Commonwealth vs. Ingram
4.25.2013
Marc F. Lovecchio
Criminal:
Commonwealth's appeal of court's evidentiary rulings; injured infant; sole custody inference; admissibility of stipulations from dependency proceedings as admissions of facts; lack of clarity as to what was admitted; relevance of admissions; prejudice; chance of jury speculation; crimen falsi convictions; prior agreement not to use convictions in evidence; timeliness of request to use prior convictions in evidence
(Ingram042513L)
(Posted: April 26th 2013)
Ryder vs. Csik and Gaus
4.25.2013
Richard A. Gray
Civil:
Non-jury verdict, land title dispute; action to quiet title; adverse possession; actual,_x000d_
continuous, exclusive, visible, notorious, distinct and hostile possession
(ryder042513g)
(Posted: April 26th 2013)
Commonwealth vs. Wheelock
4.24.2013
Dudley N. Anderson
Criminal:
Appeal of denial of post conviction relief petition; waiver of issues; issues previously litigated; ineffective counsel; significance of failure to read prior testimony of witness who did not testify at trial
(wheelock042413a)
(Posted: April 24th 2013)
Civil:
Petition to strike judgment; question of whether gas lessees are real property owners for purposes of a foreclosure action; failure to commence production; notice of sheriff's sale; delaying sheriff's sale
(Deutsche041813g)
(Posted: April 23rd 2013)
Adoption:
Appeal
(AdoptionofZBEA042213m)
(Posted: April 23rd 2013)
KMW vs. DMB
4.23.2013
Dudley N. Anderson
Support:
Exceptions to child support order; allocating tax exemptions; tax calculations affecting child support obligations; income calculations
(kmw042313a)
(Posted: April 23rd 2013)
Civil:
Non-jury verdict; breach of contract claim; construction project dispute; building code compliance issues
(RichardBennardi042313g)
(Posted: April 23rd 2013)
Adoption:
Petition for involuntary termination of parental rights; dependent children; duty of parent while child is in foster care; failure to perform parental duties; failure to follow through with medical and mental treatment; failure to follow through with necessary services; parental incapacity; failure to secure necessary services for the children; failure to remedy conditions that led to the placement of the children; needs and welfare of the children; parental bond
(AdoptionofCLandCS032113m)
(Posted: April 19th 2013)
Commonwealth vs. Newton
4.16.2013
Nancy L. Butts
Criminal:
Post-conviction relief act petition; ineffective assistance of counsel; sufficiency of time spent with defendant before trial; failure to object to closing argument of prosecution; reference to drug transactions near schools and parks as inflammatory
(Newton041613bt)
(Posted: April 19th 2013)
Commonwealth vs. Craig
4.19.2013
Marc F. Lovecchio
Criminal:
Motion to dismiss; rule 600; due diligence; removal from the jurisdiction; lack of efforts to notify defendant of the charges and bring him back to jurisdiction
(CRAIG041913L)
(Posted: April 19th 2013)
In re: ETS, a minor child
4.18.2013
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; settled purpose to relinquish parental claim; failure to perform parental duties; bond between the child and_x000d_
parent; lack of parental contact with or interest in the child
(AdoptionofETS041813m)
(Posted: April 19th 2013)
Commonwealth vs. Greene
4.18.2013
Marc F. Lovecchio
Criminal:
Petition for writ of habeas corpus; conspiracy to tamper with physical evidence; drugs thrown from fleeing vehicle; prima facie case
(Greene041813L)
(Posted: April 18th 2013)
Administrative Appeal:
Appeal; license suspension and disqualification of commercial driving privileges; suspicion of DUI; refusal to submit to blood testing; attempted breath tests; knowing or conscious refusal
(Grassmeyer41813m)
(Posted: April 18th 2013)
Criminal:
Motion to suppress evidence; vehicle stop; DUI arrest; requirement of police verification of information from eye witness; trustworthiness of information from identified witnesses
(Steinbacher041813bt)
(Posted: April 18th 2013)
Commonwealth vs. Kress
4.16.2013
Nancy L. Butts
Criminal:
Post-conviction relief act petition; waiver of defenses and suppression issues by guilty plea; knowingly, voluntarily, and intelligently pleading guilty; ineffective assistance of counsel; claimed coerced plea; record facts to support plea
(Kress041613bt)
(Posted: April 16th 2013)
Nagle vs. The Williamsport Hospital, the Williamsport Hospital and Medical Center, Susquehanna Regional Healthcare Alliance, Susquehanna Health System, Martin, Young, O?Hara, Knight, Girio, Minium, Moyer, Tate, Saunders, Koser, and Shipe
4.9.2013
Dudley N. Anderson
Civil:
Motion for partial summary judgment; corporate negligence claim; causation; sufficiency of expert report of nurse; constructive notice; absence of supervision
(naglerose040913a)
(Posted: April 10th 2013)
Commonwealth vs. Popowich
4.10.2013
Marc F. Lovecchio
Criminal:
Post-sentence motion; sentencing issue; repeat DUI case; authority to vacate illegal sentencing order at request of the Commonwealth, nunc pro tunc; authority of court to sentence to house arrest; wheelchair bound defendant with significant physical limitations
(popowich041013L)
(Posted: April 10th 2013)
Civil:
Non-jury verdict; duty; negligence
(wells040813a)
(Posted: April 9th 2013)
Nagle vs. The Williamsport Hospital, the Williamsport Hospital and Medical Center, Susquehanna Regional Healthcare Alliance, Susquehanna Health System, Martin, Young, O?Hara, Knight, Girio, Minium, Moyer, Tate, Saunders, Koser, and Shipe
4.9.2013
Dudley N. Anderson
Civil:
Motion for partial summary judgment; expert opinion supporting malpractice claims; increased risk of harm; claim that theory is implicitly supported by expert's opinion
(nagle040913a)
(Posted: April 9th 2013)
Civil:
Petitions to intervene; interests affected by rescission of a confirmatory deed; motion to open default judgment; timeliness; excusable failure to act; meritorious objections
(Southwestern040913a)
(Posted: April 9th 2013)
Commonwealth vs. Snook
3.18.2013
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; timeliness; finality of case on remand from direct appeal for resentencing; applicability of Miranda rights; fact hearing to address multiple issues of claimed attorney ineffectiveness, including use of roadway by the public such that it is a trafficway and claimed failure to provide evidence that defendant drank after driving
(Snook031813L)
(Posted: April 8th 2013)
Commonwealth vs. Illes
4.8.2013
Marc F. Lovecchio
Criminal:
Appeal; second or subsequent post conviction request for relief; claimed miscarriage of justice; claim of innocence; allegation of trial counsel ineffectiveness where underlying claims had no arguable merit; prejudice; some, and not all, issues forfeited by counsel's acts or omissions; coordinate jurisdiction rule
(Illes040813L)
(Posted: April 8th 2013)
Civil:
Plaintiff's preliminary objections to answer and new matter; ambiguous denials of allegations alleging involvement of defendant doctors in decedent's care; specificity of new matter; relationship of new matter to pleaded claims
(winner040813a)
(Posted: April 8th 2013)
Civil:
Motions for summary judgment; breach of lease claims; contract interpretation; intention of the parties; meaning of the term revision; unjust enrichment claim; unauthorized practice of law; landman's duties; unclean hands doctrine; equity
(Capouillez040513g)
(Posted: April 5th 2013)
Civil:
Preliminary objections; right of first refusal; claimed legal insufficiency of the complaint; interpretation of contract and deed language; Rule Against Perpetuities; recording deed as essential to conveyance of title; specificity of the complaint
(pennlyco040413a)
