024)
Criminal:
Appeal
(bird022924bt)
(Posted: March 22nd 2024)
Criminal:
Post conviction relief act petition; ineffective assistance of counsel which so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place; presumption that counsel has rendered effective assistance; counsel's strategy and tactics; harmless error where counsel fails to cross-examine witness about issues already raised in direct examination; prejudice resulting in different verdict; reasonable basis for trial strategy; claim of Brady violation for failure to disclose potential favorable treatment of criminal charges against witness, offered after trial; necessity of corrupt source jury charge where other parts of the charge covered the issue; failure to investigate missing witness, where PCRA counsel was unable to find witness and trial counsel used the missing witness to defendant's advantage; issue concerning racial composition of jury, where no specific issues are delineated; failure to delineate how failure to call ballistics expert would have helped defendant; challenge to affidavit of probable cause where no specific allegations of falsehood or reckless disregard for truth are alleged
(Frierson031824bt)
(Posted: March 20th 2024)
Civil:
Petition to open default judgment; complaint served out of state by ordinary mail when certified mail was unclaimed; sufficiency of service to establish personal jurisdiction of the court; promptly served petition; meritorious defense; equitable considerations
(morgan20240320)
(Posted: March 20th 2024)
Civil:
Authority of court to reconsider final summary judgment order after expiration of 30 days; tolling the 30-day period; motion to dismiss untimely motion for lack of subject matter jurisdiction
(mayer031424Li)
(Posted: March 17th 2024)
Kramer vs. Muncy Township Zoning Hearing Board; Solar Renewa Energy, LLC v. Muncy Township Zoning Hearing Board
3.5.2024
William P. Carlucci
Administrative Appeal:
Land use appeal of grant of special exception; timeliness of decision to avoid "deemed approval" under the statute; validity of decision and conditions rendered after time for decision expired; standing to appeal; de novo hearing
(Kramer030524C.pdf)
(Posted: March 5th 2024)
Administrative Appeal:
Petition to set aside tax upset sale; notice of tax sale; illegible post office return receipts as credible evidence
(Cheunes022924C)
(Posted: February 29th 2024)
Civil:
Motions in limine; court's role as gatekeeper of relevant evidence; need for expert testimony to establish corporate negligence claim; scope of testimony limited to only relevant matters
(Lovett022924C)
(Posted: February 29th 2024)
Civil:
Summary judgment motion; existence of fact issues whether owner of property knew of defective a railing
(Rockey022924C)
(Posted: February 29th 2024)
Criminal:
Non-jury summary appeal trial; issue of whether Quadricycle is "street legal" under the vehicle code; applicability of full faith and credit clause of the U.S. Constitution to question of whether Pennsylvania must allow street use of a prohibited vehicle that is street legal in Montana; sufficiency of evidence to support citations for vehicle code violations; subjecting ATV to all highway vehicle requirements and limitations
(Kessler022824C)
(Posted: February 28th 2024)
Criminal:
Motion to compel discovery; suppression motion; Miranda issue; test for custodial interrogation; police questioning of defendant after she was identified as a suspect in a crime; probable cause for search warrant;
(Mcdevitt022724t)
(Posted: February 28th 2024)
Civil:
Preliminary objections/motion for summary judgment; timeliness of summary judgment motion before the pleadings are closed; service of process; acceptance of a pleading served by mail by someone who is not an authorized person; required hearing where facts of service are disputed; authority of court to determine effect of release on preliminary objections
(Grace021624C)
(Posted: February 18th 2024)
Civil:
Preliminary objections; boilerplate allegations of nursing home misconduct, unrelated to pleaded facts; sufficiency of allegations to support claim for punitive damages; specificity of allegations of negligence
(Stacey021524C)
(Posted: February 15th 2024)
Criminal:
Motion to set bail; exception to constitutional right to bail for offense involving the possibility of a life sentence; burden of proof to deny bail; sufficiency of evidence of specific intent to kill; "substantially more likely than not" standard; subjective and objective elements of defendant's belief that he was in danger of death or serious bodily injury such that he needed to use deadly force to defend himself at that moment; violation of due process
(Michaels021324t.)
