Commonwealth vs. Coleman
3.17.2011
Marc F. Lovecchio
Criminal:
Motion to suppress; probable cause to stop vehicle; reasonable suspicion based on information supplied by identified citizens who witnessed a drug transaction; suggestiveness of identification of defendant.
(Coleman031711L)
(Posted: March 18th 2011)
Criminal:
Petition for habeas corpus; sufficiency of evidence of possession of drugs where marijuana was found in glove compartment of non-owned vehicle and officer smelled odor of marijuana emanating from car; suppression of evidence; impoundment and inventory of vehicle seized without a warrant based on odor.
(Matty031411bt)
(Posted: March 16th 2011)
Criminal:
Post conviction relief act petition; claim of ineffective counsel for recommending a guilty plea; written and oral guilty plea colloquy establishing knowing, voluntary and intelligent plea; conflict counsel withdrawal.
(Dunkleberger030911g)
(Posted: March 9th 2011)
Commonwealth vs. Hartsock
3.2.2011
Joy Reynolds McCoy
Criminal:
Commonwealth's motion for reconsideration; discovery order compelling Commonwealth to provide documentation that includes child pornography; distribution allowed for judicial purpose; protective order to prevent copying and distribution.
(Hartsock030111m)
(Posted: March 4th 2011)
Commonwealth vs. Miller
3.4.2011
Nancy L. Butts
Criminal:
Petition for writ of habeas corpus; process used to trace child pornography to defendant's computer; defendant's ownership and use of computer with illicit images; sufficiency of the evidence
(Miller030411bt)
(Posted: March 4th 2011)
Commonwealth vs. Best
3.4.2011
Nancy L. Butts
Criminal:
Counsel's motion to withdraw due to lack of meritorious issues in post conviction relief act petition; effectiveness of trial counsel; waiver of defects by guilty plea; lack of discovery; voluntariness of guilty plea; failure to object to sentence in aggravated range; failure to object to restitution amount
(Best030411bt)
(Posted: March 4th 2011)
Commonwealth vs. Hoyt
3.3.2011
Nancy L. Butts
Criminal:
Post conviction relief act petition; theft offenses; depositing invalid checks in new bank account; ineffective counsel claim; failure to make legal argument that has no merit
(Hoyt030311bt)
(Posted: March 4th 2011)
Commonwealth vs. Brown
12.21.2010
Marc F. Lovecchio
Criminal:
Motion to reconsider denial of motion to admit evidence of bad acts; factual claims not supported by the record
(Brown122110L1)
(Posted: March 1st 2011)
Commonwealth vs. White
2.24.2011
Marc F. Lovecchio
Criminal:
Motion in limine; drug case; prior bad acts evidence; timely notice of intention to introduce; sufficiency of oral notice 3 days before jury selection; prejudice; common plan or design; lack of similarity in the crimes
(WHITE022411L)
(Posted: March 1st 2011)
Commonwealth vs. Butler
2.24.2011
Marc F. Lovecchio
Criminal:
Motion to reconsider denial of motion to suppress and denial of habeas corpus; video tape contradicting testimony of trooper; knowledge of driver's criminal history in drug trafficking and gang activity as leading to conclusion that guns were present; totality of the circumstances.
(Butler02242011L)
(Posted: March 1st 2011)
Civil:
Defamation complaint; appraisal report used by Commonwealth to prosecute administrative licensing proceedings; immunity of expert witness in judicial proceeding; improper motives; Restatement of Torts, 2d § 588.
(Reese022811g)
(Posted: February 28th 2011)
Commonwealth vs. Jackson
2.25.2011
Richard A. Gray
Criminal:
Pro se post trial motion where criminal defendant is represented by counsel; duty of court to review timely pro se motion where counsel's motion is not timely.
(Jackson022511g)
(Posted: February 28th 2011)
Commonwealth vs. Justice
2.14.2011
Nancy L. Butts
Criminal:
Motion to suppress; drug case; attempts to engage defendant in conversation and following defendant in public; attempt to abandon drugs precipitated by police interaction; probable cause for warrant to do drug swipe test; habeas corpus petition; sufficiency of evidence or resisting arrest or disorderly conduct.