(Posted: April 4th 2013)
Commonwealth vs. Barker
4.3.2013
Nancy L. Butts
Criminal:
Post-conviction relief act petition; guilty plea as waiver of all defects and defenses; knowing, intelligent, voluntary, and understanding guilty plea; adequate information concerning the definition of malice; ineffective counsel for failing to argue mitigating factors in sentencing; relief for failure to comply with time requirements of rule 600; legality of sentence for 3rd degree murder
(Barker040313bt)
(Posted: April 3rd 2013)
Civil:
Motions for summary judgment; issue relating to ownership of oil and natural gas rights; quiet title action; interpretation of deed reservation; reservation of mineral rights without reference to oil or gas; rebuttable presumption; burden of proof; ownership of coalbed gas
(Elbow032513g)
(Posted: April 2nd 2013)
CK vs. ASB
4.1.2013
Joy Reynolds McCoy
Support:
Complaint to establish paternity and for genetic testing; paternity by estoppel; petitioner holding himself out as parent; mother's fraud regarding paternity; father's unawareness of mother's relationship with another man
(Kepner040113m)
(Posted: April 2nd 2013)
Commonwealth vs. Riera
4.2.2013
Nancy L. Butts
Criminal:
Post sentence motion; third degree murder conviction; weight and sufficiency of the evidence; malice; evidence of shooting without warning; unreasonable fear for life and safety; applicability of Castle Doctrine; waiver of issues by failure to raise during trial; admissibility of shooting scene video; inflammatory nature of video; relevancy of contents of video; relevancy of evidence that victim carried a knife in the past; jury charge; evidence of involuntary manslaughter; inconsistent verdicts; excessive sentence
(Riera040213bt)
(Posted: April 2nd 2013)
Commonwealth vs. Ricks
4.2.2013
Nancy L. Butts
Criminal:
Appeal; post conviction relief act petition
(Ricks040213bt)
(Posted: April 2nd 2013)
Commonwealth vs. Mosley
4.2.2013
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; waiver of issues that could have been raised in previous petitions
(Mosley040213bt)
(Posted: April 2nd 2013)
Commonwealth vs. Dickerson
4.2.2013
Marc F. Lovecchio
Criminal:
Motion to dismiss weapon possession charges; New York convictions that disqualify person from possessing a weapon in Pennsylvania; statutory construction
(Dickerson040213L)
(Posted: April 2nd 2013)
Commonwealth vs. Kendziorek
3.28.2013
Marc F. Lovecchio
Criminal:
Suppression motion; traffic stop; probable cause to stop vehicle; reasonable suspicion to believe Defendant was driving under the influence of alcohol due to erratic driving
(Kendziorek032813L)
(Posted: March 28th 2013)
Civil:
Summary judgment motion of STEP; negligence claim based upon STEP assisting in obtaining babysitting services subsidy for mother; duty to child; babysitter recommended by plaintiff mother
(tg032713g)
(Posted: March 27th 2013)
Commonwealth vs. Lyons
3.26.2013
Richard A. Gray
Criminal:
Petition for permission to file petition nunc pro tunc to extinguish firearm disability at the time he was arrested for firearm possession; properly imposed firearm possession restrictions; ability of a state court to remove federal restrictions
(Lyons032613g)
(Posted: March 27th 2013)
Commonwealth vs. Bodle
3.27.2013
Richard A. Gray
Criminal:
Appeal; failure to file rule 1925 statement
(Bodel032713g)
(Posted: March 27th 2013)
Commonwealth vs. Howlett
3.25.2013
Marc F. Lovecchio
Criminal:
Appeal; sentencing discretion; sentence length determining where sentence is to be served; revocation of intermediate punishment sentences due to continued drug use and commission of a new offense
(Howlett032513L)
(Posted: March 26th 2013)
Commonwealth vs. Coleman
3.25.2013
Marc F. Lovecchio
Criminal:
Motion to suppress, vehicle stop; probable cause; use of V-Spec device to measure speed; observation traffic offense; jurisdiction of police officer; officer acting under a court order on roving DUI patrol; petition for writ of habeas corpus; sufficiency of evidence that defendant carried drugs into prison where he did not disclose drugs on his person before being taken involuntarily to prison; sufficiency of evidence of resisting arrest where defendant broke free from officers and charged an officer knocking him to his knee; grading of escape charge
(Coleman032513L)
(Posted: March 26th 2013)
LF vs. DF
3.20.2013
Joy Reynolds McCoy
Support:
Exceptions to child support order; equalization of incomes; allocation of unreimbursed medical expenses and other expenses proportionate to the parties' incomes'; determination of income amounts; conflicting testimony; deviation from support guidelines due to residence with parents
(lf032013m)
(Posted: March 22nd 2013)
Commonwealth vs. Ward
3.13.2013
Marc F. Lovecchio
Criminal:
Petition for writ of habeas corpus; aggravated assault of police officer while resisting arrest; Commonwealth's motion to amend information; lesser included offense; prejudice
(Ward031313L)
(Posted: March 21st 2013)
Commonwealth vs. Snyder
3.14.2013
Nancy L. Butts
Criminal:
Post conviction collateral relief petition; timeliness; ineffective counsel; Commonwealth's withdrawal of a plea agreement
(Snyder031413bt)
(Posted: March 21st 2013)
Commonwealth vs. Wills
3.21.2013
Marc F. Lovecchio
Criminal:
Commonwealth motion to consolidate; two cases involving separate sales of heroin on different dates to different informants; common plan to deal drugs; risk of confusing the jury; prejudice; defendant's motion in limine to keep out evidence of bad acts; discovery of unsuccessful prosecutions involving the same confidential informant; fishing expedition
(wills032113L)
(Posted: March 21st 2013)
Commonwealth vs. Scouten
3.21.2013
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle stop; probable cause; observed non-functioning brake light
(Scouten032113L)
(Posted: March 21st 2013)
DM vs. EM
3.12.2013
Richard A. Gray
Divorce:
Petition to strike antenuptial agreement; full and fair disclosure of assets; presumption of disclosure; burden of proving fraud or misrepresentation by clear and convincing evidence; lack of any value of husbands land set forth in the agreement; consideration
(DM031313g)
(Posted: March 18th 2013)
Randis vs. Pittinger
3.14.2013
Richard A. Gray
Civil:
Motion for reconsideration and motion for leave to amend pleadings; fact issue regarding statute of frauds
(Randis031413g)
(Posted: March 18th 2013)
Commonwealth vs. Fields
3.14.2013
Richard A. Gray
Criminal:
Petition for post-conviction relief; ineffective counsel for failure to file timely appeal; timeliness of petition; timeliness of exception element to the timeliness requirement; waiver due to failure to raise in previous petition
(fields031413g)
(Posted: March 18th 2013)
Civil:
Cross-motions for summary judgment; factual issues; constitutionality of drug testing school policy; issue for trial is sufficient proof of a school drug problem, individualized proof that the targeted students are part of problem, and reasonable proof that policy addresses problem; mootness due to current lack of standing; issue capable of repetition
(Fagnano031513g)
(Posted: March 18th 2013)
Commonwealth vs. Darnell
3.14.2013
Nancy L. Butts
Criminal:
Post conviction collateral relief petition; timeliness; exceptions to time requirements; discovery of preexisting case law
(Darnell031413bt)
(Posted: March 14th 2013)
Commonwealth vs. Mincy
3.14.2013
Nancy L. Butts
Criminal:
Appeal of denial of post conviction relief act petition
(Mincy031413bt)
(Posted: March 14th 2013)
Commonwealth vs. Horn
3.13.2013
Joy Reynolds McCoy
Criminal:
Appeal of post conviction relief act petition denial; ineffective counsel claim; voluntariness of guilty plea; request for appointment of second counsel on PCRA petition; timeliness of claim; waiver
