Commonwealth vs. Beatty
9.25.2015
Dudley N. Anderson
Criminal:
Amended post conviction relief act petition; reapplying credit for time served to sentence on charges where credit will have an effect to reduce the sentence
(Beatty092515a)
(Posted: September 26th 2015)
Commonwealth vs. Baldwin
9.23.2015
Nancy L. Butts
Criminal:
Commonwealth motion for reconsideration of dismissal of charges; use of "Pennsylvania State Police Sexual Offender Registration Megan's Law" form as evidence to establish registration requirement; notice that defendant was contesting the duty to register; evidence of Pennsylvania residency; reopening the record
(Baldwin092315bt)
(Posted: September 26th 2015)
Commonwealth vs. Shetler
9.22.2015
Nancy L. Butts
Criminal:
Suppression motion; questions to driver during accident investigation; custodial interrogation; Miranda rights; reasonable suspicion before asking motorist to perform field sobriety tests; probable cause to arrest for DUI
(Shetler092215bt)
(Posted: September 26th 2015)
Commonwealth vs. Coles
9.25.2015
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle stop due to inaccurate PennDOT record of vehicle registration suspension for insurance cancellation; lack of good faith exception
(coles092515L)
(Posted: September 26th 2015)
Commonwealth vs. Lambert
9.22.2015
Marc F. Lovecchio
Criminal:
Motion to dismiss; rule 600; excusable delay; circumstances beyond the Commonwealth's control; unavailability of trial days or the court; prejudice to defendant
(Lambert092215L)
(Posted: September 24th 2015)
Commonwealth vs. Allen
9.24.2015
Marc F. Lovecchio
Criminal:
Motion to dismiss; rule 600; nominal bail; excludable time; due diligence to locate defendant; reasonable efforts; defendant's misconduct in giving a false name to police; Commonwealth's request to keep the record open
(Allen092415L)
(Posted: September 24th 2015)
CH vs. EB
9.22.2015
Dudley N. Anderson
Family:
Complaint to establish paternity and for genetic testing; child conceived or born during marriage; extra-marital affair; presumption of paternity
(ch092215a)
(Posted: September 22nd 2015)
Criminal:
Post-sentence motion; claim of unduly harsh and excessive sentence; mental health issues; issues considered during sentencing hearing; sentences within the standard range; consecutive sentences
(Mixon-Love091816bt)
(Posted: September 21st 2015)
Stark vs. PaDOT
9.17.2015
Joy Reynolds McCoy
Administrative Appeal:
Driver license suspensions; sale of controlled substances; multiple criminal offenses; determination of number of criminal episodes; crimes occurring on different dates; prima facie showing by Commonwealth
(Stark091715m)
(Posted: September 19th 2015)
Commonwealth vs. G.S.
9.18.2015
Richard A. Gray
Civil:
Motion for preliminary injunction to force inmate to undergo blood transfusions and related care and testing; executed living will refusing advanced or heroic health care, including transfusions; competency; constitutionally protected liberty interest in refusing unwanted medical treatment; lack of compelling state interest requiring medical care
(GS091815g)
(Posted: September 18th 2015)
Commonwealth vs. Bodle
9.17.2015
Richard A. Gray
Criminal:
Appeal; character evidence; opening the door to unfavorable evidence
(Bodle091715g)
(Posted: September 18th 2015)
Commonwealth vs. Gadson
9.16.2015
Dudley N. Anderson
Criminal:
Motion in limine; contents of the text message; hearsay objection; exceptions; circumstances clearly indicating trustworthiness of statement tending to expose the declarant to criminal liability
(Gadson091615a)
(Posted: September 17th 2015)
HM and SM Adoption
9.15.2015
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights filed by maternal grandparents; parent evidencing settled purpose of relinquishing parental claim to child or refusing or failing to perform parental duties; lack of recent contact; bond between the children and mother which is necessary and beneficial; termination meeting children's needs and welfare
(AdoptionofHMandSM091515m)
(Posted: September 17th 2015)
Commonwealth vs. Jones
9.10.2015
Marc F. Lovecchio
Criminal:
Appeal
(Jones091015L)
(Posted: September 15th 2015)
Commonwealth vs. Laubach
9.14.2015
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; Megan's Law registration for luring charge; timeliness; court's jurisdiction to act; waiver
(Laubach091415L)
(Posted: September 15th 2015)
Guffy Estate
9.14.2015
Marc F. Lovecchio
Wills and Estates:
Petition to Remove executor and trustee; “substantial” reason to remove a fiduciary; interests of estate or trust likely to be jeopardized; failed to comply with statutory duties; conflict of interest; failure to hire competent, legal and financial experts
(guffy091415L)
(Posted: September 15th 2015)
Administrative Appeal:
Objections to writ of scire facias; failure to file complaint on appeal from district justice's decision; applicability of the doctrine of res judicata to a municipal claim even though prior action had been dismissed for failure to prosecute
(donly091515a)
(Posted: September 15th 2015)
Commonwealth vs. Monroe
9.9.2015
Marc F. Lovecchio
Criminal:
Appeal; timeliness of post-conviction relief act petition; waiver of claims by failure to raise them during proceedings; arrest without warrant based on officer's observations of felony; search incident to arrest; retroactive effect of Alleyne case
(Monroe090915L)
(Posted: September 9th 2015)
In re Stuart
9.9.2015
Marc F. Lovecchio
Wills and Estates:
Exceptions to denial of petition to set aside real estate conveyance; timeliness under Orphan's Court Rules; oral motion to proceed nunc pro tunc; equities argument; counsel's negligence; extraordinary circumstances involving fraud or some breakdown in the court's operation; abuse of discretion
(stuart090915L)
(Posted: September 9th 2015)
Commonwealth vs. Sowell
9.8.2015
Marc F. Lovecchio
Criminal:
Post conviction relief act petition response to notice of intent to dismiss; excessive sentence claim; waiver; self-representation; consideration of extensive criminal history not reflected in prior record score; felony grading of conviction for fleeing and eluding charge when police are endangered; need to protect the public
(Sowell090815L)
(Posted: September 8th 2015)
In re Hiller
8.21.2015
Marc F. Lovecchio
Administrative Appeal:
Petition for involuntary mental health treatment; state prison inmate; refusal to take medication; lack of insight into her mental condition; likelihood of clear and present danger to self or others if released into prison population
(hiller082115L)
(Posted: September 4th 2015)
Commonwealth vs. Wright
9.3.2015
Marc F. Lovecchio
Criminal:
Suppression motion; voluntariness of spontaneous statements made by defendant, while he was intoxicated; confession that was the product of coercion, duress, or the use of other measures by interrogators deliberately calculated to overcome free will; right to counsel prior to filing criminal charges; weight of statements for the jury
(Wright090315L)
(Posted: September 3rd 2015)
Commonwealth vs. Schenck
9.4.2015
Marc F. Lovecchio
Criminal:
Post-sentence motion; weight and sufficiency of evidence; identification of defendant as perpetrator of assault against child; circumstantial evidence; sole caretaker of child; medical testimony relating injuries to assault
(schenck090415L)
(Posted: September 3rd 2015)
Commonwealth vs. Faison
9.2.2015
Dudley N. Anderson
Criminal:
Appeal; sufficiency of evidence that defendant sold heroin; motion for mistrial based on the fact that _x000d_
confidential informant's criminal record was provided to defense counsel the morning of trial; right to confrontation; issues adequately addressed in cross-examination
(Faison090215a)
(Posted: September 2nd 2015)
LWH vs. JLF
8.25.2015
Joy Reynolds McCoy
Divorce:
Petition to enforce settlement agreement and for contempt; interpretation of property settlement agreement; clear and unambiguous language; wrongful intent; attorney's fees
(lwh082815m)
(Posted: September 1st 2015)
Commonwealth vs. Benefield
8.31.2015
Marc F. Lovecchio
Criminal:
Motion to dismiss; rule 600; police due diligence in trying to locate defendant, who did not appear for scheduled appointments
(benefield083115L)
(Posted: August 31st 2015)
Discover Bank vs. Wade
8.27.2015
Dudley N. Anderson
Civil:
Petition to open judgment; credit card collection case; defendant's burden to open judgment; timeliness; failure to set forth proper defense or attach proposed answer; validity of service on sister
(DiscoverBank082715a)
(Posted: August 27th 2015)
Commonwealth vs. Baldwin
8.24.2015
Nancy L. Butts
Criminal:
Habeas corpus petition; failure to comply with sexual offender registration requirements; requirement of Pennsylvania registration for offender who is working and living in Ohio; prima facie case; applicability of Megan's Law I where offender not under Pennsylvania supervision; applicability of Megan's Law II or Megan's Law III where defendant not in the custody of correctional authorities; registration requirements of SORNA
(Baldwin082415bt)
(Posted: August 26th 2015)
Administrative Appeal:
Petition for review of Office of Open Records determination; request to Lycoming County under Right-to-Know Law for County Commissioner appointment candidate list; Court of Common Pleas appointment; obligation of county to provide judicial agency record
(LycomingCounty081315Leete)
(Posted: August 25th 2015)
Civil:
Preliminary objections; claim against township for negligent failure to install catch basins for run-off water; law of surface waters; attacking municipality discretion in providing drainage; incremental increase in rate of water flow caused by macadam's lack of porosity
