Civil:
Preliminary objections; demurrer to legal conclusions; asserting breach of implied in fact contract and claim for unjust enrichment in the alternative to breach of express contract claim
(arthur051415g)
(Posted: May 15th 2015)
Civil:
Permanent injunction hearing; refusal of prison inmate to accept life saving medical treatment; interest of Commonwealth in maintaining prison order and security; duty under the 8th Amendment to protect health and welfare of persons in custody; case where prisoner wants to dictate the details of her medical care and choose the provider
(young051215g)
(Posted: May 15th 2015)
Commonwealth vs. Sheldon
5.12.2015
Richard A. Gray
Criminal:
Post conviction relief act petition; timeliness
(Sheldon051215g)
(Posted: May 15th 2015)
Commonwealth vs. White
5.13.2015
Marc F. Lovecchio
Criminal:
Post-conviction relief act petition; guilty plea and waiver of eligibility for recidivism risk reduction incentive; request for reconsideration of sentence; timeliness
(White051315L)
(Posted: May 14th 2015)
Commonwealth vs. Budd
5.11.2015
Marc F. Lovecchio
Criminal:
Petition for writ of habeas corpus; attack the sufficiency of evidence to prove prima facie case; conspiracy; mere presence at the scene, or knowledge of the crime; agreement to commit or aid in a drug delivery resulting in death; co-conspirator exceptions to the hearsay rule; spousal privilege
(budd051115L)
(Posted: May 13th 2015)
Commonwealth vs. McDowell
5.11.2015
Marc F. Lovecchio
Criminal:
Motion to dismiss under rule 600; calculation of excludable time periods; actions of counsel imputed to_x000d_
defendant_x000d_
(McDowell051115L)
(Posted: May 13th 2015)
Administrative Appeal:
Objections to an upset tax sale; reasonable and justifiable reliance on statement of tax office employee as to tax delinquency payment due date
(warner050515g)
(Posted: May 8th 2015)
Commonwealth vs. Smith
5.4.2015
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel; credibility issues; eligibility for boot camp; likelihood of boot camp sentence
(Smith050415L)
(Posted: May 5th 2015)
Commonwealth vs. Shaffer
4.29.2015
Nancy L. Butts
Criminal:
Post conviction relief act petition; claim of ineffective counsel; relevance of victim's bi-polar disorder; claimed unprepared attorney; advice to defendant to avoid testimony because of prior record; unsupported claim that PFA testimony contradicted trial testimony; failure to call witness who are not identified; multiple issues that have no legal or factual basis as reason to find counsel ineffective
(Shaffer042915bt)
(Posted: May 2nd 2015)
Commonwealth vs. Smith
4.29.2015
Nancy L. Butts
Criminal:
Omnibus pretrial motion; unlawful vehicle stop; territorial limits of jurisdiction of arresting police officer; order appointing officer as county detective to work DUI roving patrols
(Smith042915bt)
(Posted: May 1st 2015)
Commonwealth vs. Smith
4.29.2015
Nancy L. Butts
Criminal:
Omnibus pretrial motion; reasonable suspicion for vehicle stop; claimed unlawful blood draw; voluntary consent; totality of circumstances
(Smith0429152bt)
(Posted: May 1st 2015)
Orwig vs. PennDOT
4.28.2015
Joy Reynolds McCoy
Administrative Appeal:
Appeal of order sustaining statutory appeal of one-year suspension operating privilege; unreasonable delay by the department
(Orwig042815m)
(Posted: April 29th 2015)
Commonwealth vs. Williams
4.29.2015
Marc F. Lovecchio
Criminal:
Appeal; admissibility of evidence of possession of similar drugs and packaging by another_x000d_
occupant of vehicle
(Williams042915L)
(Posted: April 29th 2015)
Commonwealth vs.June
4.25.2015
Marc F. Lovecchio
Criminal:
Motion to dismiss; private criminal complaint; statute of limitations; timeliness of motion; interests of justice; reasonably ascertainable place of abode; tolling statute; credibility of defendant
(June042515L)
(Posted: April 24th 2015)
Miller vs. Miller
4.24.2015
Dudley N. Anderson
Civil:
Summary judgment motion; conversion claim; unreasonable withholding of possession; no request for return; lack of unjust enrichment; statute of limitations
(Miller042415)
(Posted: April 24th 2015)
Civil:
Non-jury trial; ejectment; claim of a lifetime lease without cost; credibility
(horn042115g)
(Posted: April 24th 2015)
Civil:
Non-jury trial; interpretation of easement in deed; size of easement is of such width as is suitable and convenient for the ordinary uses of free passage for a vehicle; rule of construction; plain language
(affordable042415g)
(Posted: April 24th 2015)
Commonwealth vs. Ingram
4.21.2015
Marc F. Lovecchio
Criminal:
Motion to dismiss; rule 600; due diligence to bring case to trial; two intervening appeals to the Superior Court by the Commonwealth, that were in part successful; excluding time prior to remand; availability of witnesses; availability of court time
(ingram042115L)
(Posted: April 22nd 2015)
Adoption of BEC and NCC
4.17.2015
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; clear and convincing evidence; settled purpose to relinquish parental claim to a child for at least six months; alleged roadblocks; credibility of evidence; minimal interaction with children at the convenience of parent; existence of parental bond; needs and welfare of the children
(AdoptionofBandNC041715m)
(Posted: April 22nd 2015)
Civil:
Non-jury trial; forfeiture; seizure of vehicle used to transport contraband; currency recently next to cocaine; shifting burden; failure to establish lawful acquisition of funds
(2006ChevroletMalibu041715g)
(Posted: April 20th 2015)
Commonwealth vs. Terry
4.17.2015
Nancy L. Butts
Criminal:
Suppression motion; vehicle search; mere encounter; reasonable suspicion; probable cause to arrest; inevitable discovery
(Terry041515bt)
(Posted: April 18th 2015)
Commonwealth vs. Header
4.10.2015
Nancy L. Butts
Criminal:
Suppression motion; probable cause to stop vehicle and to request blood testing; observation of vehicle driving over the center line of roadway
(Header041015bt)
(Posted: April 15th 2015)
Commonwealth vs. Wright
4.13.2015
Nancy L. Butts
Criminal:
Appeal; sufficiency of evidence to convict of DUI; reasonable suspicion for vehicle stop
(Wright041315bt)
(Posted: April 15th 2015)
Criminal:
Omnibus pre-trial motion; waste water discharge; habeas corpus petition; sufficiency of evidence to establish prima facie case; element of causation; evidence that produced water from the site was a “waste" as defined by Solid Waste Management Act; definition of "solid waste disposal facility"; facts viewed in light most favorable to the Commonwealth; unconstitutionally vague statute; de minimus conduct; absolute liability; extenuations; settlement with the U.S. EPA and DOJ as justifying dismissal of state law criminal charges; selective prosecution; evidentiary hearing on claim that Commonwealth destroyed potential Brady material
(XTO041415L)
(Posted: April 14th 2015)
Commonwealth vs. Jennings
4.14.2015
Marc F. Lovecchio
Criminal:
Motion in limine; evidence of defendant's prior criminal record, including any driving offenses; prejudice; habitual offender charge; proving requisite predicate offense; probative value outweighed by danger of unfair prejudice
(jennings041415L)
(Posted: April 14th 2015)
Commonwealth vs. Jackson
4.14.2015
Marc F. Lovecchio
Criminal:
Commonwealth's motion in limine; precluding testimony of psychiatrist that defendant reasonably believed his life was threatened by deceased; buttressing the credibility of the defendant; relevance and probative value of expert testimony
(Jackson041415L)
(Posted: April 14th 2015)
Civil:
Preliminary objections; contract case; specific performance of agreement of sale; statute of limitations; adequate remedy at law; public water system; specific averment of time
(millay041015g)
(Posted: April 10th 2015)
Commonwealth vs. Gooden
4.10.2015
Marc F. Lovecchio
Criminal:
Motion for reconsideration; motion to forfeit bail; failure to file petition for remitter or to set aside forfeiture
(Gooden041015L)
(Posted: April 10th 2015)
Civil:
Motion for partial summary judgment; dispute between adjacent landowners about nature and scope of easement; use of easement for vehicle travel; historical use of right-of-way for only pedestrian traffic; intention of the parties; fair interpretation and construction of easement document; expansion of right-of-way; factual issues for trial
(affordable.040715g)
(Posted: April 9th 2015)
Commonwealth vs. Bean
4.9.2015
Marc F. Lovecchio
Criminal:
Motion for severance; claimed prejudice by the joinder of different Informations and different counts relating to multiple burglaries; both factual distinctions and similarities between respective groups of crimes; evidence in cases is capable of separation by the jury; possibility of prejudice outweighing judicial economy of consolidation
