Commonwealth vs. Weller
1.19.2016
Nancy L. Butts
Criminal:
Petition challenging computation of maximum sentence date by Parole Board; jurisdiction of the court; duty to transfer petition to court with jurisdiction
(Weller011916bt)
(Posted: January 21st 2016)
Commonwealth vs. Wilcox
1.19.2016
Nancy L. Butts
Criminal:
Motion to dismiss; documents obtained by prosecutor; attorney-client privilege; work product doctrine; waiver of attorney-client privilege
(Wilcox011916bt)
(Posted: January 21st 2016)
Civil:
Summary judgment motions; duty of landlords out-of-possession to tenant; actual knowledge of dangerous condition; nuisance per se; duty of vendor of property to tenant of purchaser; knowledge of vendor of dangerous condition
(Fulkrod012016A)
(Posted: January 20th 2016)
Commonwealth vs. Trapp
1.14.2016
Marc F. Lovecchio
Criminal:
Appeal; sufficiency of the evidence that defendant committed the crimes; weight of the evidence; admissibility of expert testimony on eyewitness identification; case solely or primarily dependent on eyewitness identification testimony; claimed excessive sentence; consideration of the gravity of the offense with respect to the impact on the victim and the community; constitutionality of the deadly weapon used matrix in the sentencing guidelines, in light of Alleyne case
(Trapp20160114L)
(Posted: January 14th 2016)
Commonwealth vs. Coleman
1.14.2016
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; applicability of Alleyne decision to case pending on appeal; ineffective counsel; harmless error due to lack of prejudice; new sentencing hearing
(Coleman011416L)
(Posted: January 14th 2016)
Commonwealth vs. TG
1.13.2016
Marc F. Lovecchio
Criminal:
Petition for decertification to juvenile court; serving the public interests; defendant's burden of proving that he is amenable to treatment, supervision or rehabilitation in the juvenile system; statutory considerations; lack of previous treatment through available resources designed to address juvenile criminal behaviors
(TG011316L)
(Posted: January 13th 2016)
Commonwealth vs. Kiess
1.11.2016
Marc F. Lovecchio
Criminal:
Motion to determine offense number; offense grading; boating under the influence of alcohol; consideration of prior DUI convictions for grading purposes; implied lookback period; statutory interpretation; clear language of the statute; legislative intent
(Kiess011116L)
(Posted: January 12th 2016)
Commonwealth vs. Moyer
1.7.2016
Nancy L. Butts
Criminal:
Post-sentence motion; sufficiency of evidence of witness intimidation and criminal use of a communication_x000d_
facility; calling a witness a rat and asking where he lived as raising inference of intimidation; sending text messages as use of communication facility; weight of evidence; claim that aggravated range sentences were excessive
(Moyer010716bt)
(Posted: January 9th 2016)
Commonwealth vs. Beatty
1.8.2016
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; claimed Brady violation; equal access to both parties of 911 recording and police internal affairs reports with subpoena; request for ballistics report that does not exist; lack of prejudice; internal affairs report about police officer firing a weapon as Brady material; factual basis for guilty plea for recklessly endangering another person after high speed vehicle pursuit; relationship of restitution to crime charged; claimed ineffective assistance of standby counsel
(Beatty010816L)
(Posted: January 9th 2016)
Wagner vs. Teneyck
1.5.2016
Richard A. Gray
Civil:
Preliminary objections; sufficiency of allegations for negligence per se for harboring dangerous dog; necessity to plead exact sections of claimed Dog Law and Jersey Shore ordinance violations; fact pleading; specificity of pleading of special damages
(wagner010516g)
(Posted: January 9th 2016)
Civil:
Appeal; interpretation of deed language as to reserving subsurface rights; waiver of issues on appeal by failure to raise in trial court