(Posted: February 15th 2024)
Criminal:
Post-conviction relief petition; ineffective counsel leading to guilty plea; credibility of defendant's testimony that she was guaranteed probationary sentence; failure of counsel to inform defendant of mandatory minimum sentence as rendering guilty plea unknowing
(strouse012624t)
(Posted: February 13th 2024)
Criminal:
Petition for post-conviction relief; claimed ineffective counsel at trial for failure to call witnesses; proof of existence of and availability of witness, counsel's actual awareness, or duty to know, of witness, the willingness and ability of witnesses to cooperate and appear on defendant's behalf and the necessity for the proposed testimony in order to avoid prejudice; prejudice caused by defendant; evidence sufficiently presented through other witnesses; strategic decision of counsel; failure to secure funds to pursue facial recognition expert; post-trial determination of whether a facial recognition expert would have been available and willing to testify for defendant at trial
(Shoop011624t)
(Posted: February 12th 2024)
Adoption:
Agency petition for involuntary termination of parental rights; no settled purpose to relinquish parental claim; parent failing to perform parental duties for at least six months; parent showing minimal compliance with child permanency plan; inability to care for child due to drug use, incarceration and lack of housing; existence of bond between child and parent; trauma associated with continued relationship with father
(KT020824t)
(Posted: February 12th 2024)
Criminal:
Habeas corpus petition; sufficiency of evidence; "Glock switch" as "offensive weapon" under the statutory definition; assumption that package will only be sent to a recipient upon request, as sufficient to establish attempt to possess an instrument of crime
(Watts020624t)
(Posted: February 12th 2024)
Civil:
Summary judgment motion; claimed de minimis defect in sidewalk; determination whether 2 inch defect is trivial as a matter of law; assumption of the risk by jogging at night on an unilluminated sidewalk; evidence that plaintiff understood specific risk before choosing to encounter it
(Jennings020224C)
(Posted: February 5th 2024)
Criminal:
Habeas corpus petition; availability habeas of relief after conviction; applicability of the post conviction relief act; timeliness of the filing; jurisdiction of the court; waiver by failing to raise in previous petitions; use of habeas petition to challenge collateral consequences; constitutionality of SORNA
(Fields012324bt)
(Posted: February 2nd 2024)
Civil:
Appeal from verdict of judgment for possession after non-jury trial; failure to defend at trial or file post-trial motions; failure to allege court errors in Rule 1925 statement; waiver of appeal issues
(Stryker020124C)
(Posted: February 1st 2024)
Stidfole vs. Nahra, Mills, Huggler, Hill, Geisinger Mecial Center, Geisinger Clinic, UPMC Williamsport, UPMC Susquehanna, Susquehanna Physician Services and Bucktail Medical Center
1.23.2024
William P. Carlucci
Civil:
Preliminary objections; punitive damages; sufficiency of allegations of wanton conduct, by knowingly or recklessly disregarding a known risk; claim for negligent infliction of emotional distress; personal perception of a discrete and identifiable traumatic event
(STIDFOLE012524c)
(Posted: January 29th 2024)
Criminal:
Motion to dismiss under rule 600; cause of the delay; valid claim at the time motion is filed
(Giddings011923bt)
(Posted: January 21st 2024)
Criminal:
Post conviction relief act petition; ineffective counsel; conflict of interest claim; prejudice; issues previously litigated; claim that court committed felony; claimed insufficient notice of appeal rights, where timely appeal was taken; non-specific claim of bad faith prosecution where there was a conviction that was affirmed on appeal; sufficiency of notice of filing of Finley/Turner letter by appointed counsel
(Norby-Vardac011724bt)
(Posted: January 18th 2024)
Petition of Lycoming Board of Elections to Alter the Boundries of Adjoining Election Districts in Lycoming County, Pennsylvania
1.16.2024
Nancy L. Butts
Civil:
Consolidation of Muncy voting districts; compliance with ADA requirements; sufficiency of contents of notice of hearing and of posting locations; sufficiency of evidence to support consolidation
(BoardofElections011624bt)
(Posted: January 18th 2024)
Adoption:
Agency petition for involuntary termination of parental rights; parent failing to perform parental duties for at least six months; parent showing minimal compliance with child permanency plan; inability to care for child due to drug use, incarceration, inconstant housing, existence of bond between child and parents; best interest of the child
(AdoptionCG010424t)
(Posted: January 12th 2024)
Criminal:
Appeal; sufficiency of evidence to support conviction for aggravated assault where defendant shot at a home that he knew was occupied by troopers; sentencing discretion; factors considered in sentencing; mandatory sentences
(Ross010924bt)
(Posted: January 12th 2024)
Criminal:
Appeal; waiver of argument on sufficiency of evidence for conviction where issue is raised in boilerplate manner; evidence necessary to convict for offense of rape of a mentally disabled person and aggravated indecent assault; sentencing discretion; consideration of sentencing factors
(Leonard011024bt)
(Posted: January 12th 2024)
Criminal:
Suppression motion; sufficiency of facts to establish probable cause for issuance of search warrants; habeas corpus petition; sufficiency of evidence of specific intent to kill where defendant shot at victim 4 times
(Cradle010424bt)
(Posted: January 9th 2024)
Criminal:
Suppression motion; custodial interrogation; voluntariness of statements; warrantless entry into apartment where consent given; reasonable expectation of privacy of inmate in using telephone; disclosure of promises to witnesses and of witnesses' bad acts; habeas corpus petition; sufficiency of evidence of endangering welfare of child where defendant used fentanyl in apartment she shared with child; disclosure of Children & Youth records; disclosure of expert testimony
(Charlebois010324t)
(Posted: January 9th 2024)
Civil:
Motion for judgment on the pleadings; underinsured motorist insurance coverage; availability of stacked coverage under insurance contract; principles of contract interpretation; mere mention of a person in an insurance policy as causing him to become a "named insured" under the policy; policy ambiguity by use of a virgule; using reasonable expectations of insured to override unambiguous language of the policy; applicability of insured's election of lower benefits to third party beneficiaries
(harting010824Li)
(Posted: January 9th 2024)
Criminal:
Post conviction relief act petition; ineffective assistance of counsel for failure to challenge use of peremptory challenges in jury selection, where there were no African-Americans who appeared for jury selection; prejudice in co-defendant's representation by business partner of trial counsel; prejudice in the timing of the giving of the "corrupt and polluted source" relating to co-defendant's testimony; issues previously litigated in Superior Court
(Rawls010524bt)
(Posted: January 9th 2024)
Criminal:
Post-sentence motion; admissibility of video at trial of defendant packaging marijuana; probative value outweighing prejudice; authentication of video where parole agent identified defendant in video; suppression motion; reasonableness of delay in conducting search based on 3 day old information; staleness
(ellman122923Br.)
(Posted: January 3rd 2024)
Criminal:
Suppression motion; knowing, voluntary and intelligent waiver of Miranda rights; Wiretap Act violation; reasonable expectation of privacy in a room in a police station; motion to dismiss due to 9 year delay in filing charges; proof of actual prejudice; disclosure of Children & Youth exculpatory records; motion to prevent complainants from being referred to as "victim" during trial; disclosure of evidence of other crimes, wrongs or acts or of witnesses being offered immunity, favorable consideration, leniency, or favorable treatment; habeas corpus petition; sufficiency of evidence of crimes of corruption of minors or indecent assault where there are issues of credibility
(Lakes122823t)
(Posted: January 2nd 2024)
Administrative Appeal:
Appeal of denial of variance; scope of review; support in the record for findings of fact; combination of unique physical circumstances and conditions creating a "perfect storm" of hardship; abuse of discretion in not considering facts of record; decision based on legal conclusions and not proper factual findings;
(LGN122923C)
(Posted: January 2nd 2024)
Support; custody:
Motion for special relief; claim that provision of custody agreement violates public policy; enforceability of voluntary agreement made without fraud or coercion; severability
(smith121223Li)
(Posted: December 27th 2023)
Redos as Administrator of the estate of Lovett vs. UPMC Susquehanna, et al.
