Lycoming County Court Opinions
The database contains over 6400 opinions issued by the Lycoming County Court of Common Pleas since 1999.
Browse all the opinions from the list below, with the most recently posted opinions at the top.
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Civil:
Habeas corpus petition; Commonwealth impeaching its own witness with prior inconsistent statement; witness subject to cross-examination at hearing; admissible hearsay evidence; credibility determination of district justice; duty of district justice to accept substantive evidence submitted by Commonwealth as true
(Brown111621t)
(Posted: November 29th 2021)
Criminal:
Habeas corpus petition; prima facie case for violations of firearms purchase laws
(Sullivan111521bt)
(Posted: November 21st 2021)
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(ES102221t)
(Posted: November 15th 2021)
Wills and Estates:
Petition to admit to probate a photocopy of will,; presumption that original will was revoked or destroyed by testator; two-witness rule; clear and convincing evidence
(capps111021Li)
(Posted: November 11th 2021)
Criminal:
Motion for protective order; relevance of data extracted from victim's cell phone; privacy violation; in camera review
(Medlar110221bt)
(Posted: November 9th 2021)
Criminal:
Post conviction relief act petition; ineffective counsel for advising to plead guilty when he was innocent; waiver of claims; challenges to discretionary aspects of sentencing; acceptance of responsibility that would justify a sentencing reduction; requirements to succeed on alleged ineffectiveness claim relating to failure to call a witness; claims implicating discretionary aspects of sentencing raised in context of ineffective assistance of counsel claim
(Willits102921L)
(Posted: November 7th 2021)
Criminal:
Appeal; rule 600 motion; timeliness of Franks suppression motion filed on eve of trial; burden on defendant to provide allegations of deliberate falsehood or reckless disregard for
truth in affidavit of probable cause; reasonable expectation of privacy in place searched
(Sanders102821L)
(Posted: October 28th 2021)
Criminal:
Post conviction relief act petition; viability of case-stated nonjury trial in criminal case
(Applegate102821L)
(Posted: October 28th 2021)
Criminal:
Post conviction relief act petition; ineffective counsel; failure of defense to file rule 404(b)(3) motion where only the Commonwealth is required to do so; failure to call witness were there is fair probability that testimony would not change outcome of proceedings; reasonable basis for not calling witness; claimed misadvise about plea offer; hindsight regret for decision not to accept plea deal
(Williams102721L)
(Posted: October 27th 2021)
Criminal:
Post conviction relief act petition; knowing, intelligent and voluntary guilty plea; claimed new evidence that was in existence prior to guilty plea
(Baney102721L)
(Posted: October 27th 2021)
Divorce:
Petition for special relief; interpretation of property settlement agreement; claimed mutual mistake; reformation of agreement
(Hartung102721t)
(Posted: October 27th 2021)
Criminal:
Suppression motion; reasonable suspicion to detain defendant; specific and articulable facts and rational inferences from those facts that warrant a belief that individual is involved in criminal activity; probable cause; habeas corpus petition; sufficiency of evidence of attempted escape and disorderly conduct; attempting to drive away from investigative stop
(Costello102621L)
(Posted: October 27th 2021)
Criminal:
Suppression motion; probable cause to make a constitutional
vehicle stop; observation of traffic violations; effectuating vehicle stop within reasonable time after viewing violation; probable cause for arrest where marijuana is observed in plain view
(Outland102221L)
(Posted: October 23rd 2021)
Criminal:
Reconsideration of denial of post-conviction act petition; failure of counsel to predict future developments or changes in law
(Kellam102221L)
(Posted: October 23rd 2021)
Divorce:
Petition for special relief; obligation of spouse living in property to pay mortgage and expenses; agreement for sale of property
(Twigg101521t)
(Posted: October 22nd 2021)
Civil:
Motion for contempt; proper party to suit; persons responsible to abide by order; garbage accumulation; sanction payable to Township
(Lewis101521t)
(Posted: October 22nd 2021)
Criminal:
Suppression motion; probable cause for search warrant to search home; lack of nexus between property searched and criminal activity