(Horn031313m)
(Posted: March 14th 2013)
Commonwealth vs. Kendall
3.14.2013
Marc F. Lovecchio
Criminal:
Suppression motion; DUI arrest; need for probable cause prior to parking near defendant's vehicle; mere encounter
(Kendall031413L)
(Posted: March 14th 2013)
Commonwealth vs. Artis
3.11.2013
Marc F. Lovecchio
Criminal:
Motion to quash subpoena; arresting officer disciplinary records; records unrelated to handling of defendant's criminal case; information concerning witnesses who have knowledge about the officer's reputation for truthfulness; use of evidence of specific instances of conduct
(Artis031113L)
(Posted: March 11th 2013)
In re: Smith Trust
3.11.2013
Marc F. Lovecchio
Wills and Estates:
Petition to invade principal of trust; reasonableness of withholding principal payments for support of beneficiary; existence of an independent estate; insufficient record concerning beneficiary's income; question of whether vehicle is an item of support or maintenance
(Smith031113L)
(Posted: March 11th 2013)
In re: Adoption of ZA
3.7.2013
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; failure to perform parental duties for at least six months; roadblocks to visitation placed by parent seeking termination; burden to prove settled purpose to relinquish parental claim; best interests of the child
(AdoptionoZA030713m)
(Posted: March 11th 2013)
Commonwealth vs. Best
3.8.2013
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; governmental interference exception; waiver for failure to raise in previous PCRA petition
(Best030813bt)
(Posted: March 9th 2013)
Commonwealth vs. Smith
2.21.2013
Marc F. Lovecchio
Criminal:
Motion for nominal bail; conditions imposed in bail order; nominal bail is not the same as unconditional bail; danger to community of release of defendant; judicial notice of prior criminal record and history of appearances for court; content and tone of direct communications to the court
(smith022113L)
(Posted: March 7th 2013)
Commonwealth vs. Smith
3.5.2013
Marc F. Lovecchio
Criminal:
Appeal; authority to revoke probation while serving parole sentence; requirement for a defendant to sign conditions of probation; court's justification in revoking probation; sentencing discretion; commission of new crimes
(Smith030513L)
(Posted: March 6th 2013)
Commonwealth vs. Kaufman
3.6.2013
Nancy L. Butts
Criminal:
Commonwealth's motion for continuance of suppression hearing, after hearing was to have begun; timeliness; discretion of court; due diligence
(Kaufman030613bt)
(Posted: March 6th 2013)
Commonwealth vs. Harris
3.4.2013
Richard A. Gray
Criminal:
Appeal; harsh and excessive sentence due to familial situation at time of escape; standard range; discretion of the court
(harris030413g)
(Posted: March 4th 2013)
Civil:
Petition to strike and/or open default judgment; mineral rights; service of quiet title complaint by publication; adequacy of the application for order allowing service by publication; need for a factual hearing on the actual efforts to effectuate service prior to applying for special order for service; applicability of laches defense to judgment entered without jurisdiction; equitable considerations; effect on bona fide purchasers
(northernforest020813a)
(Posted: March 2nd 2013)
Commonwealth vs. Williams
2.28.2013
Marc F. Lovecchio
Criminal:
Petition for writ of habeas corpus and for reduction of bail; sufficiency of the evidence of robbery and theft; accomplice or co-conspirator liability; criteria for bail reduction
(Williams022813L)
(Posted: February 28th 2013)
Commonwealth vs. Hines
2.12.2013
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffectiveness of counsel; inadequate explanation of procedure to coerce a non-jury case stated trial; reasonable basis for case stated trial; indication that result would have been different with a non-case stated trial