(Bean040915L)
(Posted: April 9th 2015)
Harrison vs. Haueisen
4.2.2015
Richard A. Gray
Civil:
Preliminary objections; dog bite case; unexcused violation of the Dangerous Dog Law; negligence per se; creation of civil standard of liability; dog with vicious propensity; punitive damages claim for unrestrained dog with known dangerous propensities
(Harrison040215g)
(Posted: April 2nd 2015)
Criminal:
Suppression motion; DUI case; probable cause for warrant to search medical records; evidence of erratic driving and suspicious conduct by driver while being questioned
(Eiswerth040115bt)
(Posted: April 2nd 2015)
Civil:
Motion in limine; medical testimony on the standard of care in medical malpractice case; statutory requirements; subspecialty which has a substantially similar standard of care; same board certification; active involvement in medicine in the applicable subspecialty; ruling deferred for development of record; needlessly cumulative evidence
(Asiello033115g)
(Posted: April 1st 2015)
Commonwealth vs. Girardi
4.1.2015
Marc F. Lovecchio
Criminal:
Motion challenging competency of minor witness; presumption of competency; claim of taint; assessment of child's developmental maturity and ability to provide reliable information; demonstrated understanding of meaning of truth and lies; mental capacity
(girardi040115L)
(Posted: April 1st 2015)
Commonwealth vs. Keiss
4.1.2015
Marc F. Lovecchio
Criminal:
Omnibus pretrial motion; operating a watercraft under the influence of alcohol; reliance upon the results of an HGN test when assessing probable cause; use of HGN or PBT results at trial; sufficiency of evidence to establish probable cause for arrest; use of PBT results to determine probable cause; trial admissibility of evidence used to establish probable cause
(Kiess040115L)
(Posted: April 1st 2015)
Civil:
Preliminary objections; proper use of the Declaratory Judgments Act; attempt to adjudicate the validity of defense to other lawsuits; discretion of court to decline to exercise jurisdiction over declaratory judgment action
(Wirerope033115a)
(Posted: March 31st 2015)
Civil:
Reconsideration motion; defective notice of tax sale; applicable statute of limitations in Pennsylvania within which to challenge a tax sale
(Cornwall033115a)
(Posted: March 31st 2015)
Commonwealth vs. Schenck
3.30.2015
Marc F. Lovecchio
Criminal:
Motion to dismiss; rule 600; due diligence to bring case to trial; excludable time due to defense continuance requests
(Schenck033015L)
(Posted: March 30th 2015)
Commonwealth vs. Lambert
3.30.2015
Marc F. Lovecchio
Criminal:
Suppression motion more properly treated as a motion in limine; unfairly prejudicial interview; probative evidence; unfair prejudice; evidence causing the jury to render a decision on an improper basis or to divert the_x000d_
jury's attention away from its duty of weighing the evidence impartially; misleading or confusing the jury
(Lambert033015L)
(Posted: March 30th 2015)
ADB vs. AMK
3.30.2015
Dudley N. Anderson
Family:
Reconsideration motion; request for genetic testing; doctrine of paternity by estoppel; best interests of the child; applicability of common law principle of “paternity by estoppel"
(adb033015a)
(Posted: March 30th 2015)
Civil:
Motions for summary judgment; duty to defend and indemnify; contract interpretation; Workmen's Compensation immunity; employer liability in indemnification for injuries to its own employee; specific use of language which demonstrates intent to indemnify against claims by employees
(Quality033015a)
(Posted: March 30th 2015)
Libby vs. Wetzel
3.30.2015
Dudley N. Anderson
Civil:
Appeal; failure to respond to a summary judgment motion as required by the rule; need for expert testimony of a connection between an incident and an injury; failure to produce evidence of duty and breach
(Libby033015a)
(Posted: March 30th 2015)
Commonwealth vs. Houseweart
3.30.2015
Dudley N. Anderson
Criminal:
Appeal; ineffective counsel; failure of counsel to call a witness whose testimony would have been speculative; failure to request continuance for non-appearance of a subpoenaed witness; lack of witness certification
(houseweart033015a)
(Posted: March 30th 2015)
Commonwealth vs. Faulks