(Harris102121L)
(Posted: October 22nd 2021)
Criminal:
Habeas corpus petition; sufficiency of evidence of specific intent to perpetrate a serious bodily injury upon another; firing a gun into the ground to attempt to menace, frighten and/or scare another
(zimmerman102121L)
(Posted: October 22nd 2021)
Criminal:
Habeas corpus petition; prima facie case of theft of telecommunication service; entire case consisting of hearsay evidence; television service bill as business records exception; evidence of consent
(rogers101521L)
(Posted: October 16th 2021)
Wills and Estates:
Request for jury trial of issues raised in objections to estate accounting; substantial dispute of fact
(Logue101421m)
(Posted: October 14th 2021)
Family:
Appeal; contempt of protection from abuse order; credibility of witnesses
(moore101121L)
(Posted: October 14th 2021)
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(AdoptionofAMH101121m)
(Posted: October 11th 2021)
Civil:
Request for emergency relief to prevent property owner from interfering with road construction; size of right-of-way; necessity of removal of trees; claim of title by adverse possession against Commonwealth property
(Hedges100621t)
(Posted: October 9th 2021)
Criminal:
Post-conviction relief act petition; timeliness
(Mincy100521bt)
(Posted: October 9th 2021)
Criminal:
Nominal bail motion pursuant to rule 600; calculation of time of incarceration; suspension of rule 600 due to pandemic
(Cavanaugh100121bt)
(Posted: October 9th 2021)
Criminal:
Suppression motion; voluntariness of confession during police interview; venue change because of prejudicial pretrial publicity; passage of time after news articles
(Morehart100421bt)
(Posted: October 9th 2021)
Civil:
Motion to strike certificate of merit; pro se plaintiff; sufficiency of certificate of merit to establish vicarious liability; need for written statement of doctor to satisfy the certificate of merit requirement to also meet the standards for admissibility for expert testimony at trial
(DODSON100621Li)
(Posted: October 6th 2021)
Criminal:
Suppression motion; probable cause for search warrant to search home; consideration of 4 corners of affidavit of probable cause; examination of totality of facts and not review of each allegation separately
(Draft100521L)
(Posted: October 5th 2021)
Criminal:
Appeal
(Bean100521L)
(Posted: October 5th 2021)
Criminal:
Suppression motion; reasonable suspicion to stop vehicle drifting over the center line of a highway
(Gamon092921bt)
(Posted: October 5th 2021)
Criminal:
Motion to permit Xbox records to be admissible pursuant to evidence rule 803(6); pursuant to Rule 803(6); certification of custodian
(Thompson100121L)
(Posted: October 4th 2021)
Criminal:
Suppression motion; scope of search warrant of cell phone; standing to object to search of another's cell phone; reasonable or legitimate expectation of privacy where phone application created a memorialized record of communication that was beyond the control of sender
(Fulger100421L)
(Posted: October 4th 2021)
Criminal:
Appeal; sentencing discretion; sentence tailored to particular facts and circumstances of case; volume discount for crimes; consideration of nature and circumstances of the offenses, their impact on the victim and the need to protect the
community; weight of defendant's age, lack of prior convictions and prior law-abiding life in sentencing
(Sauter100421L)
(Posted: October 4th 2021)
Criminal:
Post conviction relief act petition; claim of ineffective counsel for failing to advise that defendant could not be convicted of sex crime based solely on testimony of victim; necessity for corroboration of testimony; knowing, intelligent and voluntary guilty plea
(Harris092321L)
(Posted: September 29th 2021)
Divorce:
Petition for enforcement of agreement/petition for contempt; definition of "profit"; intention of the parties when drafting property settlement agreement; ambiguity
(Hallabuk092321t)
(Posted: September 28th 2021)
Criminal:
Suppression motion; vehicle stop for tinted windows; reasonable suspicion after defendant attempted to flee; existence of exigent circumstances; scope of search; exception to prohibition of person not to possess firearm prohibition; investigative detention requiring advising of Miranda rights; issues not appropriately raised in suppression motion
(Patterson-Carpenter092421bt)
(Posted: September 28th 2021)
Criminal:
Rule 907 response to court's notice of intent to dismiss; timeliness of filing; federal applicability of federal habeas corpus petition to Pennsylvania post-conviction timetable; jurisdiction
