Commonwealth vs. Sumit
4.28.2021
Marc F. Lovecchio
Criminal:
Appeal; timeliness of sentencing; time required for assessment of person convicted of a sexually violent offense
(Sumit042821L)
(Posted: April 28th 2021)
Commonwealth vs. Berger
4.27.2021
Ryan M. Tira
Criminal:
Application to revoke bail; accuracy and reliability of sweat test; false positive; testing generally accepted in the field of toxicology
(Berger042721t.pdf)
(Posted: April 28th 2021)
Commonwealth vs. Cohick
4.21.2021
Ryan M. Tira
Criminal:
Habeas corpus petition; prima facie case of terroristic threats where nothing was said; prima facie case of theft for taking victim's axe and of simple assault for holding axe in threatening manner; prima facie case of harassment for banking on a door in threatening manner
(Cohick042121t)
(Posted: April 27th 2021)
Administrative Appeal:
Appeal from suspension of operating privilege; timeliness of appeal; non-negligent circumstances exception; prejudice
(Dasher042121t)
(Posted: April 27th 2021)
Administrative Appeal:
Driver's license suspension appeal; basis for suspension of operating privileges for refusal to submit to a breath or blood test; reasonable grounds to believe that a licensee was driving a vehicle while intoxicated; relevance of warrantless arrest to suspension issue; burden to prove that refusal to submit to a blood draw was not knowing or conscious; driver's state of intoxication as a defense
(Linn042121t)
(Posted: April 27th 2021)
Allen vs. Smith
4.23.2021
Ryan M. Tira
Family:
Appeal of denial of PFA order; waiver of appeal issues by untimely response to Rule 1925 order; incident resulting from conduct of both parties; fear of bodily harm; credibility of unbiased witness
(Allen042321t)
(Posted: April 27th 2021)
Commonwealth vs. Robinson
4.23.2021
Marc F. Lovecchio
Criminal:
Motion to dismiss habeas corpus petition; effect of waiving preliminary hearing on right to habeas relief; claimed default of agreement to make eligible for Intensive Supervised Bail program; agreement not written or on record; Zoom hearing as record document; authority of district attorney or MDJ to place someone into Intensive Supervised Bail program
(robinson042321L)
(Posted: April 23rd 2021)
Commonwealth vs. Wilson
4.22.2021
Marc F. Lovecchio
Criminal:
Reconsideration motion; timeliness; reopening decision to argue a different legal theory; policy against perpetuating an erroneous ruling
(Wilson042221L)
(Posted: April 22nd 2021)
Commonwealth vs. Davis
4.22.2021
Marc F. Lovecchio
Criminal:
Habeas corpus petition; sufficiency of evidence of conspiracy to distribute drugs; totality of the circumstances
(Davis042221L)
(Posted: April 22nd 2021)
Commonwealth vs. Lape
4.20.2021
Marc F. Lovecchio
Criminal:
Motion in limine to preclude reference to "victim"; reference in argument to inferences reasonably intended to be proven; required disclosures by Commonwealth; leave to file additional pretrial motions to address additional discovery responses
(Lape042021L)
(Posted: April 20th 2021)
Commonwealth vs. Mullen
4.20.2021
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; suppression issue; acknowledged failure of counsel to preserve issue for appeal; lack of prejudice where there is no reasonable probability that result would have been different but for counsels' inactions; newly issued, but factually distinguishable precedent; probable cause; exigent circumstances; totality of circumstances
(Mullen042021)
(Posted: April 20th 2021)
Commonwealth vs. Leonard
4.19.2021
Marc F. Lovecchio
Criminal:
Suppression motion; knowing or intelligent waiver of Miranda rights; totality of circumstances; reasonable belief of restricted freedom of action; determination of whether interview was custodial
(leonard041921L)
(Posted: April 19th 2021)
Civil:
Motion to compel; objections to scope and relevance of discovery requests; timeliness of motion; pattern of dawdling discovery practices; failure to proceed with due diligence
(williams041921Li)
(Posted: April 19th 2021)
Civil:
Preliminary objections; amendment to change the name of party sued after statute of limitations expired; party properly named under wrong designation; prejudice
(Strouse041321t)
(Posted: April 17th 2021)
Commonwealth vs. Ali
4.15.2021
Marc F. Lovecchio
Criminal:
Commonwealth's motion in limine; cross-examination of victim on collateral or non-relevant matters; evidence of victim's alleged relationship with defendant's husband
(Ali041521L)
(Posted: April 15th 2021)
Civil:
Preliminary objections; sufficiency of pleading of fiduciary duty; relationship between an insurance broker/agent and insured; pleading causes of action in the alternative; catch-all allegations; pleading material facts; gist of the action; pleading contract and negligence claims in the alternative; sufficiency of pleading of act or omission
(City040121t)
(Posted: April 9th 2021)
AS Adoption
3.30.2021
Ryan M. Tira
Adoption:
Petition for involuntary termination of parental rights of two possible fathers; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; non-appearance at hearing; no existing bond
(AS033021t)
(Posted: April 2nd 2021)
Bower Estate
3.25.2021
Ryan M. Tira
Civil:
Petition for special relief; partnership property; right to an appraisal; right to receive buyout payment for interest in partnership
(Bower032521t)
(Posted: April 2nd 2021)
Commonwealth vs. Williams
3.30.2021
Marc F. Lovecchio
Criminal:
Appeal; presumed effectiveness of counsel; failure to file suppression motion; prejudice; totality of the circumstances to believe that criminal activity was occurring; exigent circumstances; reasonable basis for not filing a suppression motion; failure to file motion for line-up where identification was not an issue in case; knowing, intelligent and voluntary plea
(Williams033021L)
(Posted: March 31st 2021)
Commonwealth vs. Charles
3.31.2021
Nancy L. Butts
Criminal:
Appeal; challenge to court's sentencing discretion; consecutive rather than concurrent sentence; consideration of seriousness of the offense; eligibility for boot camp; manifestly excessive sentence
(Charles033021bt)
(Posted: March 31st 2021)
Commonwealth vs. Weaver
3.26.2021
Nancy L. Butts
Criminal:
Habeas corpus motion; prima facie evidence of DUI and assault charges; passenger in actual physical control of vehicle; totality of circumstances
(Weaver032621bt)
(Posted: March 30th 2021)
Commonwealth vs. Moore
3.26.2021
Nancy L. Butts
Criminal:
Habeas corpus motion; prima facie evidence of drug offenses; evidence of possession where there was nothing to connect defendant permanently to the residence searched; constructive possession; suppression motion; emergency aid exception to search residence without warrant; objective reasonable basis for belief of danger to someone
(Moore032621bt)
(Posted: March 30th 2021)
Civil:
Summary judgment motion; insurance coverage issue; household residence; waiver of inter-policy stacking; applicability of miscellaneous vehicle exclusion; Applicability of Gallagher vs. GEICO Indem. Co; controlling Supreme Court precedent; waiver of affirmative defense that was not pleaded
(erie032921Li)
(Posted: March 29th 2021)
Custody:
Petition to intervene and modify custody order; grandparent visitation; standing
(Haller031521t)
(Posted: March 26th 2021)
Civil:
Petition for allowance of appeal, nunc pro tunc; propriety of service of appeal from MDJ decision; good faith attempt at compliance with rules; prejudice; reinstatement of stricken appeal
(Hepburn032221t.pdf)
(Posted: March 24th 2021)
QA vs. YS
3.19.2021
Ryan M. Tira
Family:
Reconsideration of denial of protection from abuse order; need for physical contact to prove reasonable fear; course of conduct; arguing as early sign of future abuse; credibility determinations
(QA031921)
(Posted: March 23rd 2021)
Commonwealth vs. Hill
3.23.2021
Marc F. Lovecchio
Criminal:
Post conviction relief act petition entitled "Amended Writ of Quo Warranto/Prohibition/Error"; refusal to address why claims are not untimely, previously litigated or waived
(hill032321L)