3.20.2015
Nancy L. Butts
Criminal:
Post sentence motion; non-jury trial conviction for endangering welfare of children; parent leaving baby in unattended, running car; child in circumstances that could threaten the child's welfare
(Faulks032015bt)
(Posted: March 27th 2015)
Commonwealth vs. Gardner
3.24.2015
Nancy L. Butts
Criminal:
Appeal; sufficiency of evidence of robbery, conspiracy and second degree murder; admissibility of evidence_x000d_
related to the witnessing of witness's prior use and possession of firearms; witness's propensity for violence and carrying weapons; admissibility of defendant's recorded prison conversations; Commonwealth's use of visual aid during closing argument, that was not in evidence; inconsistent verdicts where evidence is sufficient to support the convictions; weight of the evidence; shocking to the court's sense of justice
(Gardner032415bt)
(Posted: March 27th 2015)
Commonwealth vs. Bean
3.25.2015
Marc F. Lovecchio
Criminal:
Suppression motion; second search warrant and affidavit that corrected any error in first search warrant and narrowed the request to make it particular to circumstances of case; applicability of independent source rule; exploiting fruits of willful misconduct
(Bean032515L)
(Posted: March 26th 2015)
Civil:
Cross-motions for summary judgment; strong circumstantial evidence that mandates finding of negligence; no direct evidence of negligence; res ipsa loquitur; sanction for spoliation of evidence; permitting the fact-finder to draw an adverse inference
(PennDot032015g)
(Posted: March 23rd 2015)
Commonwealth vs. Probst
3.17.2015
Nancy L. Butts
Criminal:
Post-conviction relief act petition; previously litigated claim; ineffective counsel for failure to object to the competency of child witness; merit of underlying issue; competency to testify determined at pre-trial hearing
(Probst031714bt)
(Posted: March 21st 2015)
Ball vs. Savage
3.19.2015
Richard A. Gray
Civil:
Appeal; revocation of in forma pauperis status; three strikes rule; previously filed prison conditions litigation dismissed prior to the revocation; counting federal cases as strikes under state law; no finding that case is frivolous; mandate for court to act
(Ball031915g)
(Posted: March 20th 2015)
Civil:
Post-trial motions; mechanics lien; lienable property; definitions of “improvement” and “construction” contained in Mechanic's Lien Law; curtilage appurtenant to improvement; issues of credibility and the use of circumstantial versus direct evidence
(linde031915a)
(Posted: March 19th 2015)
Commonwealth vs. Wills
3.18.2015
Marc F. Lovecchio
Criminal:
Motion to dismiss; rule 600; Commonwealth due diligence; excludable time; delays attributed to continuances granted to co-defendant
(Wills031815L)
(Posted: March 18th 2015)
Fredericks vs. Sagan
3.16.2015
Dudley N. Anderson
Civil:
Non-jury trial; enforcement of oral contract; need for notarization of documents memorializing oral contract; unjust enrichment by retaining home that was improved using loan funds, that have not been repayed
(Fredericks031615a)
(Posted: March 16th 2015)
Commonwealth vs. Valentine
3.16.2015
Marc F. Lovecchio
Criminal:
Habeas corpus petition; prima facie case of hindering apprehension where defendant allowed a fugitive to stay at her home and refused to respond to police at door
(Valentine031615L)
(Posted: March 16th 2015)
Commonwealth vs. Powell
3.12.2015
Marc F. Lovecchio
Criminal:
Motion to modify bail; rule 600; excludable time; filing of defendant's omnibus pretrial motion causing delay_x000d_
in commencement of trial; delay attributable to unavailability of Defendant and his attorney
(Powell031215L)
(Posted: March 12th 2015)
Commonwealth vs. Holmes
3.12.2015
Marc F. Lovecchio
Criminal:
Motion for nominal bail; rule 600; excludable time; filing of defendant's omnibus pretrial motion causing delay_x000d_
in commencement of trial; delay attributable to unavailability of Defendant and his attorney
(Holmes031215L)
(Posted: March 12th 2015)
Commonwealth vs. JG
3.11.2015
Marc F. Lovecchio
Criminal:
Habeas corpus petition; prima facie case of involuntary deviate sexual intercourse; establishing penetration element; evidence of conduct that was not covered by enumerated sex offenses, to constitute aggravated indecent assault; submission of similar offenses to the jury; factual issue for the jury; laying on top of child as constituting unlawful restraint of a minor by a parent