12.18.2023
William P. Carlucci
Civil:
Summary judgment motion; Mental Health Procedures Act immunity; factual issues as to occurrence of willful misconduct or gross negligence; dueling expert reports
(Lovett121823C)
(Posted: December 19th 2023)
Civil:
Summary judgment motion; necessity of expert opinion in claim of negligent design of roadway; jury question of negligent maintenance of a roadway; factual dispute as to notice by municipality of defect in roadway
(Grace121123C)
(Posted: December 13th 2023)
Criminal:
Post conviction relief act petition; waiver of issue withdrawn after filing first post conviction petition; knowing, intelligent, and voluntary guilty plea where guilt was admitted in guilty plea colloquy; guilty plea as waiver of defects and defenses
(Sanders113023bt)
(Posted: December 12th 2023)
Criminal:
Post conviction relief act petition; claim of ineffective counsel due to failure to discuss right to jury trial and ramifications of waiver; sufficiency of allegations of prejudice; direction to amend petition
(Moser113023bt)
(Posted: December 12th 2023)
Criminal:
Post conviction relief act petition; right to counsel for second post conviction petition; timeliness of petition; issues previously litigated or waived; merger of offenses for sentencing purposes where shootings involved multiple victims
(Spencer120123bt)
(Posted: December 12th 2023)
Civil:
Petition for restoration of firearms rights and expungement of
involuntary commitment records; determination of whether person posed a clear and present danger of harm to others or to himself; examining physician's findings supported by preponderance of the evidence; pure question of law
(MH112723Li)
(Posted: November 27th 2023)
Criminal:
Suppression motion; probable cause for search warrant; consideration limited to information within the four corners of the affidavit of probable cause; evidence viewed in a common-sense, nontechnical manner through the eyes of a trained law enforcement officer; sufficiency of factual allegations to support search for indicia of occupancy a residence
(Jeffries112223bt)
(Posted: November 27th 2023)
Criminal:
Habeas corpus motion; statute of limitations defense; exception under minor tolling statute; sufficiency of allegations in the affidavit of probable cause to establish minority of victim; adequacy of notice of intent to assert the exception to the statute of limitations; sufficiency of evidence of unlawful contact with minor where there was no evidence of communication; sufficiency of evidence of indecent assault and corruption of minors where father allegedly touching his daughter's groin area and continually kissed her neck
(dyer112623br)
(Posted: November 21st 2023)
Criminal:
Appeal of court's finding that defendant is a sexually violent predator; consideration of 14 factors by expert witness; burden of proof
(guthrie111723t)
(Posted: November 21st 2023)
Criminal:
Motion to dismiss under rule 600; calculations of case pending time; COVID delays; Commonwealth's burden to prove due diligence to bring case to trial; excusable delay; boilerplate claim of Pennsylvania constitution speedy trial violation; lack of prejudice
(Tyson112023bt)
(Posted: November 21st 2023)
Criminal:
Motion to amend criminal information to add charges withdrawn or dismissed at preliminary hearing at time of jury selection; prejudice to defendant because request has not allowed for ample notice and preparation
(Blunt110623bt)
(Posted: November 21st 2023)
Civil:
Summary judgment motion; contractual duty of landlord to provide quiet enjoyment to tenant in case where landlord has no reason to know of a defect in property, that may have caused fire; proof of interference with possession; negligence claim where landlord lacks notice of electrical defect; need for expert testimony where cause of fire cannot be determined by a layperson; factual dispute on duty to return security deposit
(washington112023Li)
(Posted: November 21st 2023)
Administrative Appeal:
Petition to overturn tax upset sale; failure to follow notice requirements; burden of proof
(lampley103123L)
(Posted: November 16th 2023)
Administrative Appeal:
Petition to set aside upset tax sale; credibility determinations concerning notice of sale; burden of proving notice
(Garlick111523C)
(Posted: November 16th 2023)
Criminal:
Habeas corpus petition; sufficiency of evidence to establish that defendant was operating a motor vehicle, or was in
actual physical control of the movement of a motor vehicle while under the influence of alcohol; good cause for violating 2-hour rule for chemical testing
(Fuller110823t)
(Posted: November 14th 2023)
Criminal:
Suppression motion; claimed Miranda violation; custodial interrogation; voluntariness of statements; impact of Asperger's diagnosis on voluntariness; totality of circumstances
(Buckman103023bt.pdf)
(Posted: November 6th 2023)
Criminal:
Habeas corpus petition; sufficiency of the evidence of an assault where victim does not testify at preliminary hearing; hearsay exception for excited utterance made by visibly distressed and bleeding victim's statements to police officer; prima facie evidence of resisting arrest charge where defendant pulled away and tensed up before handcuffing
(Middleton103023bt)
(Posted: November 6th 2023)
Civil:
Preliminary objections; credit card case; sufficiency of allegations of credit card agreement and breach of contract
(adams110323L)
(Posted: November 6th 2023)
Criminal:
Post conviction relief act petition; presumption of effectiveness of counsel; ability of counsel to present defense where experts precluded from testifying beyond scope of report; lack of prejudice; credibility of defendant; counsel's conflict of interest by having previously represented now dead victim; waiver