(Justice021411bt)
(Posted: February 19th 2011)
Commonwealth vs. Hoffman
1.31.2011
Marc F. Lovecchio
Criminal:
Motion to suppress; stop and search of a bicycle rider for lighting violation; no Miranda warnings; permissible scope of policy inquiry for a summary offense; custodial interrogation.
(Hoffman013111L)
(Posted: February 14th 2011)
Commonwealth vs. Graham
2.4.2011
Marc F. Lovecchio
Criminal:
Motion of defendant for funds for appointment of expert to evaluate fingerprint evidence; Frye hearing request on whether latent fingerprint identification evidence is generally accepted; applicability of Frye analysis to commonplace evidence; issue going to weight of evidence; importance of allowing a criminal defendant the tools to properly defend himself.
(graham020411L)
(Posted: February 14th 2011)
Commonwealth vs. Mills
2.4.2011
Marc F. Lovecchio
Criminal:
Post sentence motion; excessive sentence claim; drug case; sentencing at the bottom of the standard guideline range; RRRI Program eligibility; disqualification of defendant with history of violence while incarcerated; statutory construction.
(mills020411L)
(Posted: February 14th 2011)
Commonwealth vs. Cooper
2.8.2011
Marc F. Lovecchio
Criminal:
Motion to withdraw guilty plea; assertion of innocence; discretion of court to deny guilty plea withdrawal; credibility of innocence claim; Commonwealth prejudice; out of state witness.
(cooper020811L)
(Posted: February 14th 2011)
MR vs CE, EE & KE
2.10.2011
Joy Reynolds McCoy
Custody:
Motion to change venue of custody action to place of mother's residence; uniform child custody act; incarcerated father; history of Lycoming County custody trial; convenience of the forum.
(MR021011m)
(Posted: February 11th 2011)
Administrative Appeal:
Appeal from zoning decision; special exception application; proof of non-conforming use; failure to submit transcript of hearing; variance; suggestion that use of a garage as occupied unit will deter crime; evidence of hardship
(Lyon021011g)
(Posted: February 10th 2011)
Commonwealth vs. Camp
2.9.2011
Dudley N. Anderson
Criminal:
Appeal; evidence preclusion as sanction for failure of Commonwealth to comply with discovery order
(camp020911a)
(Posted: February 9th 2011)
Commonwealth vs. Rogers
2.7.2011
Nancy L. Butts
Criminal:
Appeal; post conviction relief act petition; court's response to jury question; duty of the court to give instructions to clarify the jury's doubt or confusion
(Rogers020711bt)
(Posted: February 8th 2011)
Civil:
Praecipe seeking issuance of a writ of revival of a municipal lien related to lawn maintenance; property sold at foreclosure sale; objection filed by foreclosure sale purchaser; failure of Township to provide sheriff with lien information after having been given notice; proceeds distributed without objection
(Old Lycoming020811g)
(Posted: February 8th 2011)
Morrone vs. Morrone
2.1.2011
Richard A. Gray
Civil:
Non-jury trial; claim for equitable accounting of partnership assets; equitable defenses including unclean hands, latches and breach of partnership agreement; attempted use of the statute of limitations to reset partnership account figures
(Morrone020111g)
(Posted: February 7th 2011)
RPA, Inc. vs. Rhoads
2.7.2011
Richard A. Gray
Civil:
Motion for preliminary injunction; trade secrets related to former employment; database which contains a listing of clients; availability of list from public sources; need to prove that right to relief is clear, that prevailing on the merits is likely and that injunctive relief is necessary to prevent immediate and irreparable harm; lack of proof that trade secret information was used to give an unfair competitive advantage.