(Hines021213bt)
(Posted: February 26th 2013)
Commonwealth vs. Wyland
2.26.2013
Nancy L. Butts
Criminal:
Appeal; issues not raised in post conviction relief act petition; calculation of prior record score; reference to past acquittal during sentencing; use of misdemeanors in calculating prior record score; compliance with plea agreement
(Wyland022613bt)
(Posted: February 26th 2013)
Commonwealth vs. Jackson
2.26.2013
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; exceptions to time requirements
(Jackson022613bt)
(Posted: February 26th 2013)
Commonwealth vs. Burks
2.26.2013
Nancy L. Butts
Criminal:
Post conviction relief act petition; denial of right to view evidence against defendant; guilty plea as waiver of defenses and defects; knowing, intelligent and voluntary guilty plea; guilty plea induced by ineffective counsel
(Burks022613bt)
(Posted: February 26th 2013)
Commonwealth vs. Showers
2.25.2013
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; reinstatement of appeal rights nunc pro tunc; presumption of prejudice where appeal issues waived by failure to file adequate brief
(Showers022513L)
(Posted: February 25th 2013)
Commonwealth vs. Belloma
2.25.2013
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; legality of imposing fines and costs without ability to pay hearing; ineffective counsel; modification of sentence nunc pro tunc; fines and costs required by law; evidentiary hearing
(Belloma022513L)
(Posted: February 25th 2013)
Commonwealth vs. Coleman
1.7.2013
Marc F. Lovecchio
Criminal:
Appeal; timeliness of decision on post sentence motion
(coleman010713L)
(Posted: February 20th 2013)
Commonwealth vs. Powell
2.1.2013
Richard A. Gray
Criminal:
Appeal on double jeopardy grounds; interlocutory appeal allowed unless frivolous
(powell020113g)
(Posted: February 20th 2013)
Commonwealth vs. Patton
2.1.2013
Richard A. Gray
Criminal:
Appeal on double jeopardy grounds; interlocutory appeal allowed unless frivolous.
(patton020112g)
(Posted: February 20th 2013)
Civil:
Preliminary objections; transfer of mineral rights subject of right of first refusal; sufficiency of pleading of purchase price; enforceability of right on successors and assigns; lack of public record of power of attorney; factual sufficiency of claim of right to first refusal
(pennlyco021513a)
(Posted: February 20th 2013)
In re: CJG
1.7.2013
Joy Reynolds McCoy
Adoption:
Appeal; termination of parental rights; settled purpose of relinquishing a parental claim; long term lack of contact with child
(AdoptionofCJG010213m)
(Posted: February 15th 2013)
Commonwealth vs. Graham
2.12.2013
Marc F. Lovecchio
Criminal:
Motion to suppress; canine sniff of vehicle; reasonable suspicion; odor of marijuana
(Graham021213L)
(Posted: February 13th 2013)
Commonwealth vs. Green
2.12.2013
Marc F. Lovecchio
Criminal:
Motion to suppress; vehicle stop; legality of detention of passenger; police directing passenger to remain in vehicle; claimed constitutional rights violation flowing from questioning of driver of vehicle that resulting in arrest of passenger; privacy interest
(green021213L)
(Posted: February 13th 2013)
Commonwealth vs. Dacenzo
2.12.2013
Nancy L. Butts
Criminal:
Post conviction relief act petition denial appeal
(Dacenzo021213bt)
(Posted: February 13th 2013)
Commonwealth vs. Sabur
2.11.2013
Marc F. Lovecchio
Criminal:
Post sentence motion; non-jury verdict; weight of the evidence; credibility of the Commonwealth's witnesses; admissibility of prison call recordings; danger of undue prejudice
(Sabur021113L)
(Posted: February 12th 2013)
Commonwealth vs. Willits
2.11.2013
Marc F. Lovecchio
Criminal:
Habeas corpus; prima facie case of burglary, aggravated assault, criminal attempt to commit robbery, access device fraud, simple assault, theft, receiving stolen property and false reports.