(jg031115L)
(Posted: March 11th 2015)
Commonwealth vs. Jones
3.11.2015
Marc F. Lovecchio
Criminal:
Habeas corpus petition treated as post conviction relief act petition; challenge to legality of sentence under Alleyne case; timeliness; court jurisdiction; retroactive application of court decision_x000d_
(Jones031115L)
(Posted: March 11th 2015)
Administrative Appeal:
Petition to set aside upset tax sale; proper notice; notice sent by certified mail returned as unclaimed; reasonable efforts to determine correct address; personal service required for owner-occupied property
(Cohick031115a)
(Posted: March 11th 2015)
Commonwealth vs. McHenry
3.11.2015
Dudley N. Anderson
Criminal:
Motion to dismiss; sexual offender registration requirements for temporary lodging; statute void for vagueness; whether or not consecutive dates required; palpable and plain violation of right to due process
(McHenry031115a)
(Posted: March 11th 2015)
Commonwealth vs. Morgret
3.11.2015
Dudley N. Anderson
Criminal:
Post-sentence motion; indirect criminal contempt for failing to report to prison as ordered; authority of court to impose a sentence of incarceration for indirect criminal contempt; constitutionally of statute prohibiting incarceration
(Morgret031115a)
(Posted: March 11th 2015)
Commonwealth vs. Monroe
3.9.2015
Richard A. Gray
Civil:
Appeal; second petition for post-conviction relief; timeliness; claim of unconstitutional sentence; waiver; issues known to defendant at the time of sentencing; illegal sentence claim; consecutive probation; offenses that did not merge; ineffective counsel for failing to inform defendant of sentencing possibilities written on the guilty plea form signed by defendant
(Monroe030915g)
(Posted: March 10th 2015)
Commonwealth vs. Walker
3.10.2015
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel; previously litigated issues; Alleyne claim where no mandatory sentence issued; applicability of Fair Sentencing Act to Pennsylvania drug offenses or Pennsylvania's sentencing guidelines; factual viability of claims
(Walker031015L)
(Posted: March 10th 2015)
Commonwealth vs. Goff
3.4.2015
Nancy L. Butts
Criminal:
Appeal; evidence of circumstances of witness's prior theft conviction; relevance; danger of misleading the jury; evidence that witness absconded while on supervision; admissibility of prior bad acts; question of whether evidence of prison telephone call's probative value outweighed by danger of unfair prejudice
(Goff030415bt)
(Posted: March 9th 2015)
Commonwealth vs. Greenly
3.4.2015
Nancy L. Butts
Criminal:
Post-conviction relief act petition; ineffective counsel; knowingly and voluntarily guilty plea; factual basis for plea; attorney's conflict of interest where defendant and co-defendant voluntarily pled; unjustified failure to file appeal; timely demonstration of interest in appealing; non-frivolous ground for appeal
(Greenly030415bt)
(Posted: March 9th 2015)
Commonwealth vs. Bailey
3.5.2015
Marc F. Lovecchio
Criminal:
Motion for relief from sentencing order and clarification; issue relating to imposition of costs; need for ability to pay determination, before costs imposed; payment of costs during incarceration; jurisdiction of the court
(Bailey030515L)
(Posted: March 5th 2015)
Commonwealth vs. Boyd
3.5.2015
Marc F. Lovecchio
Criminal:
Post-sentence motion; sufficiency of evidence of malice or specific intent for murder; weight of evidence; verdict not shocking to the court's conscience
(Boyd030515L)
(Posted: March 5th 2015)
Civil:
Non-jury trial; specific performance of an agreement of sale for the sale of real estate; claim of being “tricked” into sale; procedural unconscionability and substantive unconscionability claims; being faced with an unpleasant_x000d_
choice as establishing duress; disparity between the agreement price and claimed market value; “distress” sale
(visioninvestment030515a)
(Posted: March 5th 2015)
Commonwealth vs. Taylor
3.4.2015
Marc F. Lovecchio
Criminal:
Appeal; sentencing discretion; sentence greater than aggravated range; 30 year history of theft offenses; non-compliance with rehabilitative efforts; protection of the public
(Taylor030415L)
(Posted: March 4th 2015)
Rauch vs Arcon Group, Inc.