(Posted: March 23rd 2021)
JW Adoption
3.11.2021
Ryan M. Tira
Adoption:
Petition for involuntary termination of parental rights of two possible fathers; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; non-appearance at hearing; no existing bond
(JW031121t.pdf)
(Posted: March 22nd 2021)
Swank vs. Greenway
3.17.2021
Eric R. Linhardt
Civil:
Motion in limine to preclude evidence of life care plan; cost estimates based on fairhealth.org data; sufficiency of methodology used to compute future medical costs; seriousness of injury to meet limited tort threshold; issue to be raised by summary judgment motion
(Swank031721Li)
(Posted: March 17th 2021)
Civil:
Petition to compel statutory inspection and examination of corporate books and records; standing of past shareholders to review corporate books; jurisdiction over foreign corporation; applicability of contractual jurisdiction provision; applicability of corporate law to limited liability company
(Edenfield031621L)
(Posted: March 16th 2021)
BEC Adoption
3.2.2021
Joy Reynolds McCoy
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; non-appearance at hearing; no existing bond
(AdoptionofBEC030221m)
(Posted: March 14th 2021)
Administrative Appeal:
Tax assessment appeal; highest and best use of property; legally permissible use of land under court order preserving property's non-conforming use; rejection of appraisal reports based upon false premises and speculative calculations; determination of fair market value based on calculations from formulas and figures adduced at trial, without reliance on expert conclusions
(Armstrong031121t)
(Posted: March 12th 2021)
Civil:
Motion in limine to exclude medical expert opinion; exclusion of cumulative expert opinions; corroborative testimony of multiple medical expert witnesses with same conclusion who approach the issue from different clinical perspectives; relevance of evidence of relationship between deceased mother and son, where claims for loss of mother's tutelage, comfort, guidance, and companionship are withdrawn; use of expert to establish liability of hospital based exclusively on accreditation standards set by the Joint Commission for Accreditation of Healthcare Organizations; expert's reliance on voluntary, aspirational standards that are broadly general and not probative
(shaheen031221Li)
(Posted: March 12th 2021)
Commonwealth vs. Taylor
3.12.2021
Marc F. Lovecchio
Criminal:
Appeal; manifestly excessive sentence; revocation of probationary sentence after failure of multiple attempts to use local options to address defendant's rehabilitative needs and substance abuse disorder; applicability of new probation violation sentencing guidelines
(Taylor031221L)
(Posted: March 12th 2021)
Custody:
Petition to intervene in custody proceeding; standing; in loco parentis; children at substantial risk due to drug activity of mother
(Rauch030321t)
(Posted: March 11th 2021)
Commonwealth vs. Harris
3.4.2021
Nancy L. Butts
Criminal:
Suppression motion; knowing, intelligent and voluntary waiver of Miranda rights and right to counsel; motion to sever
(Harris030421bt)
(Posted: March 9th 2021)
Commonwealth vs. Kelly
3.5.2021
Marc F. Lovecchio
Criminal:
Suppression motion; reasonable suspicion to stop vehicle and detain occupants; consciousness of guilt demonstrated by jumping out of car and running; investigative detention supported by reasonable suspicion; probable cause for arrest where officer observes defendant throw pill bottle containing illegal contraband; presumption of trustworthiness of ordinary citizens reporting their observations; plain view observation of cell phone screen as constituting a search
(Kelly030521L)
(Posted: March 5th 2021)
Commonwealth vs. Dauber
3.1.2021
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence to prove prima facie case; additional evidence necessary to substantiate hearsay testimony; good cause exception to the 2-hour blood alcohol test time limit for DUI charge
(Dauber030121b)
(Posted: March 4th 2021)
Commonwealth vs. Akins