(scott082515a)
(Posted: August 25th 2015)
Civil:
Motion in limine; expert testimony beyond the scope of the complaint or irrelevant; motion for leave to amend; amplification of the pleaded negligence; prejudice
(palmer082015g)
(Posted: August 24th 2015)
Commonwealth vs. Kanski
8.24.2015
Dudley N. Anderson
Criminal:
Appeal; sufficiency of evidence of DUI
(Kanski082415a)
(Posted: August 24th 2015)
ADB vs. AMK
8.21.2015
Nancy L. Butts, Dudley N. Anderson, Richard A. Gray, Marc F. Lovecchio, Joy Reynolds McCoy
Custody:
En banc opinion on motion for reconsideration, with dissenting and concurring opinions; request for genetic testing; challenge to acknowledgment of paternity; fraud, duress or material mistake of fact; statutory restrictions to challenge to acknowledgment; applicability of best interests of the child analysis, under statute
(adb082115m)
(Posted: August 21st 2015)
Commonwealth vs. Trapp
8.21.2015
Marc F. Lovecchio
Criminal:
Post-sentence motion; weight and sufficiency of evidence of defendant's identity as perpetrator of crime; admissibility of expert testimony about eyewitness identification; excessive sentence; applicability of the Alleyne decision to sentencing guidelines relating to use of firearm
(Trapp082115L)
(Posted: August 21st 2015)
Administrative Appeal:
Agency appeal; results of video inspections of properties to determine sources of nonpolluted water into the sewer; noncomplying lateral sewer pipe; replacement order; findings not supported by substantial evidence or error as a matter of law; inferences from production of incomplete expert review; reasonable reliance upon credible witnesses
(shams080615g)
(Posted: August 18th 2015)
Commonwealth vs. Copenhaver
8.17.2015
Marc F. Lovecchio
Criminal:
Appeal; probation violation; standard conditions for sex offenders relating to possessing, viewing, and reading sexually explicit materials; knowing request for and receipt of adult pornographic material while in prison
(Copenhaver081815L)
(Posted: August 18th 2015)
Commonwealth vs. Faison
8.14.2015
Nancy L. Butts
Criminal:
Post sentence motion; sufficiency of evidence of possession with intent to deliver; inferences from quantity of drugs possessed and other surrounding circumstances; weight of the evidence; verdict shocking court's sense of justice
(Faison081415bt)
(Posted: August 17th 2015)
Civil:
Petition to strike or open 1951 default judgment; defect on the face of the record; sufficiency of description of land; facts outside the record; lack of separately assessed mineral rights; attacking validity of affidavit of counsel that the individual defendants' whereabouts were unknown; need for evidentiary hearing
(Keta081415a)
(Posted: August 14th 2015)
Civil:
Motions for judgment on the pleadings; remand from appeal; violation of Guaranteed Minimum Royalty Act; fact issues; estoppel precluding argument against enforcement of agreement; statute of limitations
(Southwestern081415a)
(Posted: August 14th 2015)
Commonwealth vs. Rowe
8.12.2015
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion to stop vehicle for DUI; totality of circumstances; erratic driving
(Rowe81215bt)
(Posted: August 14th 2015)
Civil:
Motion in limine; expert testimony to support claims of injuries that manifested themselves through pain and swelling immediately after the accident; admission of records and reports of medical providers in arbitration; release of servant affecting claim against master; waiver of limited tort defense by failure to file new matter
(Fidler081415a)
(Posted: August 14th 2015)
Commonwealth vs. Wlliams
8.13.2015
Nancy L. Butts
Criminal:
Post sentence motion; sufficiency of evidence; statutory rape; penetration requirement; uncorroborated testimony of a sexual assault victim; Intimidation of witnesses or victims; weight of evidence; excessive sentence
(Williams081315bt)
(Posted: August 14th 2015)
Commonwealth vs. Barto
8.12.2015
Marc F. Lovecchio
Criminal:
Appeal; post conviction hearing act petition; ineffective counsel; calculation of prior record score; retroactive application of Alleyne case issues; disclosure of Brady evidence; District Attorney's obligation to acquire information about investigation of trooper; sufficiency of evidence; waiver of issues first raised on appeal; character witness evidence
(Barto081215L)
(Posted: August 12th 2015)
Civil:
Motion for preliminary injunction; planned high school construction project; intervening election with possible change in school board composition; court functioning as super school board; authority of school board to lawfully award bids or execute contracts in discharge of duties as a part of extended deliberative process; absence of arbitrary or capricious conduct, abuse of discretion or bad faith
(snell081115A)
(Posted: August 11th 2015)