(Willits021113L)
(Posted: February 12th 2013)
Commonwealth vs. Miller
2.11.2013
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel claim; inadequate advice regarding plea agreement; voluntariness of plea demonstrated during no-contest plea colloquy
(Miller021113bt)
(Posted: February 12th 2013)
Commonwealth vs. Aul
2.11.2013
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel claim; right to an expert at the sexual violent predator hearing; cognizable claim for post conviction relief; unlawfully induced guilty plea; knowing, voluntarily, and intelligent plea; written guilty plea colloquy and verbal colloquy at guilty plea hearing
(Aul021113bt)
(Posted: February 12th 2013)
Civil:
Motions for summary judgment; slip and fall case; hills and ridges doctrine; general slippery conditions prevalent in the community
(dawson021213a)
(Posted: February 12th 2013)
Commonwealth vs. Trapp
2.6.2013
Marc F. Lovecchio
Criminal:
Appeal; post trial motions; jury deadlock causing mistrial; severed weapons charge decided by court; double jeopardy issues on retrial; collateral estoppel; finding against defendant on element of crime
(Trapp020613L)
(Posted: February 7th 2013)
In re: Adoption of A and E
2.4.2013
Joy Reynolds McCoy
Adoption:
Petition to terminate parental rights; settled purpose of relinquishing parental claim; no contact with children for 4-5 years; lack of defense to the petition; lack of parental bond
(AdoptionofAandEH020413m)
(Posted: February 7th 2013)
Commonwealth vs. Johnson
1.29.2013
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case of rape; issue of consent to sexual intercourse; intoxication of victim; "unconscious"
(Johnson012913bt)
(Posted: January 29th 2013)
Civil:
Motions for summary judgment; subsurface rights; Dunham Rule; question of whether conveyance of mineral rights includes rights to gas and oil; reference to original reservation which refers to gas and oil
(troutrun012513a)
(Posted: January 28th 2013)
Commonwealth vs. Hopkins
1.28.2013
Nancy L. Butts
Criminal:
Petition for writ of habeas corpus; prima facie case; no transcript of the preliminary hearing; general attack on all charges with boilerplate allegations of insufficiency of the evidence; compliance with rules of criminal procedure.
(Hopkins012813bt)
(Posted: January 28th 2013)
Jacobs vs. Bilbay
1.25.2013
Richard A. Gray
Civil:
Motion in limine; claim of driver's intoxication at time of accident; sufficiency of evidence to support punitive damage claim; evidence of use of alcohol and flight from scene; prejudicial effect
(Jacobs012513g)
(Posted: January 25th 2013)
Commonwealth vs. Kester
1.22.2013
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; DUI case; sentence in aggravated sentencing guideline ranges; ineffective counsel; claimed disrespect of the judge; consideration of Defendant's character and criminal history to fashion an appropriate sentence; claimed plea arrangement where such was denied at plea hearing
(Kester012213L)
(Posted: January 22nd 2013)
AK vs. SK
1.17.2013
Joy Reynolds McCoy
Custody:
Appeal; best interests of the child; consideration of custody factors; discretion of the court; applicability of relocation analysis; totality of the circumstances
(ak011713m)
(Posted: January 22nd 2013)
SE vs. JE
1.22.2013
Dudley N. Anderson
Divorce:
Exceptions to failure to award alimony pendente lite; refusal of requesting party to file divorce affidavit of consent; dilatory tactics
(se012213a)
(Posted: January 22nd 2013)
Commonwealth vs. Jennings
1.20.2013
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel; failure to obtain test of rape victim's blood sample to look for drug use; sufficiency of allegations in the petition to determine prejudice; failure to call witnesses; proof that outcome of case would have been different; failure to claim prosecutorial misconduct; destruction of victim's blood sample not in bad faith
(Jennings122013bt)
(Posted: January 20th 2013)
Commonwealth vs. Urich
1.17.2013
Nancy L. Butts
Criminal:
Appeal; probation violations involving use of drugs; excessive sentence claim; sentence of confinement when it becomes apparent that probation is not serving its desired rehabilitation effect
(Ulrich011712bt)
(Posted: January 18th 2013)
Commonwealth vs. Barrett
1.17.2013
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; lack of specific allegations involving claim that police officer fabricated evidence
(Barrett01171bt)
(Posted: January 18th 2013)