3.4.2015
Dudley N. Anderson
Civil:
Non-jury trial verdict; claim for breach of contract, breach of warranties and violations of the Unfair Trade Practices and Consumer Protection Law in connection with construction contract; calculation of contract damages; attorney fee award; double damages for egregious conduct
(Rauch.030415a)
(Posted: March 4th 2015)
Commonwealth vs. Alford
2.27.2015
Nancy L. Butts
Criminal:
Post-sentence motion; sufficiency of evidence for first degree murder conviction; evidence of intent to kill; sufficiency of evidence to conspiracy to kill; Alleyne issue resulting in harmless error where defendant concedes fact required for mandatory minimum sentence; constitutionality of sentencing where juveniles who are not convicted of murder are not subject to mandatory sentences; equal protection; rational basis test; sentence reasonably related to a legitimate public interest; legality of sentence under ex post facto clauses; claimed violation the original purpose clause and single subject clause of the Pennsylvania Constitution; excessive sentence claim
(Alford022715bt)
(Posted: March 3rd 2015)
Criminal:
Appeal from the District Attorney's denial of request for the filing private criminal complaint; ability to convince a jury beyond a reasonable doubt; abuse of discretion standard of review; refusal to prosecute individuals who were defending themselves from complainant's burglary and assault with a gun; exercise of prosecutorial discretion involving an evaluation of the evidence
(Hellenthal030315a)
(Posted: March 3rd 2015)
Commonwealth vs. Lewis
3.2.2015
Marc F. Lovecchio
Criminal:
Motion to dismiss, corpus delicti; introduction of extra-judicial confession; evidence of injury or loss consistent with crime having been committed; closely related crime exception; suppression motion; knowing, intelligent or voluntary waiver of rights; conditions of detention free of coercion
(Lewis030215L)
(Posted: March 2nd 2015)
Commonwealth vs. Rodriguez
3.2.2015
Marc F. Lovecchio
Criminal:
Motion to dismiss; double jeopardy and Rule 110; prosecutions in 2 counties for episode involving theft of vehicle; ARD determination; double jeopardy protections in context of diversionary program; charges considered to be the “same offense”
(Rodriguez030215L)
(Posted: March 2nd 2015)
DLR Name Change
2.20.2015
Richard A. Gray
Family:
Petition of father to change child's surname; dispute about whether child will bear paternal or maternal surname; best interests of the child; parent's relationship with child; stigma associated with name; child at all times bearing the surname of at least one parent
(DLR022015g)
(Posted: February 24th 2015)
Commonwealth vs. Jackson
2.19.2015
Nancy L. Butts
Criminal:
Post conviction relief act petition; legality of sentence; failure to make direct appeal; timeliness of petition; jurisdiction of the court
(Jackson021915bt)
(Posted: February 24th 2015)
Commonwealth vs. Coleman
2.20.2015
Nancy L. Butts
Criminal:
Suppression motion; vehicle stop; probable cause; stop sign violation; warrantless search under the automobile exception to the warrant requirement; prima facie case of possession with intent to deliver marijuana
(Coleman022015bt)
(Posted: February 24th 2015)
XWK Adoption
2.23.2015
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 prior to the filing of the termination petition; incarcerated parent; use of available resources while in prison to maintain relationship with child; repeated incarceration as repeated and continued incapacity causing child to be without essential parental care; child receiving care from one parent; existing bond with parent; failure to meet statutory burden
(AdoptionofXWK022315m)
(Posted: February 23rd 2015)
Commonwealth vs. Faison
2.18.2015
Marc F. Lovecchio
Criminal:
Motion to dismiss; pre-arrest delay; actual prejudice; due diligence in efforts to locate defendant after filing complaint; trial delay resulting from defense counsel's continuance requests
(faison021815L)
(Posted: February 18th 2015)
Civil:
Preliminary objections; damages for breach of contract which are the natural and foreseeable result of defendant's conduct; claim for loss of profits; gist of the action doctrine; tort claims for failure to meet basic obligations under contract
(Field-TecServices021315g)
(Posted: February 13th 2015)
Commonwealth vs. Parmenter
2.11.2015
Joy Reynolds McCoy
Criminal:
Appeal; timeliness of post conviction relief act petition
(Parmenter021115m)
(Posted: February 12th 2015)
Criminal:
Motion to consolidate; defendants not involved in the charges against the other; prejudice
(Lambert021215L)