(williams092823br)
(Posted: October 16th 2023)
Motorists Mutual Insurance Company vs. Barnes vs. Shannob, Steve Shannon Tire Company, Inc., Schultz, Hufnagle, UGI Utilities, Inc., & PENRAC, LLC
10.13.2023
Eric R. Linhardt
Civil:
Summary judgment motion; declaratory judgment action to determine insurance coverage; permissive user; contract interpretation; authority of permissive user to grant authority to another to use a vehicle; implied permission
(Motorists101323L)
(Posted: October 14th 2023)
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; duty of parent to maintain a place of importance in a child's life; existence of bond
(AdoptionTJCH100323t)
(Posted: October 10th 2023)
Criminal:
Omnibus pretrial motion; suppression of recorded prison calls; reasonable expectation of privacy where notice of recording is given; habeas corpus petition or to remand for new preliminary hearing; precluding reference to complainant as "victim"; reasonable time for providing advance notice of intent to introduce other crimes, wrongs, or acts evidence; time for providing names and addresses of and substance of all persons who have been offered immunity, favorable consideration, leniency, or favorable treatment; timely notice of potential expert testimony; compelling production of records of Children's Advocacy Center and Children and Youth Services agencies; child testimony unduly influenced by techniques employed by interviewers
(Swales100423t)
(Posted: October 7th 2023)
Criminal:
Habeas corpus petition; sufficiency of evidence
(Swales100423t2)
(Posted: October 7th 2023)
Civil:
Preliminary objections; raising affirmative defense of statute of limitations by preliminary objection; certainty of lack of right to recover on contract claim warranting grant of demurrer; right of plaintiff to plead inconsistent claims in the alternative; failure to name necessary party; right to recover attorney's fees
(Aviation100523C)
(Posted: October 7th 2023)
Criminal:
Post-conviction relief act petition; subject matter jurisdiction of court to hear criminal cases; knowing, intelligent, and voluntary guilty plea; waiver of suppression issue by guilty plea
(Newman092823bt)
(Posted: October 2nd 2023)
Criminal:
Post -sentence motion; verdict against weight of evidence; criminal trespass charge where initial consent to presence was revoked; sufficiency of the evidence; regrading mischief offense due to withdrawal of claim for restitution which established value of claimed damage
(Sabins092523t)
(Posted: September 27th 2023)
Criminal:
Petition for early release from special probation supervision; probationer who has successfully completed post incarceration treatment and has had no violations; sexual and drug offense case with unusual circumstances involving a manipulative co-defendant.
(Barto092623bt)
(Posted: September 27th 2023)
Civil:
Summary judgment motion; survival of judgment lien in a tax upset sale; res judicata; privity of parties; record in summary judgment proceeding
(Mayer092123Li)
(Posted: September 26th 2023)
Fidelity National Title Insurance Company and Aldi, Inc. vs. DMS Realty, Inc., Shirn and Leidhecker Abstracting, Inc.
9.20.2023
William P. Carlucci
Civil:
Preliminary objections; need to attach agreement of sale where claims are not based on breach of agreement; alternative pleading of legal and equitable claims; viability of Uniform Voidable Transactions Act claims where allegations of complaint fail to meet the language of that Act; asserting defenses by way of preliminary objection
(Fidelity092023C)
(Posted: September 20th 2023)
Civil:
Motion for post-trial relief; allegations of errors in findings of fact and conclusions of law; clarification of factual findings; authority of trial court in non-jury trial; burden of proof; credibility determinations; failure to prove causation and damages; application of negligence per se doctrine where regulations did not clearly apply to township at time of claimed violation; weight of evidence; recovery for negligence, gross negligence and willful misconduct where causation hasn't been proven; proof of causation to recover for public nuisance; proof that township exceeded stormwater easement; entitlement to injunction where causation not demonstrated; discretion of court in conduct of trial
(lenhart091823Li)
(Posted: September 19th 2023)
Early Bird Car Wash, Inc., Mr. Bird's Custom Car Wash Equipment, LLC and Early vs. Piermattei and Rhodes & Sinon, LLP
9.18.2023
Eric R. Linhardt
Civil:
Discovery motions; sufficiency of answers and objections to requests for admissions; requests to admit matters established in depositions; sufficiency of responses of :unknown" and referring to file, where file is its client file; objecting without stating the reason; adequacy of response to request for employee records that refers to dissolution of the firm; privileged nature of communications between attorney and insurance carrier; adequacy of answers to requests to admit application of fact to law; requests to admit conclusions of law; discoverability of identity of corporate decision makers; request to account for missing documents; over broad requests; authority of witness's counsel to object and instruct witness not to answer deposition questions; prejudice by obdurate and unnecessarily acrimonious conduct of counsel during deposition; need for repeat deposition with restrictions of objections and imposition of costs; obligation to produce electronic records responsive to discovery requests; disqualification of counsel
(early-bird091823Li)
(Posted: September 19th 2023)
Laurel Hill Game and Forestry Club vs. International Development Corporation, et. al., vs. Range Resources-Appalachia, LLC and Williamson Trail Resources, L.P.