(Williams092121bt)
(Posted: September 26th 2021)
Criminal:
Suppression motion; protective sweep of residence to check for hidden persons; search of jacket requested by home resident; search incident to a lawful arrest; plain view exception; probable cause for search warrant
(Ceasear092121bt)
(Posted: September 26th 2021)
Administrative Appeal:
Appeal from decision of Office of Open Records; scope of review; use of right to know law to obtain otherwise public documents in a particular format; disclosure of proprietary software and data schema that is protected by licensing agreement; duty of agency to create a record in format in which it does not exist to meet right to know request; duty to respond to request for database where all requested records are publicly available in agency's office and online, at no cost
(bohlin092321L)
(Posted: September 23rd 2021)
Civil:
Preliminary objections; punitive damage claim against employer of driver where employer is alleged to have known of its driver's past driving record, that he was intoxicated on
day of the incident and allowed him to drive anyway; vicarious liability for reckless conduct of an employee without proof that employer's conduct satisfies standard for punitive damages
(James092021t)
(Posted: September 23rd 2021)
Criminal:
Appeal; excessive sentence claim; relevant sentencing factors; appropriateness of consecutive sentences for defendant with extensive record, who showed no inclination to change and who failed all rehabilitation efforts; discretion of court
(Bradshaw092121L)
(Posted: September 22nd 2021)
Civil:
Preliminary objections; specificity of complaint; assignment of rights to recover credit card account balance; link between attached document and defendant's account
(Portfolio091721t)
(Posted: September 21st 2021)
Adoption:
Petition for involuntary termination of parental rights; incarcerated parent; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(IDK091721t)
(Posted: September 20th 2021)
Criminal:
Suppression motion; probable cause for warrantless search of vehicle; inventory search; inevitable discovery of evidence; abandonment of vehicle when fleeing police; probable cause for search warrant of hotel room; review of four corners of affidavit
(Alwan-Johnson090921bt)
(Posted: September 20th 2021)
Wills and Estates:
Non-jury trial; appeal from probate; testamentary capacity; presumption of sound mind; clear, strong, and compelling evidence necessary to prove challenge; validity of guided hand signature; credibility of witnesses; factors to establish prima facie case for undue influence; proof of confidential relationship
(dhue091521L)
(Posted: September 20th 2021)
Civil:
Motion in limine; admissibility of evidence of the negligence of plaintiff's employer; consideration the conduct of non-parties against whom damages cannot be apportioned; duty owed by property owner to employees of independent contractor; peculiar risk; risk created solely by the contractor's collateral negligence; evidence of employer's negligence where evidence is relevant to third party's defenses; interpretation of contractual indemnity clause
(Heivly091721Li)
(Posted: September 20th 2021)
Criminal:
Motion to suppress identification evidence; unreliable and unduly suggestive court identification; clear and convincing evidence; need to establish improper police conduct to suppress identification; weight and credibility of evidence for determination by jury; motion in limine to preclude interview questions referencing previous criminal conduct; prejudicial impact of evidence; motion to admit expert identification testimony where case is dependent upon eyewitness testimony
(Thompson092021L)
(Posted: September 20th 2021)
Criminal:
Post conviction relief act petition; factually incorrect petition of counsel to withdraw; obligations of counsel; thorough review of record for issues justifying pursuit of post-conviction collateral relief by counsel
(logan091721)
(Posted: September 18th 2021)
Civil:
Preliminary objections; breach of insurance contract claim; specificity of damage allegations in complaint; propriety of attaching to complaint estimate of costs associated with damage claim
(Good091621t)
(Posted: September 18th 2021)
Criminal:
Motion to dismiss under rule 600; suspension of rules due to COVID-19 judicial emergency; continuances requested by defendant
(Hill091521t)
(Posted: September 18th 2021)
Criminal:
Motion to admit out-of-court or hearsay statements of child victim under Tender Years Hearsay Act; relevant evidence, that provides sufficient indicia of reliability; consideration of spontaneity of statements, consistency in repetition, mental state of declarant, use of terms unexpected in child, lack of motive to fabricate
(Page091421bt)
(Posted: September 16th 2021)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court;
(Daubert091021bt)
(Posted: September 16th 2021)
Criminal:
Post conviction relief act petition; effectiveness of counsel; arguable merit of claim; challenge to validity of warrant based on false statements and omissions in affidavit; expectation of privacy; presumed prejudice for failure to file appeal
(Sanders091621L)
(Posted: September 16th 2021)
Criminal:
Habeas corpus petition; sufficiency of evidence of actual or
constructive possession of controlled substances; totality of circumstances; intent element of the possession with intent to deliver charge inferred from an examination of surrounding facts and circumstances; suppression motion; probable cause to stop vehicle observed violating vehicle code; probable cause for issuance of search warrant supported by uncorroborated hearsay of unidentified informant, corroborated by subsequent observations and investigations; discovery request of identity of confidential informant; qualified privilege not to disclose identity;
(Simmonds091421L)
(Posted: September 14th 2021)
Criminal:
Bail modification petition; prohibiting attendance of adult high school student at school, where the student is accused of crimes which involve violence and deadly weapons; availability of alternative in-person schooling; school safety considerations
(Cagle091021t)
(Posted: September 13th 2021)
Criminal:
Bail modification petition; prohibiting attendance of adult high school student at school, where the student is accused of crimes which involve violence and deadly weapons; availability of alternative in-person schooling; school safety considerations
(Crawford091021t)
(Posted: September 13th 2021)
Civil:
Emergency petition for preliminary injunction; proof of immediate and irreparable harm; likelihood to succeed on the merits; elements of adverse possession or easement by necessity claims; mere matter of convenience
(Kline090921t)
(Posted: September 9th 2021)
Civil:
Petition for emergency injunction; plaintiff's burden of proof; likelihood to prevail on the merits; evidence that right-of-way has been exceeded by road construction plans
(Hedges090821t)
(Posted: September 9th 2021)
Criminal:
Habeas corpus motion; sufficiency of evidence of firearm or drug possession; constructive possession of items in bedroom; prima facie case; suppression motion; probable cause for search warrant; totality of facts alleged in application
(Hill090321bt)
(Posted: September 9th 2021)
Criminal:
Habeas corpus petition; sufficiency of evidence of aggravated assault by vehicle; satisfaction of serious bodily injury element where foot fractures occurred and surgery was required; suppression motion; custodial interrogation without Miranda warnings; totality of circumstances; propriety of police conduct prior to issuance of warrant for blood; entitlement to information about right to refuse blood draw when blood is drawn for medical reasons
(bower083121L)
(Posted: September 8th 2021)
Criminal:
habeas corpus petition; prima facie case of possession with the intent to manufacture or deliver, a controlled substance; testimony of confidential informant
(White081621bt)
(Posted: September 2nd 2021)
Wills and Estates:
Motion for protective order; objection to attempts to schedule deposition of objector; potential delay of scheduled hearings; duty of court to ensure that matter proceeds without unnecessary delay and that estate is preserved for the beneficiary
(Logue082621m)
(Posted: August 26th 2021)
Civil:
Contempt motion; nature of contempt request where relief requested is "an appropriate fine and sentence"; viability of contempt motion where underlying suit has been dismissed; showing of intent; mere non-compliance
(lycoming081621leete)
(Posted: August 20th 2021)
Criminal:
Suppression motion; coordinate jurisdiction rule
(NSC081721t)
(Posted: August 18th 2021)
Criminal:
Suppression motion; odor of marijuana as sufficient to support issuance of search warrant of vehicle where no medical marijuana card produced by defendant; relevant "other circumstances"
(Thomas081021bt)
(Posted: August 18th 2021)
Needville Little League, Inc. and Tulsa National LL, Inc. vs. Little League Baseball, Inc.