(RPA020711g)
(Posted: February 7th 2011)
Commonwealth vs. Newton
2.3.2011
Nancy L. Butts
Criminal:
Appeal from denial of post sentence motion
(Newton020311bt)
(Posted: February 5th 2011)
Commonwealth vs. Coleman
1.3.2011
Marc F. Lovecchio
Criminal:
Commonwealth motion in limine seeking to introduce evidence of gang membership, statements made while incarcerated, evidence that defendant was involved with selling drugs, and admission of defendant that he uses marijuana; possible prejudice; use of evidence for limited purpose
(Coleman010311L)
(Posted: January 28th 2011)
Commonwealth vs. Johnson
1.4.2011
Marc F. Lovecchio
Criminal:
Motion for reconsideration of sentence; resentencing due to defendant absconding while on probation; separate federal court drug offenses; ineligibility for "safety valve" reduction in mandatory federal sentence due to state court sentence length; refusal to engage in result oriented justice; consideration of collateral consequences of sentence where sentence is proper
(johnson010411L)
(Posted: January 28th 2011)
Commonwealth vs. Brister
1.3.2011
Marc F. Lovecchio
Criminal:
Motion to terminate ARD due to arrest for drug offense; jurisdiction to reconsider a non-final order; termination of ARD before conviction of collateral crime; suspension of ARD participation pending resolution of appeal of decision in collateral drug case against defendant
(BRISTER010311L)
(Posted: January 28th 2011)
Commonwealth vs. Hickman
1.10.2011
Marc F. Lovecchio
Criminal:
Commonwealth appeal; waiver of issue for failure to raise in the hearing; scope of pat down
(Hickman011011L)
(Posted: January 28th 2011)
Commonwealth vs. Bryant
1.11.2011
Marc F. Lovecchio
Criminal:
Motion to dismiss; rule 600; excludable time; defendant's filing of a pre-trial motion
(Bryant011111L)
(Posted: January 28th 2011)
In the interest of S.M.
1.13.2011
Marc F. Lovecchio
Adoption:
Agency petition to involuntarily terminate parental rights; dependent child; incarcerated father who has attempted to maintain contact with the child; no settled purpose to relinquish parental claim; father's lack of employment skills; mother's failure to comply with agency goals for reunification and inability to provide for child's essential needs; mother's lack of job or permanent address; capability of meeting the essential needs of the child; termination best serving the child's needs and welfare
(SM011311L)
(Posted: January 28th 2011)
Commonwealth vs. Segraves
1.18.2011
Marc F. Lovecchio
Criminal:
Commonwealth motion to preclude evidence; cross-examination of victim on specific acts of theft, disorderly conduct and other bad acts; relevance to credibility; motive to fabricate
(segraves011811L)
(Posted: January 28th 2011)
Commonwealth vs. Hayduk
1.14.2011
Marc F. Lovecchio
Criminal:
Motion to admit certain statements; out-of-court statements made by 4 year old victim of sexual abuse; admissibility under 42 Pa.C.S. §5985.1.
(Hayduk011411L)
(Posted: January 28th 2011)
Commonwealth vs. Bodle
1.25.2011
Marc F. Lovecchio
Criminal:
Appeal of suppression and trial issues; failure to raise issues by motion or objection; waiver; sufficiency of evidence of possession of child pornography; admissions of the defendant; expert testimony of the age of children depicted in photographs; waiver of weight of the evidence issues; failure to object to prosecutor's reference in opening remarks to defendant as child predator; mistrial request due to presence of assistant district attorney on jury panel; corruption of minors conviction for swearing and off-color jokes; playing recorded statement as part of questioning of witness; constitutionality of sexually violent predator finding
(Bodle012111L)
(Posted: January 28th 2011)
Commonwealth vs. Weeks
1.26.2011
Marc F. Lovecchio
Criminal:
Motion to vacate order of contempt; Commonwealth's inadvertent motion for contempt for conduct that should have been prosecuted as a crime; double jeopardy considerations; role of court in correcting errors of counsel; discretion of the court to enter orders that are fair and just under all of the circumstances.