9.18.2023
Eric R. Linhardt
Civil:
Preliminary objections; law of the case doctrine where order relied upon in demurrer is interlocutory; viability of claim against Lycoming County by a party which has no claim for subsurface rights; preliminary objections raising affirmative defenses; necessary parties
(Laurel091823Li)
(Posted: September 18th 2023)
Criminal:
Commonwealth appeal of grant of suppression motion; sufficiency of evidence of defendant's expectation of privacy; boilerplate assertion that evidence for suppression was insufficient; waiver; probable cause to stop vehicle for traffic violation; probable cause to search glove box; lack of efforts to apply for warrant before search, even though police had control of the scene
(Williams091523bt)
(Posted: September 18th 2023)
Criminal:
Nunc pro tunk post sentence motion; sentencing discretion of court; specific, negotiated sentence in plea agreement
(Hall091223bt)
(Posted: September 16th 2023)
Criminal:
Post conviction relief act petition; jurisdiction of the court; timeliness of petition; sentence concluded; facts on which plea based adequately explained at the plea hearing
(Jones091223bt)
(Posted: September 16th 2023)
Criminal:
Post conviction relief act petition; jurisdiction of the court; timeliness of petition; statutory exceptions to time limitations; viability of governmental interference, newly discovered evidence and newly-recognized constitutional right exceptions claims
(Nottingham091323bt2)
(Posted: September 16th 2023)
Criminal:
Post conviction relief act petition; jurisdiction of the court; timeliness of petition; statutory exceptions to time limitations; viability of governmental interference, newly discovered evidence and newly-recognized constitutional right exceptions claims
(Nottingham091323bt)
(Posted: September 16th 2023)
Criminal:
Appeal; motion in limine precluding defendant from stating names of sexual assault charges filed against the victim, as a result of which alleged crimes of defendant were revealed; discretion of trial court to allow cross-examination about pending criminal charges; prejudicial nature of names of pending charges; evidence of bias; cautionary instruction
(Pulizzi083123bt)
(Posted: September 5th 2023)
Criminal:
Post conviction relief act petition; voluntary, knowing, and intelligent guilty plea; discussions at the plea hearing and awareness of defendant of the terms of the plea
(Hoffman082423bt)
(Posted: August 29th 2023)
Criminal:
Post sentence motion; sentencing discretion; claim of excessive sentence; weighing of positive and negative factors; payment of restitution to elderly victims for crimes committed while on bail for previous offenses; attempting to avoid incarceration by paying restitution, while continuing to commit crimes; defendant minimizing offenses and impact on victims
(Bloom081623bt)
(Posted: August 22nd 2023)
Criminal:
Motions in limine; testimony of past sexual conduct; Pennsylvania Rape Shield Law; defendant's constitutional right to a fair trial; sufficiency of offer of proof; testimony of SANE nurse about statements of victim; hearsay exception for statements pertaining to medical treatment; statements to medical providers made solely for the purpose of trial; corroboration of victim's testimony
(Poust080923t.pdf)
(Posted: August 11th 2023)
Stopper, Lovecchio and Land Co., LLC vs. Williamsport Municipal Water Authority and Williamsport Sanitary Authority
8.9.2023
William P. Carlucci
Civil:
Preliminary objections to complaint questioning authority of authorities to assess storm water fee; failure to include municipalities which are permit holders as necessary parties; standing by non-property owner; specificity of allegations in complaint as to property ownership; demurrer; defenses on the merits; standing to challenge storm water fee where fee has not been paid; waiver of issues by paying fee under protest
(stopper080923C)
(Posted: August 9th 2023)
Criminal:
Recusal motion; disqualification due to involvement in approving warrants; burden to produce evidence establishing bias, prejudice or unfairness which raises a substantial doubt as to jurist's ability to preside impartially; judge reviewing own decision
(Truax08423bt)
(Posted: August 5th 2023)
Criminal:
Habeas corpus petition; prima facie case of theft; sufficiency of evidence of attempts to steal used cooking oil; identification of defendant