8.17.2021
Eric R. Linhardt
Civil:
Petition for special and preliminary injunction relating to participation in Little League World Series; disqualification due to positive COVID-19 test of coach; limitations on judicial interference into decision of private athletic association; prima facie showing of a fraudulent action, an invasion of property or pecuniary rights, or capricious or arbitrary discrimination; application of six essential prerequisites for preliminary injunction; rational basis for compliance with CDC and Pennsylvania Department of Health guidance, even if harsh result occurs; arbitrary and
capricious implementation of mitigation plan; ability of the court to restore the teams to their status as it existed immediately prior to the alleged wrongful conduct; clear right to relief
(Needville081721Li)
(Posted: August 17th 2021)
Brewer vs. Campbell, Divine Providence Hospital of the Sisters of Christian Charity and UPMC Susquehanna
8.6.2021
Eric R. Linhardt
Civil:
Motion in limine to prevent defendant doctor's testimony as an expert on the applicable standard of care; applicability of rule 4003.5 when defendant himself is an expert; failure to question doctor on standard of care in deposition, due to anticipated objections; relevance of testimony of known risks and complications to establish applicable standard of care.
(Brewer080621LI)
(Posted: August 16th 2021)
Scipp vs. Williamsport Regional Medical Center, UPMC Susquehanna, Susquehanna Health Innovation Center, Susquehanna Health Bone & Joint Institute, DiSimone and Galin
7.23.2021
Eric R. Linhardt
Civil:
Preliminary objections; specificity of allegations of vicarious liability of doctor for conduct of others in his office; Conner objections to general, vague and boilerplate allegations of negligence; amendment of complaint
(Scipp072321Li)
(Posted: August 16th 2021)
Criminal:
Suppression motion; probable cause for search warrant for blood where defendant was seen to be under the influence less that 48 hours before her child died under suspicious circumstances, and defendant was a known drug user; probable cause for search of phone where versions of witnesses of events before child's death differ and phone will help law enforcement investigate what actually took place; waiver of Miranda rights during interview where officer unequivocally informs defendant of her rights
(Long080521bt)
(Posted: August 16th 2021)
Criminal:
Habeas corpus petition; prima facie case of possession of drugs where defendant is observed placing something in shelving in a store and police later found drugs in the shelving
(deparasis080421L)
(Posted: August 4th 2021)
Criminal:
Habeas corpus petition; sufficiency of evidence to establish prima facie case of terroristic threats where defendant passes note to bank teller demanding money in threatening manner; establishing attempted robbery or theft; substantial step
(maddoxx080421L)
(Posted: August 3rd 2021)
Criminal:
Post-sentence motion; correction of illegal sentence; sentencing discretion; evidence allowing for increased sentence
(Washington072321bt)
(Posted: July 31st 2021)
Adoption:
Appeal
(AdoptionofJS72921m)
(Posted: July 31st 2021)
Wills and Estates:
Motions to compel depositions; eleventh-hour discovery motion that will delay trial, resulting from tactical decision of counsel; due diligence
(benson072321L2)
(Posted: July 24th 2021)
Wills and Estates:
Motions for summary judgment and motions in limine; inter vivos transfer of assets; prima facie proof of donative intent and independent evidence of delivery; incompetent testimony under Dead Man's Act; voidable gift; competency of spouse to testify; evidence of a proprietary or pecuniary interest; incompetent witness's competency to testify in support of adverse claimant; weight of testimony; cross examination of witness as waiver of Dead Man's Act; issues of material fact; presumption of insolvency; waiver of disqualification of an adverse party by responding to interrogatories; use of hearsay statements in police report to support motion; Nanty-Glo rule; unopposed motion for summary judgment; release of claims to render witness competent to testify