(Weeks012611L)
(Posted: January 28th 2011)
Commonwealth vs. Clark
1.27.2011
Nancy L. Butts
Criminal:
Appeal; Brady violation; factual insufficiency of the claimed violation
(Clark012711bt)
(Posted: January 28th 2011)
Civil:
Non-jury verdict; plaintiff struck on head with beer mug; minimal scar; $2500 awarded
(Shay012811g)
(Posted: January 28th 2011)
Commonwealth vs. McKenzie
1.28.2011
Nancy L. Butts
Criminal:
Appeal; post conviction relief act petition; jurisdiction; timeliness; deportation proceedings; detention by Homeland Security as related to sentence of the court
(McKenzie012811bt)
(Posted: January 28th 2011)
Civil:
Appeal; legal malpractice claim; statute of limitations; strict application; lack of factual basis for claim that defendant advised plaintiff on a stock sale agreement
(Doebler012711g)
(Posted: January 27th 2011)
Commonwealth vs.White
1.24.2011
Joy Reynolds McCoy
Criminal:
Omnibus pre-trial motion; timely filing; suppression issue; probable cause to stop vehicle; information that driver of vehicle had suspended drivers license and outstanding bench warrants
(White012411m)
(Posted: January 25th 2011)
Commonwealth vs. Hartsock
1.21.2011
Joy Reynolds McCoy
Criminal:
Motion in limine to preclude introduction of pornographic photos of children; stipulation for trial that photos are child pornography; probative_x000d_
value outweighed by the danger of unfair prejudice
(Hartsock012111m)
(Posted: January 24th 2011)
Commonwealth vs. Andrews
1.21.2011
Nancy L. Butts
Criminal:
Motion to suppress; stop and search of parolee by probation officer; reasonable suspicion to search if possession of contraband suspected; suspicious behavior by parolee
(Andrews012111bt)
(Posted: January 21st 2011)
KL vs. RL
1.20.2011
Dudley N. Anderson
Support:
Exceptions to support; contribution toward an extraordinary expense; payment to mother for child care; adjustment for mortgage payment; high arrearage payment constituting a hardship
(lacerra012011a)
(Posted: January 20th 2011)
Winner vs. Orwig
1.11.2011
Richard A. Gray
Civil:
Appeal of non-jury decision apportioning ownership of land; findings supported by the testimony
(Winner11111g)
(Posted: January 12th 2011)
Commonwealth vs. Newton
1.12.2011
Nancy L. Butts
Criminal:
Post sentence motion; sufficiency and weight of evidence; evidence of actual and constructive possession of heroin; taking substantial steps toward delivering a controlled substance; criminal use of cellular phone; applicability of mandatory school sentencing enhancement
(Newton011211bt)
(Posted: January 12th 2011)
Commonwealth vs. Mosley
1.3.2011
Nancy L. Butts
Criminal:
Post conviction hearing act petition; ineffective counsel; knowing, voluntary and intelligent guilty plea; written and on the record guilty plea colloquy; lack of specific allegations in petition; waiver of suppression issues by guilty plea
(Mosley010311b)
(Posted: January 8th 2011)
Commonwealth vs. Murray
12.30.2010
Marc F. Lovecchio
Criminal:
Motion to dismiss; determination of identity of perpetrator by DNA evidence; statutory extension of statute of limitations; legislative intent
(murray123010L)
(Posted: January 4th 2011)
Commonwealth vs. Butler
12.9.2010
Marc F. Lovecchio
Criminal:
Issues related to the testimony of a police officer as an expert
(Butler11120910L)
(Posted: January 3rd 2011)
Commonwealth vs. Brown
12.8.2010
Marc F. Lovecchio
Criminal:
Motion to admit bad acts; drug case; evidence of other crimes to explain a course of conduct; weighing probative value against prejudice
(brown120810L)
(Posted: January 3rd 2011)
In rem: 2001 Dodge Ram; 1998 Dodge Sedan; 1998 Dodge Stratus
12.14.2010
Nancy L. Butts, Dudley N. Anderson, Richard A. Gray, Marc F. Lovecchio, Joy Reynolds McCoy
Civil:
Petitions of repairmen to involuntarily transfer title of vehicles; unpaid repair bills; repairman's lien; due process; notice and a chance to be heard
(transfer121410e)
(Posted: January 3rd 2011)
Commonwealth vs. Temple
12.14.2010
Marc F. Lovecchio
Criminal:
Suppression motion; mere encounter becoming an investigatory stop; requesting person to exit a vehicle; reasonable suspicion to stop a vehicle; suspicious activity indicating criminal activity was afoot
(Temple121410L)
(Posted: January 3rd 2011)
Commonwealth vs. Hayduk
12.14.2010
Marc F. Lovecchio
Criminal:
Motion to admit certain statements; child victim of sex offenses; out of court statements; Tender Years Act; reliability of the statements
(Hayduk121410L)
(Posted: January 3rd 2011)
Commonwealth vs. Whitney
12.16.2010
Marc F. Lovecchio
Criminal:
Petition for habeas corpus; prima facia case; competency of child's testimony about a cigarette burn; evidence of criminal culpability
(whitney121610L)
(Posted: January 3rd 2011)
Commonwealth vs. Mills
12.20.2010
Marc F. Lovecchio
Criminal:
Post verdict motions; mistrial due to juror misconduct; juror comments to prosecuting officer; waiver of objections by failure to create a record; sufficiency of evidence of juror bias; sufficiency and weight of evidence
(Mills122010L)
(Posted: January 3rd 2011)
Commonwealth vs. Brown
12.21.2010
Marc F. Lovecchio
Criminal:
Motion for remand for preliminary hearing; preliminary hearing waived in reliance on plea agreement that was later revoked
(Brown122110L2)
(Posted: January 3rd 2011)
Criminal:
Habeas corpus petition; applicability of statutory presumption of child abuse; waiver of argument; sufficiency of evidence
(Ingram122310L)
(Posted: January 3rd 2011)
Commonwealth vs. Cable
12.7.2010
Marc F. Lovecchio
Criminal:
Omnibus pre-trial motion; DUI case; probable cause to arrest without field sobriety tests; totality of circumstances
(Cable120710L)
(Posted: January 3rd 2011)
Criminal:
Suppression motion; Miranda rights; student giving a statement in principal's office; freedom to leave; motion to consolidate - motion to sever; lack of prejudice
(Edwards123010L)
(Posted: January 3rd 2011)
Commonwealth vs. Newman
12.29.2010
Marc F. Lovecchio
Criminal:
Motion to enforce plea agreement; Rule 586 dismissal upon payment of restitution; plea agreement or dispositional agreement; notions of equity and fundamental fairness
(Newman122910L)
(Posted: January 3rd 2011)
Criminal:
Preliminary objections; specificity of complaint in identifying the health care professionals who treated plaintiff; direct claim against corporation; specificity of corporate liability averments; sufficiency of "bare-bones" averments of causation.
(james1222710L)
(Posted: December 27th 2010)
Commonwealth vs. Diemer
12.23.2010
Nancy L. Butts
Criminal:
Petition for habeas corpus; sufficiency of evidence; theft case; contractor obtaining money for work that is never performed
(Diemer122310bt)
(Posted: December 23rd 2010)
Commonwealth vs. Thomas
12.23.2010
Nancy L. Butts
Civil:
Post sentence motions for arrest of judgment or for new trial; drug delivery case; sufficiency of evidence; actual or constructive possession; evidence from which intent to deliver can be found; weight of the evidence
(Thomas122310bt)
(Posted: December 23rd 2010)
Commonwealth vs. Deas
12.23.2010
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel; failure to file timely suppression motion; search of person without warrant; inevitable discovery as search incident to arrest would have occurred
(Deas122310bt)
(Posted: December 23rd 2010)
DG vs. DG
12.22.2010
Dudley N. Anderson
Support:
Exceptions to support order; earning capacity; reasonable efforts to obtain suitable employment; inclusion of business expenses in calculation of earning capacity; credit for payment of marital expenses; calculating credit due in equitable distribution for mortgage payment
(dg122210a)
(Posted: December 22nd 2010)
GZ vs. DZ
12.14.2010
Joy Reynolds McCoy
Divorce:
Motion for reconsideration of bifurcated divorce decree; conditions in bifurcation order; interest in obtaining adequate health insurance; failure to file timely petition requesting special relief; refusal of court to consider ex-parte communications
(gz121410m)
(Posted: December 14th 2010)
SC vs. KC
12.14.2010
Joy Reynolds McCoy
Divorce:
Motion to interpret antenuptial agreement; pension distribution; distribution of accumulated sick time and leave upon retirement; claimed ambiguity; rules of interpretation; plain meaning of the clear and unambiguous contract
(sc121410m)
(Posted: December 14th 2010)
Civil:
Motion for summary judgment; fall case; duty of landowner; accident not related to condition of the land
(Free120910g)
(Posted: December 9th 2010)
Commonwealth vs. Grissom
12.6.2010
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel; advice regarding sentencing exposure, withdrawal of guilty plea and appeal; presence of defendant in open court while court discussed sentencing exposure
(Grissom120610bt)
(Posted: December 8th 2010)
Adoption:
Petitions for termination of parental rights; incarcerated parent; child conceived as a result of rape; primary consideration to the needs and welfare of the child
(mjk120710a)
(Posted: December 8th 2010)
Commonwealth vs. Downs
12.2.2010
Nancy L. Butts
Criminal:
Petition for writ of habeas corpus; attempted rape; merely throwing someone down; assault and false imprisonment claims
(Downs120210bt)
(Posted: December 3rd 2010)
Commonwealth vs. Bodle
12.3.2010
Richard A. Gray
Criminal:
Motion to admit bad acts relating to persuasion books and literature; remote nexus; motion to preclude evidence to be used to impugn character of 7 year old boy; admissibility of statements of defendant made to inmates about sexual characteristics of unrelated children; statements that reflect defendant's state of mind are admissible; probative value of evidence outweighing prejudicial effect
(Bodle120310g)
(Posted: December 3rd 2010)
Commonwealth vs. Zeigler
11.8.2010
Nancy L. Butts
Criminal:
Premature appeal; request for remand
(Zeigler110910bt)
(Posted: December 1st 2010)
Civil:
Non-jury trial; breach of contract and of the Unfair Trade Practices and Consumer Protection Law; installation of a geothermal heating and cooling system; warranty as to the comfort to be provided by heating system; speculative damages; award of attorney fees and penalty
(lowmiller112910a)
(Posted: December 1st 2010)
Commonwealth vs. Gibbons
11.29.2010
Nancy L. Butts
Criminal:
Appeal; probation violation and new criminal offense; excessive sentence claim; discretion of the court
(Gibbons112910bt)
(Posted: December 1st 2010)
Commonwealth vs. Duval
11.30.2010
Nancy L. Butts
Criminal:
Suppression motion; vehicle stop; dark tinted windows; reason to believe vehicle code violated; probable cause to arrest and search; information from confidential informant that person with distinctive tattoos like defendant's was involved in drug transaction
(Duval113010bt)
(Posted: December 1st 2010)
Commonwealth vs. Camp
12.1.2010
Dudley N. Anderson
Criminal:
Motion to dismiss case or to prohibit the introduction of evidence by the district attorney; failure to respond to bill of particulars in a timely manner; evasive or insufficient responses
(camp120110a)
(Posted: December 1st 2010)
Commonwealth vs. Fisher
12.1.2010
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel; failure to file suppression motion; voluntariness of confession; in camera review of taped confession
(Fisher112310bt)
(Posted: December 1st 2010)
Civil:
Motion for summary judgment; fall case; steps with uneven riser heights and no handrail; need to eliminate all other possible causes of injury; motion in limine regarding expert testimony; factual basis for expert opinion; engineer testifying about human factors
(Segraves112310g)
(Posted: November 23rd 2010)
Commonwealth vs. Coleman
11.23.2010
Marc F. Lovecchio
Criminal:
Timeliness of suppression motion; tardy discovery responses; interest of justice; arguable merit of the motion; lack of prejudice
(Coleman112310L)
(Posted: November 23rd 2010)
Commonwealth vs. Peck
11.22.2010
Marc F. Lovecchio
Criminal:
Non-jury trial; question of whether police chase occurred at high speed and endangered a law enforcement officer or member of public; evidence of possession of heroin with intent to deliver; consciousness of guilt by fleeing
(Peck112210L)
(Posted: November 22nd 2010)
Commonwealth vs. Butler