Commonwealth vs. Wilson
8.7.2015
Marc F. Lovecchio
Criminal:
Appeal; claimed excessive sentence after revocation of intermediate punishment; absconding from supervision three times
(Wilson080715L)
(Posted: August 10th 2015)
CR Adoption
8.3.2015
Joy Reynolds McCoy
Adoption:
Parents' petition to voluntarily relinquish parental rights to agency; dependent child who has been excluded from parent's home due to disciplinary and safety issues; agency opposition to relinquishment due to yet untried services that could be tried by the family; parents belief that they are physically or mentally unable to raise child; relinquishment creating an unadoptable orphan; premature petition
(CR080315m)
(Posted: August 5th 2015)
Commonwealth vs. Sowell
8.4.2015
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; claims raised on direct appeal, which were rejected; ineffective counsel; merit of claims; self representation; waiver; lack of prejudice; impact of counsel violating the Rules of Professional Conduct; excessive sentence; lack of fingerprinting as reason for dismissal of charges; frivolous procedural issues; jurisdiction of court
(Sowell080415L)
(Posted: August 4th 2015)
Commonwealth vs. Walker
8.4.2015
Marc F. Lovecchio
Criminal:
Second post conviction relief act petition; timeliness; jurisdiction of the court; issues previously litigated or waived; issue raising constitutionality of mandatory sentence where no mandatory sentence was imposed
(Walker080413L)
(Posted: August 4th 2015)
Commonwealth vs. Robinson
8.4.2015
Marc F. Lovecchio
Criminal:
Second post conviction act petition; timeliness; jurisdiction of the court
(Robinson080415L)
(Posted: August 4th 2015)
Criminal:
Omnibus pretrial motion; sheriff's entry into home for service of PFA order; mere encounter; voluntary consent to entry; power of sheriffs to arrest for crimes committed in their presence; probable cause for arrest; search incident to arrest; inevitable discovery
(Middleton073015bt)
(Posted: August 3rd 2015)
Commonwealth vs. Walls
7.31.2015
Nancy L. Butts
Criminal:
Appeal; sentencing challenge; due consideration to the character of defendant, the circumstances of_x000d_
the offenses, and the impact of the offenses
(Walls073115bt)
(Posted: August 3rd 2015)
Administrative Appeal:
Municipal lien for unpaid sewer fees; motion for judgment for want of sufficient affidavit of defense; alternative motion for judgment on the whole record; increased EDU assessment due to claimed change of use; tapping fee for existing combination use that was previously overlooked; equitable considerations
(LCWSA072815g)
(Posted: August 1st 2015)
Commonwealth vs. Seitzer
7.29.2015
Richard A. Gray
Criminal:
Motion for new trial treated as petition for post-conviction relief; eligibility for relief where no sentence is being served; timeliness; lack of witness certification of proposed witness testimony that the victim recanted
(Seitzer072915g)
(Posted: August 1st 2015)
Rickard vs. Marino
7.30.2015
Dudley N. Anderson
Civil:
Motion for summary judgment; interpretation of option agreement for purchase of real estate; return of security deposit on failure to secure financing; parol evidence rule; oral evidence of facts tending to show that a fundamental assumption was made
(Rickard073015)
(Posted: July 30th 2015)
Commonwealth vs. Davis
7.17.2015
Nancy L. Butts
Criminal:
Suppression motion; probable cause for vehicle stop; non-functioning registration light; missing video of vehicle stop; bad faith
(Davis071715bt)
(Posted: July 21st 2015)
Kuntz Estate
7.16.2015
Marc F. Lovecchio
Wills and Estates:
Motion for protective order to prevent sale of real estate; preliminary objections to the motion; authority of executor; potential surcharge against executors who choose to sell property over objection of residual beneficiary where residual beneficiary offers to purchase property in kind and to pay estate debt; fiduciary obligation to deal with heirs with utmost fairness
(kuntz071615L)
(Posted: July 16th 2015)
KAM Adoption
7.13.2015
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; settled purpose to relinquish parental claim to a child for at least six months; child born to incarcerated parents; failure to perform any duties on behalf of the child since birth, even after release from prison; no bond with parents
(AdoptionofKAM071315m)
(Posted: July 16th 2015)
Commonwealth vs. Coleman
7.16.2015
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; retroactive effect of Alleyne vs. U.S. in PCRA stage of proceedings; ineffective counsel for failure to raise Alleyne issues on appeal; deferred ruling to allow counsel to raise issues in light of recent appellate court cases
(Coleman071615L)
(Posted: July 16th 2015)
Commonwealth vs. Heaton
7.10.2015
Nancy L. Butts
Criminal:
Post-sentence motion; sufficiency and weight of evidence to prove DUI; prescription drug use before car crash; credibility; after discovered evidence; claimed impaired memory at the time of the trial; supporting medical testimony
(Heaton071015bt)
(Posted: July 14th 2015)
Commonwealth vs. Faison
7.10.2015
Richard A. Gray
Criminal:
Post sentence motion; sufficiency of evidence of constructive possession of cocaine; weight of the evidence; intent to deliver may inferred from quantity of drugs possessed and other surrounding circumstances; flight from the scene; shocking to the court's sense of justice
(Faison071015g)
(Posted: July 14th 2015)
Commonwealth vs. Cormier
7.9.2015
Nancy L. Butts
Criminal:
Post sentence motion; discretion of court to revoke probation and sentence to incarceration; conviction of new offence and repeated technical violations of supervision; vindication the authority of the Court
(Cormier070915bt)
(Posted: July 13th 2015)
Criminal:
Motion to determine restitution; claim of excessive or speculative valuation of stolen brass; testimony establishing a factual basis for restitution
(Enterline070915bt)
(Posted: July 13th 2015)
Commonwealth vs.Kanskl
7.13.2015
Marc F. Lovecchio
Criminal:
Post sentence motion; denial of defendant's omnibus pretrial motion nunc pro tunc; timeliness; benefit of review of dash-camera; waiver of issues by failure to preserve in motion; use of PBT results to determine probable cause; calibration pf PBT unit
(Kanski071315L)
(Posted: July 13th 2015)
Commonwealth vs. Deprenda
6.23.2015
John B. Leete, Specially Presiding
Criminal:
Motions in limine; testimony of police education training specialist; admissibility of driving principles of Mandatory In-Service Training (MIST); standard of conduct that a reasonable person would observe in the defendant's situation; probative value in determination of whether there was a deviation from the standard of conduct; danger of unfair prejudice; relevance of MIST course documents; testimony of defendant's driving training instructor that defendant was not using due regard for the safety of persons at the time of collision; admissibility of the speed of the defendant's vehicle; determination of recklessness; relevance of evidence of defendant's pre-collision knowledge of and his lack of consideration of a dip in the road; admissibility of evidence that other officers in other incidents pursued individuals while driving at similar speeds, and that such conduct was condoned by supervisors
(Deprenda062915Lette)
(Posted: July 11th 2015)
Corter vs. Smith
7.2.2015
Richard A. Gray
Civil:
Motion in limine; qualifications of licensed public adjuster to render opinion on standard of care of insurance agent; proposed expert's pecuniary interest in the matter due to contingent fee agreement; relevance of expert opinion of an engineer on the cost of reconstructing the home; determination of replacement cost value from an insurance writing standpoint
(Corter070215g)
(Posted: July 8th 2015)
Commonwealth vs. Brown
7.6.2015
Nancy L. Butts
Criminal:
Motions to admit out-of-court statements of four-year-old child victim; confrontation clause; out-of-court testimonial statements by a witness; existence of ongoing emergency; Tender Years Statute; unavailability of child witness; determination of whether forcing the child to testify will result in such serious emotional distress to the child so that she will not be able to reasonably communicate; relevant and sufficiently reliable statements; statements offered to show something other than the truth of the matter asserted
(Brown070615bt)
(Posted: July 8th 2015)
SLD vs. CD
7.8.2015
Dudley N. Anderson
Support:
Exceptions to support order; credits allowed against support; deferral until equitable distribution; nurturing parent status where parent plans to attend college rather than stay home with children and others are available to provide care free of charge; obvious calculation error; deduction of health insurance costs where one party pays for health insurance for the family; allocation of cost of health insurance premium
(SLD070815a)
(Posted: July 8th 2015)
Commonwealth vs. Bodle
6.26.2015
Richard A. Gray
Criminal:
Post conviction relief act petition; ineffective counsel; failure to call character witnesses at trial; strategy and tactics of trial counsel; prejudice; overcoming presumption of counsel effectiveness; lack of helpfulness of proposed witness testimony; lack of prejudice
(bodle062615g)
(Posted: July 7th 2015)
Commonwealth vs. Lewis
7.1.2015
Marc F. Lovecchio
Criminal:
Motion in limine regarding the defendant's prior felony convictions; required element of the crime of persons not to possess firearms, acceptance of stipulation of required element; admissibility of videotaped interview; corpus delicti; relevant and admissible evidence; probative value outweighed by risk of undue prejudice.