(benson072321L)
(Posted: July 24th 2021)
Criminal:
Suppression motion; probable cause for warrantless vehicle search; observations of and smell of marijuana; display of medical marijuana card; improper storage of medical marijuana; coercively obtained consent for vehicle search
(Williams07162021bt)
(Posted: July 23rd 2021)
Civil:
Non-jury trial; replevin; abandoned vehicles; statutory process; required notice; use of address registered with PA Department of Transportation
(Nothstein071921t)
(Posted: July 23rd 2021)
Criminal:
Suppression motion; withdrawal
(Shadd070821L)
(Posted: July 22nd 2021)
Criminal:
Suppression motion; interactions constituting interrogation; right to an attorney; spontaneously made statements; recording statements made by defendant while alone, in custody; applicability of wiretap law; reasonable expectation of privacy; Miranda violations; voluntariness of statement initiated by defendant; use of suppressed statements to impeach defendant's credibility; probable cause for search warrant of hotel room; particularity requirement; Independent Source Doctrine for admitting evidence tainted by illegal police conduct; willful misconduct
(Heck071221L)
(Posted: July 22nd 2021)
Civil:
Preliminary objections; liability of tenant for damage to leased property where landlord is insured for loss; contract interpretation; reasonable expectations of the parties; contractual liability of tenant for losses caused by tenant's negligence
(McDermott071321Li)
(Posted: July 22nd 2021)
Criminal:
Habeas corpus petition; sufficiency of evidence of discharge of firearm into an occupied structure where defendant used a crossbow; sufficiency of testimony of terroristic threats where some but not all witnesses testified
(Hagemeyer071321bt)
(Posted: July 21st 2021)
Criminal:
Habeas corpus petition; sufficiency of evidence of possession with intent to deliver drugs; mere presence in a location where drugs are seized; suppression motion; adequacy of affidavit of probable cause; probable cause demonstrated from four corners of affidavit
(Etumnu071521bt)
(Posted: July 21st 2021)
Criminal:
Habeas corpus petition; prima facie evidence of endangering welfare of children; leaving mixture of heroin and Gatorade in house where child could access it
(Walker071521bt)
(Posted: July 21st 2021)
Adoption:
Petition for involuntary termination of parental rights; proper service; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; obstacles to exercising his parental rights; no existing bond
(AdoptionofMLS071521m)
(Posted: July 21st 2021)
Adoption:
Petition for involuntary termination of parental rights; consent to termination; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(AdoptionofOS071621m)
(Posted: July 21st 2021)
Civil:
Preliminary injunction petition relating to refusal of county controller to sign payroll or accounts payable checks; demonstration of irreparable injury; speculation as to prospective harm; preliminary objections; propriety of mandamus action upon dereliction of a ministerial duty; use of mandamus to compel a series of ongoing acts unrelated to specific transactions and unbounded in duration; injunction request where adequate remedy at law exists
(commissioners072021leete)
(Posted: July 21st 2021)
Criminal:
Post-conviction relief act petition; applicability of Supreme Court opinion dealing with use of tracking device without a warrant to use by the government of CSLI from a wireless service provider; ineffectiveness of counsel for failing to predict changes in the law; inevitable discovery; prejudice in light of other overwhelming evidence; issuance of a court order under wiretap act as satisfying Fourth
Amendment warrant requirements; waiver of issue not raised in previous proceedings
(Bean071621L)
(Posted: July 19th 2021)
Civil:
Motion to strike jury demand; effect of late filed reply to new matter on timeliness of jury trail demand in the reply; authority of court under rule 1007 to allow an untimely jury demand; lack of prejudice as a factor; preliminary objections; specificity of facts to support affirmative defenses
(Salvatore071621L)