11.22.2010
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle stop; drug case; vehicle with illegal heavy tinting; extended period to stop; criminal history of driver in drug trafficking; high crime area; habeas corpus motion; prima facie evidence of constructive possession of heroin; circumstantial evidence; consciousness of guilt; need to test all drugs found to prove intent to deliver; discovery issues regarding sufficiency of expert opinion; discovery of discipline records of officer
(Butler112210L)
(Posted: November 22nd 2010)
Criminal:
Motion to consolidate; participation in same act or transaction constituting an offense; prejudice; timeliness of motion to suppress; motion delayed pending application to drug court; lack of legitimate reason to delay filing of suppression motion
(banks112210L)
(Posted: November 22nd 2010)
Civil:
Non-jury trial; interpretation of real property sales agreement; oil and gas rights; good faith effort to fulfill condition precedent
(charles111910a)
(Posted: November 19th 2010)
NAF vs. JF
11.19.2010
Marc F. Lovecchio
Divorce:
Motion for contempt; court ordered sale of timeshare interest through deed of foreclosure; failure to comply with order dictated in open court; burden in a civil contempt proceeding; attorney fees and costs as sanctions
(C-F111910L)
(Posted: November 19th 2010)
Commonwealth vs. Yost
11.17.2010
Dudley N. Anderson
Criminal:
Non-jury verdict; drug delivery case; defendant acting as agent of informant and does not profit; conspiracy where conduct does not constitute crimes specified
(yost111710a)
(Posted: November 17th 2010)
Commonwealth vs. Bennett
11.17.2010
William S. Kieser
Criminal:
Appeal; sentencing for sexual abuse of children; discretion of court; intent to incarcerate defendant for life
(Bennet111710k)
(Posted: November 17th 2010)
Commonwealth vs. Whitney
11.17.2010
Marc F. Lovecchio
Criminal:
Pretrial motion challenging competency of 7 year old child to testify; possibility of tainted memory; impact of learning disability
(whitney111710L)
(Posted: November 17th 2010)
Commonwealth vs. Fisher
11.15.2010
Nancy L. Butts
Criminal:
Post conviction relief act petition; voluntariness of plea agreement; awareness of sentencing options upon violation of probation; clear colloquy; extensive criminal history
(Fisher111510bt)
(Posted: November 15th 2010)
SHM vs. DMM
11.11.2010
Marc F. Lovecchio
Divorce:
Emergency petition regarding removal of a safe from the marital home; finding of contempt; payment of attorney fees and expenses
(SHM111110L)
(Posted: November 11th 2010)
Commonwealth vs. Beck
11.10.2010
Marc F. Lovecchio
Criminal:
Summary appeal; driving under suspension; motion to suppress; reasonable suspicion to stop a motor vehicle; illegal window tinting
(beck111010L)
(Posted: November 10th 2010)
Commonwealth vs. Brown
11.10.2010
Marc F. Lovecchio
Criminal:
Pretrial motions; amending the criminal information; defect in the date charged and in offense charged; lack of prejudice; motions in limine; admission of prior crime evidence and evidence of defendant's financial records; relevance outweighing prejudice
(Brown111010L)
(Posted: November 10th 2010)
HLS-C vs. RC
11.9.2010
Marc F. Lovecchio
Civil:
Protection from abuse petition; timeliness of hearing scheduling; credibility of crack smoking story; lack of evidence of abuse
(HLS-C110910L)
(Posted: November 9th 2010)
Civil:
Appeal; medical malpractice verdict; use of evidence previously ruled inadmissible where opposing party opened the door; harmless error; voir dire; race based strike of juror; race-neutral explanation
(neff110410a)
(Posted: November 5th 2010)
Commonwealth vs. Howard
11.3.2010
Nancy L. Butts
Criminal:
Motion to modify sentence; motion for judgment of acquittal or for new trial; drug case; sentencing guidelines; sufficiency and weight of the evidence; constructive possession; need for expert testimony to interpret GPS monitoring data; waiver of objections; ineffective counsel; adequacy of record on ineffective assistance claim
(Howard110310bt)
(Posted: November 5th 2010)