(Lewis070115L)
(Posted: July 7th 2015)
Commonwealth vs. Ball
7.2.2015
Marc F. Lovecchio
Criminal:
Appeal; issues raised for the first time on appeal; claim for credit for time served in other jurisdiction, where all sentences were imposed by Pennsylvania courts; sentences aggregating as a matter of law; equal protection claim; alleged deficiency in the evidence presented at the preliminary hearing where evidence presented at trial was sufficient to sustain conviction; mootness
(Ball070215L)
(Posted: July 7th 2015)
Commonwealth vs. Jennings
7.2.2015
Marc F. Lovecchio
Criminal:
Defendant motion in limine; sex offender registration; admissibility of evidence that Defendant was told prior to the date in which he is accused of driving an unregistered vehicle that he could not drive a vehicle without it being registered; other crimes or wrongs; evidence rule 404(b); probative value of evidence outweighing potential for unfair or undue prejudice; evidence that goes directly to the element of intent
(jennings070215L)
(Posted: July 7th 2015)
Civil:
Preliminary objections; construction contract; claim as third party beneficiary to the performance bond; quantum meruit claim; availability of equitable contract claims where the relationship is governed by an express contract; alternative pleading
(Killinger070115g)
(Posted: July 7th 2015)
Commonwealth vs. Zeigler
7.7.2015
Marc F. Lovecchio
Criminal:
Appeal; claim of unduly harsh and manifestly excessive sentence; waiver by failure to assert issue during sentencing hearing or by post sentence motion; discretion of the trial court in imposing sentence following the revocation of probation; conviction of another crime and violation of probation; imposing harsh post-revocation sentence where the defendant originally received lenient sentence
(Zeigler070715L)
(Posted: July 7th 2015)
Civil:
Motion in limine; arbitration limits case; admission of invoices for repair issued by unidentified, out-of-state party, who is not with in the subpoena power of the court; applicability of Pa.R.C.P. 1305
(west062515a)
(Posted: June 26th 2015)
Administrative Appeal:
License suspension appeal; refusal to submit to a chemical blood test; reasonable grounds to request blood testing; materiality of determination of legality of arrest in civil license suspension case; knowing or conscious refusal; lack of evidence of language barrier; authority for requiring reasonable accommodations for language issues
(Lopez062315m)
(Posted: June 25th 2015)
Commonwealth vs. Villanueva
6.24.2015
Marc F. Lovecchio
Criminal:
Appeal; post sentence motion; suppression issue; probable cause for search warrant for hair and blood samples; motion in limine; evidence of conviction for a prior robbery; important link in chain of evidence to show identity; prejudicial effect; non-jury trial; sufficiency of evidence of identity of robber; weight of the evidence
(Villanueva062415L)
(Posted: June 24th 2015)
TEB vs. SLB
6.23.2015
Joy Reynolds McCoy
Divorce:
Petitions for contempt or to enforce property settlement agreement; interpretation of marital settlement agreement as it applies to qualified domestic relations orders; unambiguous language; benefit to which coverture fraction is applied; post-separation enhancements; utilization of Husband's pay years_x000d_
post-separation to calculate marital property; claim that husband's post-separation monetary contributions were awarded; standards to find contempt; lack of wrongful intent
(teb062315m)
(Posted: June 24th 2015)
DH-W Adoption
6.21.2015
Joy Reynolds McCoy
Adoption:
Agency petition for involuntary termination of parental rights; incarcerated mother with 4 previous terminations due to inability to care for children; father's ability to care for child on his own; father with intellectual limitation and low I.Q.; no settled purpose to relinquish parental claim; refusal as well_x000d_
as incapacity to perform parental duties; intellectual deficiency; clear and convincing evidence that Father's lack of parenting skills cannot or will not be remedied; permanency for the child; needs and welfare of the child; extended removal of child from custody with conditions which led to removal of the child still continuing to exist; bond with the Child
(AdoptionofDHW062115m)
(Posted: June 24th 2015)
Commonwealth vs. Blackwell
6.22.2015
Marc F. Lovecchio
Criminal:
Appeal; waiver of issues for failure to file rule 1925 statement; timeliness of post conviction relief act petition; jurisdiction
(Blackwell062215L)
(Posted: June 22nd 2015)
Commonwealth vs. Coleman
6.22.2015
Marc F. Lovecchio
Criminal:
Habeas corpus petition; jurisdiction; interpretation of sentence by Pennsylvania Board of Probation and Parole; certification of defendant's continued eligibility for RRRI minimum
(Coleman062215L)
(Posted: June 22nd 2015)
Commonwealth vs. Tawney
6.22.2015
Marc F. Lovecchio
Criminal:
Motion to modify sentence nunc pro tunc; motion for post conviction collateral relief; timeliness; waiver for failure to raise in previous proceeding; ineffective assistance of trial counsel; lack of prejudice
(Tawney062215L)
(Posted: June 22nd 2015)
Civil:
Summary judgment motion; contracts relating to oil and gas exploration and overriding royalty payments; authority of corporation president to sign contracts; inherent authority; implied and apparent authority; estoppel
(redrun061815g)
(Posted: June 19th 2015)
Commonwealth vs. Hamilton
6.15.2015
Nancy L. Butts
Criminal:
Suppression motion; traffic stop; reasonable suspicion that defendant was committing DUI; observation of abrupt swerve and other erratic driving
(Hamilton061515bt)
(Posted: June 18th 2015)
Commonwealth vs. Spoeri
6.16.2015
Marc F. Lovecchio
Criminal:
Motion to suppress identification; claimed inherently suggestive show-up identification; exceptions to the warrant requirement; consent for identification; claimed self-incrimination; motion to suppress physical evidence; consent to search; inevitable discovery; providing timely notice to defendant intention to introduce of other crimes, wrongs or acts; motion for formal discovery; waiver of right to file petition for writ of habeas corpus by waiving preliminary hearing; admissibility of lay person opinion evidence identifying Defendant as the person depicted in robbery surveillance video; testimony based on witness' perception
(Spoeri061615L)
(Posted: June 16th 2015)
Commonwealth vs. Justice
6.9.2015
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; timeliness; retroactive application of Alleyne; legality of sentence; unlawfully induced guilty plea
(Justice060915L)
(Posted: June 9th 2015)
CMB Adoption
6.5.2015
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; settled purpose to relinquish parental claim to a child for at least six months; clear and convincing evidence; lack of contact or relationship with any of the putative fathers; developmental, physical and emotional needs and welfare of the child
(AdoptionofCMB060115m)
(Posted: June 5th 2015)
Commonwealth vs. Snyder
6.3.2015
Nancy L. Butts
Criminal:
Post sentence motion; inconsistent verdict; acquittal of statutory sexual assault, but guilty of corruption of minors; sufficiency of evidence of corruption of minors
(Synder060315bt)
(Posted: June 5th 2015)
Commonwealth vs. Graham
6.3.2015
Marc F. Lovecchio
Criminal:
Appeal; post conviction hearing act petition; waiver of claims for failure to raise new issue in response to court's notice to dismiss; issues decided on direct appeal; hybrid representation issue in request for transcripts; requirement to impose statutory maximum sentence
(Graham060315L)
(Posted: June 4th 2015)
GLS and EJS Adoption
5.29.2015
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; settled purpose to relinquish parental claim to a child for at least six months; clear and convincing evidence; consideration to the developmental, physical and emotional needs and welfare of children; lack of relationship with children
(AdoptionofGLSandEJS052915m)
(Posted: June 4th 2015)
Commonwealth vs. Segraves
6.3.2015
Marc F. Lovecchio
Criminal:
Commonwealth appeal of grant of post conviction relief act petition; waiver of issues raised for the first time on appeal; trial counsel lacking reasonable basis for failing to witness who would have impeached the victim; prejudice; case hinging on the credibility of the victim
(Segraves060315L)
(Posted: June 3rd 2015)
Commonwealth vs. Carl
5.27.2015
Nancy L. Butts
Criminal:
Suppression motion; vehicle stop; probable cause; brake light malfunction; request to exit vehicle during traffic stop; reasonable suspicion that Defendant was committing a crime; sufficient articulable basis supporting pat-down search; reasonable suspicion that Defendant was armed and dangerous; plain feel doctrine; syringe in Defendant's pocket; warrantless search of motor vehicle; probable cause to believe that drugs or drug paraphernalia were in Defendant's vehicle; totality of the circumstances