(BlackWolf010816g)
(Posted: January 9th 2016)
Commonwealth vs. Lewis
1.6.2016
Marc F. Lovecchio
Criminal:
Motion to dismiss; rule 600; excludable delay; delays in securing testing results
(Lewis010616L)
(Posted: January 6th 2016)
Commonwealth vs. Buie
12.22.2015
Joy Reynolds McCoy
Criminal:
Post conviction relief act petition; ineffectiveness of counsel, illegal sentence, and judicial misconduct; timeliness; Alleyne argument; retroactive application of new constitutional right
(Buie122215m)
(Posted: January 5th 2016)
Civil:
Preliminary objections; absolute privilege; cause of action based upon expert report prepared as part of legal proceedings, which was pertinent and material to those proceedings; loss of absolute privilege by malice or abuse of privilege; professional board sanctions against expert
(Reese123115G)
(Posted: January 5th 2016)
Commonwealth vs. Kilgus
1.4.2016
Marc F. Lovecchio
Criminal:
Second post conviction relief act petition; reinstatement of appeal rights; jurisdiction of the court; timeliness of the petition; relief already denied by Pennsylvania Supreme Court
(Kilgus010416L)
(Posted: January 4th 2016)
Commonwealth vs. Kendall
1.4.2016
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court; prejudice for claimed misrepresentation of prior record score
(Kendall010416L)
(Posted: January 4th 2016)
Commonwealth vs.Greene
1.4.2016
Marc F. Lovecchio
Criminal:
Supplemental suppression motion; reasonable suspicion or probable cause to order defendant to stop; claimed forced abandonment of gun where officer stops vehicle near where Defendant was initially standing attempting to secret himself; mere encounter; reasonable belief that defendant was involved in criminal activity because of his flight and hiding from officer
(Greene010416L)
(Posted: January 4th 2016)
Commonwealth vs. Farnsworth
12.31.2015
Marc F. Lovecchio
Criminal:
Appeal; violation of probation by failure to pay restitution; sentencing discretion; defendant's failure to make any effort to meet obligations and his misrepresentations to the court
(Farsworth123115L)
(Posted: January 4th 2016)
Civil:
Summary judgment motion; authority of president of a corporation to enter into consulting agreements within the ordinary course of business; exculpatory provisions for directors of corporation; evidence of breach of duty of good faith, loyalty or due care; self-dealing or material personal benefit
(RedRun123115G)
(Posted: January 4th 2016)
Commonwealth vs. Sweeting
12.31.2015
Marc F. Lovecchio
Criminal:
Omnibus pretrial motion; reasonable suspicion to stop vehicle; erratic driving and Vehicle Code violations; probable cause to arrest for DUI; satisfactory completion of field sobriety tests; PBT test results
(Sweeting123115L)
(Posted: January 1st 2016)
Commonwealth vs. Ruley
12.30.2015
Marc F. Lovecchio
Criminal:
Exclusion of evidence of drugs on basis that it is unduly prejudicial; probative value; consolidation of cases for trial; prejudice by association with other defendants or because of conflicting defenses
(Ruley123015L)
(Posted: December 30th 2015)
Commonwealth vs. Reeder
12.30.2015
Marc F. Lovecchio
Criminal:
Consolidation of failure to comply with registration of sexual offender's requirements offenses; evidence of each offense would be admissible in a separate trial for the other; separation of offenses by the jury; prejudice
(Reeder123015L)
(Posted: December 30th 2015)
Commonwealth vs. Cotton
12.24.2015
Marc F. Lovecchio
Criminal:
Habeas corpus petition; claimed constructive possession of firearm and drug paraphernalia
(Cotton122415L)
(Posted: December 24th 2015)
Commonwealth vs. Mays
12.24.2015
Marc F. Lovecchio
Criminal:
Motion to dismiss; compulsory joinder rule; formerly prosecuted and convicted of offenses based on the same conduct or arising from the same criminal episode; no duplication of evidence
(Mays122415L)
(Posted: December 24th 2015)
Commonwealth vs. Moore
12.24.2015
Marc F. Lovecchio
Criminal:
Suppression motion; reasonable suspicion for vehicle stop
(Moore122415L)
(Posted: December 24th 2015)
Commonwealth vs. Harris
12.24.2015
Richard A. Gray
Criminal:
Misfiled appeal of summary guilty plea; waiver of issues not raised at the trial court level; knowing, voluntary and intelligent guilty plea
(Darnell122415g)
(Posted: December 24th 2015)
Commonwealth vs. Williams
12.23.2015
Marc F. Lovecchio
Criminal:
Motion to quash subpoena of medical records; HIPPA compliance; HIPPA definition of covered entity; hospital's notice requirements; disclosure of medical records for law enforcement purposes; relevance of medical records for injuries sustained during flight from police; consciousness of guilt; suppression as remedy for violation of HIPPA: Uniform Act to Secure Out of State Witnesses as method to secure medical records
(Williams122315L)
(Posted: December 23rd 2015)
Commonwealth vs. Laury
12.23.2015
Marc F. Lovecchio
Criminal:
Appeal; claimed excessive sentence; extensive criminal record; several prior opportunities for rehabilitation; court comments that defendant was in the “business of killing people” by selling drugs; failure to accept responsibility for conduct or expressing remorse; activity that presents a clear and present danger to the community
(Laury122315L)
(Posted: December 23rd 2015)
Commonwealth vs. Winters
12.23.2015
Marc F. Lovecchio
Criminal:
Habeas corpus petition; failure to comply with registration of sexual offender's requirements; sufficiency of evidence; fact finder's evaluation of the weight and credibility of the testimony
(Winters122315L)
(Posted: December 23rd 2015)
Commonwealth vs. Coleman
12.21.2015
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause for warrant to search smartphone based on the amount of cash and marijuana in defendant's possession and belief that defendant was selling marijuana; overbroad warrant that allows search of all content on smartphone
(Coleman122115bt)
(Posted: December 21st 2015)
Civil:
Petition to open March 14,1951 default judgment; notice issue; viability of affidavit attesting to the efforts to discover heirs; consideration of circumstances surrounding the swearing of the affidavit; assessment of diligence of the search; credibility of affidavit that is contradicted by contemporaneous attorney letters; authenticity of 65 year old attorney letters; hearsay statements contained within ancient documents; fraud
(Keta121815a)
(Posted: December 18th 2015)
Wills and Estates:
Petition to adjudicate incapacity and to appoint a guardian of the person and estate; authority of agent under general durable power of attorney to revoke healthcare power of attorney and living will; strict construction of powers of attorney; intent of principal; need for guardianship services in light of valid powers of attorney
(shearer121815L)
(Posted: December 18th 2015)
Commonwealth vs. Jennings
12.16.2015
Marc F. Lovecchio
Criminal:
Habitual offender charge issue; driving without license or under suspension invoking criminal penalties for habitual offender, under the statute
(Jennings121615L)
(Posted: December 16th 2015)
Commonwealth vs. Smith
12.15.2015
Marc F. Lovecchio
Criminal:
Suppression motion; timeliness; interests of justice; fairness to the Commonwealth
(Smith121515L)
(Posted: December 15th 2015)
Johnston vs. Johnston
12.15.2015
Richard A. Gray
Civil:
Motions for summary judgment; quiet title action; presumptive validity; of conveyance by deed of real property; invalidating deed without the appropriate subdivision approval or in violation of a specific subdivision approval stipulation
(Johnston121515g)
(Posted: December 15th 2015)
Commonwealth vs. Hayman
12.14.2015
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause for arrest; possession of prescribed controlled substances that are loose, without having the prescription or container; information that defendant had committed or was in the process of committing a delivery of a controlled substance