(Sanchez072123t.pdf)
(Posted: July 26th 2023)
Criminal:
Habeas corpus petition; prima facie case of theft; sufficiency of evidence of attempts to steal used cooking oil; identification of defendant
(Hernandez072123t)
(Posted: July 26th 2023)
Adoption:
Agency petition for involuntary termination of parental rights; parent failing to perform parental duties for at least six months; parent showing minimal compliance with child permanency plan; inability to care for child due to drug use, incarceration, inconstant housing, inconstant employment; existence of bond between child and parents; termination despite bond, where child's best interests are served
(AdoptionJM072123t)
(Posted: July 26th 2023)
Civil:
Preliminary objections; specificity of allegations of negligence; general allegations of negligence; viability of punitive damage claim in dog bite case; demonstration of conduct showing reckless indifference to interests of others; opportunity to amend complaint
(Jennings072623C.pdf)
(Posted: July 26th 2023)
Civil:
Plaintiff's summary judgment motion; dog law violation; negligence as a matter of law; question of proximate cause of injury
(Goodell072623C)
(Posted: July 26th 2023)
Criminal:
Habeas corpus petition; prima facie case of possession of drugs; constructive possession; equal access to illegal contraband; totality of the circumstances; circumstantial evidence; defendant not present at place where contraband found
(Williams071323bt)
(Posted: July 18th 2023)
Administrative Appeal:
Right to know appeal; request for county articles of incorporation where county is not an incorporated entity but rather is established by statute; purpose of Right to Know statute; citation to repealed Municipality Authorities Act of 1945; applicability of statute to municipal authority and not a county; submission of attestation as to lack of records; diligent search
(Reira071323Li)
(Posted: July 17th 2023)
Criminal:
Post conviction relief act petition; presumption of effective assistance of counsel; strategy and tactics with some reasonable basis designed to effectuate defendant's interests; failure to call witness; knowledge of trial counsel of existence of witness; likelihood that proposed witness would have testimony as the testimony would have implicated witness in crime; helpfulness of proposed testimony; timeliness of petition; issue previously raised on appeal
(Crippen071323bt)
(Posted: July 16th 2023)
Criminal:
Second post conviction relief act petition; timeliness; qualification under exceptions to jurisdictional time-bar; jurisdiction; prejudice
(Chestnut071023bt)
(Posted: July 12th 2023)
Adoption:
Agency petition for involuntary termination of parental rights; parent failing to perform parental duties for at least six months; parent showing inability to care for child due to drug use, incarceration, inconstant housing, domestic abuse, inconstant employment; concerns about father's ability to parent child after he is released from prison, due to past history; persistence of conditions necessitating placement; existence of bond between child and parents; professional bonding assessment of mother and foster parents.
(AdoptionAL062123t)
(Posted: July 9th 2023)
Criminal:
Habeas corpus petition; sufficiency of evidence to establish prima facie case for delivery of drugs; driver of vehicle used to deliver drugs as an accomplice
(Carroll062123t)
(Posted: July 9th 2023)
Civil:
Non-jury trial; legal interpretation of lease terms based on stipulated facts; termination of lease due to violation of terms of lease prohibiting possession of gun in leasehold, where rent is subsidized by federal government; Second Amendment right to possess gun; existence of government action to implicate a constitutional right solely by virtue of partial government funding of rent
(Newberry070623C)
(Posted: July 6th 2023)
Criminal:
Suppression motion; knowing, intelligent, and voluntary waiver of Miranda rights claimed to have occurred during a diabetic episode; assessment of defendant's reasonable cognitive awareness and understanding during interactions; persuasiveness of bodycam footage of interactions with police; background and experience of defendant, including his prior run-ins with law enforcement; spontaneous utterances; voluntariness of statements under the circumstances
(Hughes07523bt)
(Posted: July 6th 2023)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