(Carl052715bt)
(Posted: May 29th 2015)
Civil:
Preliminary objections; complaint and motion for preliminary injunction; legal sufficiency or insufficiency of complaint; interpretation of an easement; trespass; latent ambiguity in easement; parol evidence; scope of the easement; civil conspiracy; conversion of trees; negligent breach of duty to exercise due care with respect to exercising rights under easement agreement; breach of contract claim; quiet title claim for forfeited rights as result of the unlawful infringement of rights of plaintiffs; injunction to enjoin a nuisance; applicability of release; objections raised as to another party; specificity of averment of damage claims that are known and easily ascertainable; punitive damages; objective appreciation of the risk of harm
(Bair052215g)
(Posted: May 29th 2015)
Civil:
Preliminary objections to complaint; breach of fiduciary duty; existence of confidential relationship; entrusting confidential proprietary information alone; disclosure of confidential customer list; intentional interference with dealer agreement; no allegation that dealership contract was modified or terminated
(Nisson052915g)
(Posted: May 29th 2015)
Commonwealth vs. Hays
5.22.2015
Nancy L. Butts
Criminal:
Suppression motion; probable cause for vehicle stop; observation of traffic signal violation; allegation that destroyed video evidence was exculpatory; bad faith destruction of merely potentially useful evidence
(Hays052215bt)
(Posted: May 27th 2015)
Administrative Appeal:
Petition for involuntary treatment of convicted murderer filed by SCI – Muncy; severe mental disability; appeal; clear and convincing evidence; danger to herself or others; refusal to take medication
(yh052715L)
(Posted: May 27th 2015)
Commonwealth vs. Jackson
5.22.2015
Marc F. Lovecchio
Criminal:
Motions in limine; timeliness of motion to suppress; dropping head when shown search warrant as evidence of Defendant's consciousness of guilt; Miranda rights; relevancy of the evidence; no evidence of questioning; Defendant initiated conversation after Defendant advised of Miranda rights; gratuitous comment, when no response was sought or required; late disclosure of expert opinion; prejudice the defense with eleventh hour disclosures; evidence regarding the victim's history of or reputation for violence; evidence of victim's pertinent character trait; decedents statements to Defendant and others that he belonged to the “Hell Angels” gang and killed six people; evidence the decedent had a PFA filed against him and was convicted of assault upon a peace officer; evidence that the decedent pled guilty to public drunkenness; evidence of defendant having same traits of decedent; impeachment of witnesses
(jackson052215L)
(Posted: May 22nd 2015)
Commonwealth vs. Willits
5.15.2015
Nancy L. Butts
Criminal:
Suppression motion; warrantless entry into hotel room; exigent circumstances; defendant subject to arrest warrant; potential of escape; hot pursuit; habeas corpus petition; prima facie case of aggravated assault and escape
(Willits051515bt)
(Posted: May 21st 2015)
AW vs. CW
5.15.2015
Joy Reynolds McCoy
Custody:
Petition for special relief; question of attending Williamsport or Loyalsock schools; children's need for stability and continuity; child care cost savings; behavioral issues
(aw051515m)
(Posted: May 19th 2015)
Commonwealth vs. Reeder
5.18.2015
Marc F. Lovecchio
Criminal:
Appeal; re-sentence of total confinement in a state correctional institution for technical probation violations; discretion of court; likelihood that defendant will commit another crime; substance abuse and personality disorders; self-medicating with illegal drugs; possibility of involuntary mental health commitment; unsuccessful efforts to help defendant through Drug Court and intermediate punishment programs
(Reeder051815L)
(Posted: May 18th 2015)
Commonwealth vs. Alford
5.8.2015
Nancy L. Butts
Criminal:
Appeal; admissibility of lay opinion identification testimony; surveillance photograph; foundation for testimony; introduction of recorded prison phone calls; prior inconsistent statements; excited utterance exception to the hearsay rule
(Alford050815bt)
(Posted: May 15th 2015)