(Hayman211415L)
(Posted: December 14th 2015)
Ball vs. Beckley
12.14.2015
Richard A. Gray
Civil:
Appeal; revoked IFP status; Prison Litigation Reform Act; request for injunctive relief due to danger of serious bodily injury; credibility of allegations; claimed lack of remedy; ability to move forward with case by paying costs
(Ball121415g)
(Posted: December 14th 2015)
Civil:
Motion to compel; Mental Health Procedures Act privilege of confidentiality; mental health at issue in case; waiver
(dyer121115a)
(Posted: December 11th 2015)
Commonwealth vs. Smith
12.11.2015
Marc F. Lovecchio
Criminal:
Suppression motion; investigative detention with handcuff use; reasonable suspicion to detain
(Smith121115L)
(Posted: December 11th 2015)
Commonwealth vs.Bigelow
12.11.2015
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel; factual basis for guilty plea; element of intent to commit a burglary; admissibility of seat belt evidence on child endangerment charge; issues of fact
(Bigelow121115bt)
(Posted: December 11th 2015)
Criminal:
Appeal of denial of private criminal complaint; District Attorney's decision patently discriminatory, arbitrary, or pretextual; adequate civil remedy
(Smith121115bt)
(Posted: December 11th 2015)
Commonwealth vs. Cosby
12.11.2015
Nancy L. Butts
Criminal:
Suppression motion; pat-down search; probable cause to arrest on admission of possession of marijuana
(Cosby121115bt)
(Posted: December 11th 2015)
Commonwealth vs. E.B.
12.11.2015
Nancy L. Butts
Criminal:
Petition for expungement of arrest record; charges withdrawn pursuant to a plea agreement
(EB121115bt)
(Posted: December 11th 2015)
Commonwealth vs. Packer
12.10.2015
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court; due diligence; particularity of allegations of requests to counsel
(Packer121015L)
(Posted: December 10th 2015)
Commonwealth vs. Andrews
12.4.2015
Nancy L. Butts
Criminal:
Suppression motion; probable cause to issue search warrant; substantial evidence in the record supporting decision to issue warrant; false statement knowingly and intentionally, or with reckless disregard for the truth, included in affidavit
(Andrews120415bt)
(Posted: December 9th 2015)
Commonwealth vs. Bonnell
12.4.2015
Nancy L. Butts
Criminal:
Suppression motion; probable cause to stop motor vehicle for violation; warrantless arrest for DUI
(Bonnell120415bt)
(Posted: December 9th 2015)
Commonwealth vs. Atwood
12.4.2015
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case of DUI
(Atwood120415bt)
(Posted: December 9th 2015)
Commonwealth vs. Barasky
12.7.2015
Marc F. Lovecchio
Criminal:
Habeas corpus petition; constructive possession of drugs; cocaine found not in plain sight in car of which defendant was neither the driver nor the owner; demeanor evidence; conspiracy count
(Barasky120715L)
(Posted: December 7th 2015)
Commonwealth vs. Welshans
12.7.2015
Marc F. Lovecchio
Criminal:
Petition for return of property; timeliness
(Welshans120715L)
(Posted: December 7th 2015)
Commonwealth vs. Handy
12.3.2015
Dudley N. Anderson
Criminal:
Post-sentence motion; sufficiency and weight of evidence of drug charges; claimed excessive sentence; offender with multiple drug convictions and failed rehabilitation efforts
(Handy120315a)
(Posted: December 3rd 2015)
Civil:
Non-jury trial; declaratory relief request regarding property access; existence of injury that would allow for relief; enforcement of revocable license; reasonableness of placement of speed bumps on right-of-way by property owner; proof of damages
(thursby120215a)
(Posted: December 2nd 2015)
Commonwealth vs. Hoffman
12.2.2015
Marc F. Lovecchio
Criminal:
Suppression motion; Miranda warnings; custodial interrogation; totality of the circumstances; voluntariness of statements; statements obtained without counsel; compelling bill of particulars; allowing defendant to prepare a defense and avoid surprise; compelling discovery expert's opinions; motion in limine relating to polygraph and lack of remorse; relevance; prejudice; request for equal access to investigation of juror investigations; work product; disclosure of potential juror criminal record; excluding inflammatory photographs; request that that spectators not wear at trial any inflammatory materials