(Posted: February 12th 2015)
Criminal:
Omnibus pre-trial motion; sexual offender registration requirements; unconstitutional vagueness of statute; registration of vehicles; statutory construction; requirement for regular operation of vehicle; sufficiency of evidence to establish prima facie case; de minimis infraction; remoteness of 3 convictions giving rise to habitual offender status; multiplicitous offenses
(Jennings020915bt)
(Posted: February 12th 2015)
Commonwealth vs. Schon
2.10.2015
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause to stop vehicle; vehicle touching or crossing center and fog lines where no_x000d_
safety hazards were created; slow speed where vehicle was not driven with careless disregard for safety; reasonable suspicion that driver might have been impaired; combination of circumstances to show reasonable suspicion
(Schon021015L)
(Posted: February 10th 2015)
Civil:
Motions for post-trial relief; reformation of deeds based on claimed mutual mistake; unilateral mistake; reforming deeds on grounds of mistake by one party with knowledge of the other; clear intention of the parties; speculative nature of damage claims
(downs021015a)
(Posted: February 10th 2015)
Commonwealth vs. Hopson
2.4.2015
Nancy L. Butts
Criminal:
Post-sentence motion; sufficiency of evidence; marijuana found by intake officer at prison; previous police search failing to discover all drugs in possession of defendant; knowing possession by new prisoner
(Hopson020415bt)
(Posted: February 10th 2015)
Commonwealth vs. Knott
2.10.2015
Marc F. Lovecchio
Criminal:
Suppression motion; DUI; reasonable suspicion to stop vehicle; specific and articulable facts that led officer to believe that criminal activity is afoot; erratic driving
(Knott201015L)
(Posted: February 10th 2015)
Commonwealth vs. Sears
2.9.2015
Marc F. Lovecchio
Criminal:
Motion to suppress; inmate effort to secure incriminating information to try to use to obtain lesser sentence; agent of Commonwealth
(Sears020915L)
(Posted: February 9th 2015)
Civil:
Motions in limine; blood alcohol evidence; proof of intoxication; evidence from forensic pathologist; timeliness of report
(ritter020915a)
(Posted: February 9th 2015)
Civil:
Motion in limine; admissibility of photographs depicting standing water where weather conditions on the day of the slip and fall accident were different; applicability of provisions of International Property Maintenance Code relating to drainage; admissibility of expert testimony on general negligence standards found in the International Property Maintenance Code
(drum020615a)
(Posted: February 6th 2015)
Criminal:
Defendant's request for discovery; entitlement to the full transcripts, police reports and videotapes of the meetings with an informer; potential bias; hopes for leniency in sentencing
(Sears020415L)
(Posted: February 5th 2015)
ET vs. MT
2.3.2015
Joy Reynolds McCoy
Custody, Support, Divorce:
Petition to enforce prenuptial agreement; handwritten changes to typed agreement; references to attachments in typed agreement; clear and unambiguous; claims for attorney fees
(Thomas020315m)
(Posted: February 5th 2015)
Criminal:
Appeal; sufficiency of evidence to support non-jury guilty verdict for access device fraud
(Nottingham020515g)
(Posted: February 5th 2015)
Commonwealth vs. Wallace
1.28.2015
Nancy L. Butts
Criminal:
Appeal; discretion of the court in imposing sentence; consideration of sentencing factors
(Wallace012815bt)
(Posted: February 3rd 2015)
Commonwealth vs. Perry
1.27.2015
Nancy L. Butts
Criminal:
Motion to compel ARD; DUI with highest rate of alcohol; failure to appear at preliminary hearing after 3 continuances; discretion of district attorney; relationship to the likelihood of success in rehabilitation
(Perry012715bt)
(Posted: February 3rd 2015)
Civil:
Petition to settle wrongful death and claims action; sufficiency of the petition; obligation of the court to ensure that settlement is fair and equitable; reasonableness of attorney's fees; lack of indication of agreement of Pennsylvania Department of Revenue
(English013015L)
(Posted: January 30th 2015)
In the interest of TH
1.27.2015
Joy Reynolds McCoy
Criminal:
Motion to suppress; arrest of juvenile for failure to attend school; search of back pack without warrant
(Hamm012715m)
(Posted: January 29th 2015)
Criminal:
Suppression motion; probable cause for vehicle stop for missing mirror; authority to frisk suspect for weapons; “guns follow drugs” presumption; probable cause to arrest; consent of owner to search vehicle; impounded vehicle; freely and voluntarily given consent
(Powell012815L)
(Posted: January 28th 2015)