(Posted: July 19th 2021)
Criminal:
Habeas corpus motion; sufficiency of evidence of delivery of drugs; adequacy of identification of defendant on phone call initiating a drug transaction where defendant shows up to deliver drugs to confidential informant
(Smith071221bt)
(Posted: July 19th 2021)
Civil:
Motion to compel; scope of permissible discovery in a defamation case; request for complete cell phone records; invasion of privacy; good faith effort to provide relevant electronic communications; refusal to provide private medical information without execution of confidentiality agreement; reasonableness of contention interrogatories where details already pled in complaint; sufficiency of interrogatory responses
(Miller071321Li)
(Posted: July 19th 2021)
Criminal:
Habeas corpus petition; sufficiency of evidence to establish prima facie case of terroristic threats; necessity of a direct threat or brandishing of a weapon; handwritten note demanding money from a bank as sufficient evidence of attempt to commit robbery or theft
(Maddox071321L)
(Posted: July 14th 2021)
Criminal:
Suppression motion; claim that search warrant was stale, overbroad, insufficiently particularized, and failed to establish probable cause; reliability of confidential informants; totality of circumstances; standing to challenge admissibility of evidence; privacy interest; social guest's legitimate expectation of privacy
(MILLS-DELARGE071321L)
(Posted: July 14th 2021)
Criminal:
Motion for bill of particulars and for pretrial discovery and inspection; reasonable basis for request; fishing expedition respecting previous arrests, issues or cases involving African Americans; collateral information
(bennett071321L)
(Posted: July 14th 2021)
Criminal:
Habeas corpus motion; sufficiency of evidence where victim of burglary, assault and threats of violence refuses to testify; hearsay testimony of police officer; evidence of violence and forced entry to house; ability to challenge sufficiency of evidence where defendant waives preliminary hearing;
(Singleton070621bt)
(Posted: July 10th 2021)
Adoption:
Petition for involuntary termination of parental rights; dependent child; failure to perform parental duties; repeated incapacity and/or refusal to act resulting in the child being without essential parental care; failure to make significant progress in addressing the incapacities which caused child to be removed; needs and welfare of child; existence of some bond with parent
(AdoptionofJS070621m)
(Posted: July 7th 2021)
Criminal:
Suppression motion; search of residence incident to arrest; evidence in plain view when police accompanied arrestee to his bedroom to secure a shirt; sufficiency of information in affidavit of probable cause to support search warrant
(Gadson062921bt.pdf)
(Posted: July 6th 2021)
Criminal:
Post-sentence motion; suppression issue decided by another judge; coordinate jurisdiction rule; intervening change in controlling law; warrantless search of an automobile; consent to search as exception to requirements of probable cause and exigent circumstances for warrantless search
(Carr070121t)
(Posted: July 6th 2021)
Adoption:
Petition for involuntary termination of parental rights; proper service; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(AdoptionofCL063021m)
(Posted: July 1st 2021)
Criminal:
Suppression motion; probable cause for arrest; corroboration to substantiate confidential informant's reliability; probable cause to support vehicle stop based on confidential informant's tip; search of cell phone by way of calling it to cause it to power up; fruit of the poisonous tree; habeas corpus motion; prima facie evidence of criminal use of a communication facility; sufficiency of evidence to prove defendant took a substantial step
(Barasky062521bt)
(Posted: June 30th 2021)
Criminal:
Suppression motion; incorrect time stamp on digital video and photographs; weight of evidence; motion in limine; authenticity of video determined based on testimony; habeas corpus petition; priima facie case
(Martin062521bt)
(Posted: June 30th 2021)
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