(Hoffman120215L)
(Posted: December 2nd 2015)
Commonwealth vs. Williams
12.1.2015
Marc F. Lovecchio
Criminal:
Motion to amend information; defect in the description of the offense; prejudice; same factual scenario as crimes specified in original criminal complaint
(williams120115L)
(Posted: December 1st 2015)
Civil:
Non-jury trial; contract case; consideration of past practices between the parties; reliance; unjust enrichment; interest and attorney's fees; arbitrary or vexatious conduct
(RSJ112415a)
(Posted: November 24th 2015)
Civil:
Motions for leave to file amended pleadings; jurisdiction of the court after ordering the joinder of necessary parties and those parties not having been joined; futility of amendment to add count which simply puts the issue in a different form; prejudice; necessity of joining assignees who have a direct essential interest in the claim
(southwestern112415a)
(Posted: November 24th 2015)
Commonwealth vs. Lopez
11.20.2015
Marc F. Lovecchio
Criminal:
Habeas corpus petition; sufficiency of evidence of constructive possession of controlled substances; power to control contraband and intent to exercise such control; equal access by another to location of contraband; motion to suppress social security card as not seizure not being authorized by the search warrant
(Lopez112015L)
(Posted: November 20th 2015)
Commonwealth vs. Martin
11.20.2015
Marc F. Lovecchio
Criminal:
Motion to dismiss; Compulsory Joinder Rule; prosecution barred by conviction for criminal conduct arising from the same criminal episode; second criminal offense not known to prosecuting officer
(Martin112015L)
(Posted: November 20th 2015)
Armson vs. Aquarius Pools
11.20.2015
Richard A. Gray
Civil:
Preliminary objections; claimed Unfair Trade Practices and Consumer Protection Law violations; gist of the action doctrine as barring a statutory cause of action; social duty owed to the public; statutory construction; specificity of complaint
(Armson112015g)
(Posted: November 20th 2015)
Commonwealth vs. Smith
11.19.2015
Nancy L. Butts
Criminal:
Post-sentence motion; sufficiency of evidence of possession of a firearm; constructive possession; weight of the evidence
(Smith111915bt)
(Posted: November 19th 2015)
Commonwealth vs.Eiland
11.19.2015
Nancy L. Butts
Criminal:
Suppression motion on remand from reversal of previously ordered suppression; timeliness; waiver; determination of reasonable suspicion; objective test
(Eiland111915bt)
(Posted: November 19th 2015)
Ball vs. Craver and Hill
11.15.2015
Richard A. Gray
Civil:
Appeal; Prison Litigation Reform Act revocation of IFP status; engaging in a pattern of repeated and entirely unsuccessful litigation against correction officers
(Ball111515g)
(Posted: November 15th 2015)
Commonwealth vs. Jackson
11.13.2015
Marc F. Lovecchio
Criminal:
Post sentence motion; sufficiency of evidence of voluntary manslaughter or aggravated assault; burden of disproving self-defense claim; stabbing unconscious victim; consciousness of guilt by lying to authorities about knowledge of whereabouts of victim after death and by hiding all evidence of the killing; admissibility of evidence of victim refusing to leave a picnic on another occasion; cumulative evidence; testimony of police officers about past violence and crimes of the victim; knowledge of defendant at the time of the killing; admissibility of evidence of the victim using a knife to threaten someone in the past, where no weapon was used in assaulting defendant; harmless error
(Jackson111315L)
(Posted: November 13th 2015)
Commonwealth vs. Wilson
11.12.2015
Marc F. Lovecchio
Criminal:
Habeas corpus petition; prima facie case conspiracy to sell controlled substances; constructive possession; accomplice liability
(Wilson111215L)
(Posted: November 12th 2015)
Civil:
Summary judgment motion; real estate transaction; existence of attorney client relationship; duty; proof of actual loss; speculative nature of these subsurface rights
(mahonski111215Saylor)
(Posted: November 12th 2015)
Civil:
Appeal
(Cornwalll111015a)
(Posted: November 10th 2015)
Civil:
Summary judgment motion; slip and fall case; open and obvious danger; duty under the circumstances; objective or subjective standard; appreciation of the risk
(Flook112316L)
(Posted: November 10th 2015)
Commonwealth vs. Kuhns
11.9.2015
Marc F. Lovecchio
Criminal:
motion for return of property animal after acquittal of animal cruelty charges; burden of proving that subject property is derivative contraband; criminal offense owner failing to provide care to seriously injured animal; acquittal as having preclusive effect in subsequent proceeding on motion for return of property
(kuhns110915L)
(Posted: November 9th 2015)
Commonwealth vs. Wolfgang
11.9.2015
Marc F. Lovecchio
Criminal:
Motion to dismiss charges of drug possession and public drunkenness; drug overdose immunity statute; intent of statute; affording immunity to overdosing person
(Wolfgang110915L)
(Posted: November 9th 2015)
Commonwealth vs. Boyd
11.9.2015
Marc F. Lovecchio
Criminal:
Appeal of murder conviction; appropriateness of corrupt source jury instruction; discretion of court in phrasing its instructions to the jury; admissibility of time line; discretion of the trial court; weight of the evidence; police officer's explanation of time estimates relating to surveillance camera evidence; court discretion to allow exhibits to go to the jury; sufficiency of evidence of malice and specific intent; weight of the evidence where there are contradictions in the testimony
(Boyd110915L)
(Posted: November 9th 2015)
Commonwealth vs. Charles
11.6.2015
Nancy L. Butts
Criminal:
Motion to suppress statements made after arrest; credibility of police officer testimony; necessity of Miranda warnings; knowing and voluntary waiver of constitutional rights; totality of the circumstances; probable cause for arrest for DUI
(Charles110615bt)
(Posted: November 6th 2015)
Commonwealth vs. Flanagan
11.6.2015
Nancy L. Butts
Criminal:
Suppression motion; warrantless entry into hotel room; reasonable suspicion; odor of marijuana constituting probable cause justifying a warrantless arrest; protective sweep; inevitable discovery of drugs; request for on-the-record Brady colloquy
(Flanagan110615bt)
(Posted: November 6th 2015)
Criminal:
Motion to suppress nunc pro tunc; reasonable suspicion to conduct a patdown search; totality of the circumstances
(Blackwell110615bt)
(Posted: November 5th 2015)
Ritter vs. Makos
11.5.2015
Richard A. Gray
Civil:
preliminary objections in the nature of a demurrer; interpretation of § 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law; claim by parent in her own right for damages sustained by child, being claimed by child in separate suit
(Ritter110515g)
(Posted: November 5th 2015)
Carmody vs. Norris
11.4.2015
Dudley N. Anderson
Civil:
Preliminary objections; appeal from magisterial district court decision; striking impertinent and scandalous material from the complaint
(carmody110415a)
(Posted: November 4th 2015)
Jordan vs. Snyder
11.4.2015
Dudley N. Anderson
Civil:
Preliminary objections; specificity of complaint; restricting general averments of negligence to specific factual averments; allegation of violation of, without reference to, laws and regulations
(jordan110415a)
(Posted: November 4th 2015)
Commonwealth vs. Gatz
10.27.2015
Nancy L. Butts
Criminal:
Post sentence motion; sufficiency of evidence for a duress instruction; trial continuance request due to claimed unavailability of trial witness; sentence reconsideration
(Gatz102715bt)
(Posted: November 2nd 2015)
Commonwealth vs. McDowell
11.2.2015
Marc F. Lovecchio
Criminal:
Pretrial motions; pro se defendant; probable cause to arrest; investigation related to probable attempted crime, that was not committed; need for arrest warrant; delayed arraignment; probable cause to seize vehicle; unduly suggestive photo identification
(McDowell110215L)
(Posted: November 2nd 2015)
Commonwealth vs. Garcia
10.24.2015
Nancy L. Butts
Criminal:
Post-conviction collateral relief petition; timeliness; ineffective counsel; effectiveness of cross-examination of a witness; general accusations of insufficient communication with defendant; issues unsuccessfully litigated through appeal; lack of specific allegation of how supposed poor trial strategy affected the truth-determining process
(Garcia102516bt)
(Posted: October 24th 2015)
Commonwealth vs. Asher
10.23.2015
Marc F. Lovecchio
Criminal:
Habeas corpus petition; loaded and cocked firearm gun left accessible to child; required mens rea of recklessness; prima facie case; mens rea of negligence
(Asher102315L)
(Posted: October 23rd 2015)
Administrative Appeal:
PLCB license refusal appeal; de novo hearing; accidental RAMP lapse; violations before Conditional Licensing Agreement; remotely located disturbance between patrons; corrective measures
(JSEEnterprises102315g)
(Posted: October 23rd 2015)
Commonwealth vs. Theis
10.22.2015
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause to arrest for DUI; police officer's observations of erratic driving and odor of an alcoholic beverage; meaningless field sobriety testing
(theis102215L)
(Posted: October 22nd 2015)
Civil:
Appeal; writ of scire faicas; tapping fee; revised EDU assessment; no evidence of deception by owner; no change in use; claimed unfair burden on water and sewer authorities; waiver of issues not raised in lower court
(ValleyTruck102215g)
(Posted: October 22nd 2015)
Civil:
Non-jury trial; swimming pool contract; substandard workmanship and improper installation; operation of warranty; Unfair Trade Practices and Consumer Protection Law claim; unintentional violation; award of attorney's fees; personal responsibility of corporate officer under participation theory
(bragalone102015a)
(Posted: October 20th 2015)
Commonwealth vs. Williams
10.19.2015
Nancy L. Butts
Criminal:
Appeal; grading of intimidation of a victim offense; admissions of defense counsel
(Williams101915bt)
(Posted: October 19th 2015)
Civil:
Preliminary objections; quiet title action concerning subsurface rights; proper form of action; indispensable parties; construction of deed; interpretation of "excepting and reserving" language
(BlackWolf101615g)
(Posted: October 16th 2015)
Civil:
Motion for partial judgment on the pleadings; contract claim; enforcement of physician services agreement; admission by failure to deny specifically
(Conly101615g)
(Posted: October 16th 2015)
Commonwealth vs. Walker
10.15.2015
Marc F. Lovecchio
Criminal:
Habeas corpus petition; sufficiency evidence to prove prima facie case; identification of defendant as perpetrator of offenses; evidence that defendant shot gun; accomplice liability; evidence of agreement sufficient to establish conspiracy; suppression motion; probable cause for search warrant; nexus between crime that defendant allegedly committed and place to be searched; Brady colloquy issue; required showing by defendant
(Walker101515L)
(Posted: October 15th 2015)
Commonwealth vs. JH
10.13.2015
Nancy L. Butts
Criminal:
Commonwealth motion to admit out of court statements; Tender Years Statute; testimonial statements; existence of an ongoing emergency; interview conducted as part of a criminal investigation; determination of whether a child witness is unavailable; serious emotional distress to the child; sufficiently reliable hearsay statements made by child witness
(JH101315bt)
(Posted: October 13th 2015)
Commonwealth vs.Snyder
10.12.2015
Marc F. Lovecchio
Criminal:
Violation of parole, probation and intermediate punishment; claimed unlawful search and seizure of cell phone by adult probation officer; voluntary consensual search; acquiescence to probation officers' authority; custodial questioning without being provided Miranda warnings; differences between probation violation hearing and a trial; suppression of evidence; authentication of text messages
(Snyder101215L)
(Posted: October 12th 2015)
Civil:
Motion to reconsider denial of motion for judgment on the pleadings; authority of court to fashion equitable remedy where there is an unambiguous legislative decree; applicability of equitable principles of estoppel to prevent the attempt to avoid enforcement of the contract by asserting its invalidity under the Guaranteed Minimum Royalty Act; certification for appeal
(Southwestern100915a1)
(Posted: October 9th 2015)
Civil:
Motions to order joinder of necessary parties; indispensable parties; direct essential interest; assignees of _x000d_
interest in gas lease whose rights will be affected by any invalidation of the lease
(Southwestern100915a2)
(Posted: October 9th 2015)
Commonwealth vs. Faison
10.1.2015
Nancy L. Butts
Criminal:
Appeal; probable cause; investigative detention
(Faison100115bt)
(Posted: October 7th 2015)
Commonwealth vs. Balevicz
10.6.2015
Marc F. Lovecchio
Criminal:
Petition to enforce guilty plea/motion to dismiss; failure to comply with sexual offender registration requirements; enforcement of plea agreement; venue; date from which registration requirement runs
(Balevicz100615L)
(Posted: October 6th 2015)
Commonwealth vs. Sears
10.2.2015
Marc F. Lovecchio
Criminal:
Post-sentence motion; sufficiency of evidence of malice to convict defendant of third degree murder; inferred malice; pointing a gun at another individual not knowing for certain whether gun is loaded; unduly harsh and excessive sentence; abuse of discretion; standard guideline sentence; defendant who was in possession of stolen firearm, playing with it while watching cartoons and then, with only the slightest of provocation, killed his best friend; protection of the public
(Sears100215L)
(Posted: October 2nd 2015)
Civil:
Preliminary objections; unfair competition; puffing; claims so far afield of the traditional claims of unfair competition to be recognized; issues more appropriately directed to licensing board; defamation or tortious interference with existing or prospective contractual relations; more specific pleading; insufficient factual basis; scandalous or impertinent matter
(knisely092515g)
(Posted: October 2nd 2015)
Commonwealth vs. Carter
10.2.2015
Richard A. Gray
Criminal:
Appeal; sentencing discretion; sentence within the sentencing guidelines; consideration of arguments in favor of a mitigated sentence; his lack of remorse
(carter100215g)
(Posted: October 2nd 2015)
Crouse vs. Compagni and Eden
9.30.2015
Dudley N. Anderson
Civil:
Summary judgment motion; quiet title action; estoppel to assert anything in derogation of his deed, as against the grantee; applicability to successors; avoiding summary judgment with mere denials
(Crouse093015a)
(Posted: September 30th 2015)
Commonwealth vs. Bean
9.29.2015
Nancy L. Butts
Criminal:
Motion to release on nominal bail; rule 600; pretrial incarceration in excess of 180 days; excludable time
(Bean092915bt)
(Posted: September 30th 2015)
Commonwealth vs. Brown
9.29.2015
Nancy L. Butts
Criminal:
Commonwealth's reconsideration motion; admissibility of non-testimonial statements of child to health care provider; Pennsylvania constitutional protections; spontaneous statements; Tender Years Statute; motive to fabricate; reliability of statements; relevance
(Brown092915bt)
(Posted: September 30th 2015)
Commonwealth vs. Sailor
9.29.2015
Marc F. Lovecchio
Criminal:
Commonwealth motion in limine; adequacy of expert report relating to marijuana use and impairment from its use; basis for conclusions; remedy for discovery violation; production of supplemental report
(sailor092915L)
(Posted: September 29th 2015)