3.2.2021
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence to prove prima facie case; evidence necessary to substantiate hearsay testimony; circumstantial evidence that telephone was used to set up drug transaction
(Akins030221bt)
(Posted: March 4th 2021)
Civil:
Motion to enforce settlement; meeting of minds as to all
essential terms of agreement; release clause as per se essential term of settlement agreement; offer and acceptance; revisions to proposed settlement agreement as counteroffer
(kreisher030421Li)
(Posted: March 4th 2021)
Commonwealth vs. Vaughn
2.26.2021
Eric R. Linhardt
Criminal:
Habeas corpus petition; sufficiency of evidence to prove prima facie case; exchange of nude photographs with minor while engaging in sexually explicit conversations as establishing elements of sexual abuse of children; proof of crime without actual photographs; mere speech as criminal violation where crime focuses directly on verbal communication
(vaughn022621L)
(Posted: March 4th 2021)
Commonwealth vs. Shadd
2.26.2021
Marc F. Lovecchio
Criminal:
Habeas corpus petition; sufficiency of evidence to establish a prima facie case that defendant made an actual or
constructive transfer of a controlled substance; admissibility of hearsay evidence to which there was no objection; change in law on issue of whether a prima facie case could be established solely by hearsay testimony; preservation of issue
(Shadd022621L)
(Posted: March 4th 2021)
Civil:
Summary judgment motion; fire insurance coverage issue; effect of an insurance binder; express or implied authority of broker to issue insurance binder; motion to amend complaint; proposed amendment against a positive rule of law; nonfeasance as a basis for negligence claim; special relationship; imposition of duty on insurance company to quickly process endorsement requests; timeliness of request to amend; prejudice
(cosentine022521Li)
(Posted: March 4th 2021)
Commonwealth vs. Fleming
2.26.2021
Marc F. Lovecchio
Criminal:
Suppression motion; defective search warrant; incorrect address on warrant; no ambiguity about location where
criminal activity occurred; reasonable mistake
(fleming022621L)
(Posted: February 27th 2021)
Commonwealth vs. Vaughan
2.25.2021
Marc F. Lovecchio
Criminal:
Suppression motion; custodial interrogation; reasonable belief that freedom of action or movement was restricted; impartial investigation into defendant's connection, if any, to injuries; totality of circumstances; knowing and intelligent waiver of Miranda rights; voluntariness of confession
(vaughan022521L)
(Posted: February 27th 2021)
Commonwealth vs. Strickland
2.24.2021
Marc F. Lovecchio
Criminal:
Petition for writ of habeas corpus; sufficiency of evidence to establish a prima facie case where case is based on hearsay alone; evidence elicited by defense counsel and admitted without objection; waiver of objections
(strickland022421L)
(Posted: February 24th 2021)
Stetts vs. Camacho
2.24.2021
Eric R. Linhardt
Civil:
Preliminary objections to new matter; failure to plead material facts supporting affirmative defenses; boilerplate defenses; liberality of rules allowing amendment based on facts learned in discovery
(stetts022421Li)
(Posted: February 24th 2021)
Commonwealth vs. Best
2.10.2021
Marc F. Lovecchio
Criminal:
Motions for return of property; timeliness; waiver by Commonwealth by asserting a defense
(best021021L)
(Posted: February 23rd 2021)
Commonwealth vs. Reid
2.10.2021
Marc F. Lovecchio
Criminal:
Motion for nominal bail pursuant to rule 600(B); applicability to proceedings related to violations of parole or probation; suspension of rule 600 due to COVID-19; continuance requested by defendant
(reid021021L)
(Posted: February 23rd 2021)
Criminal:
Habeas corpus petition; prima facie case of cruelty to animals and theft offenses relating to taking and mistreating cows and tampering with evidence; reliance on circumstantial evidence
(Colatosti021921bt.)
(Posted: February 23rd 2021)
Commonwealth vs. Stroup
2.17.2021
Marc F. Lovecchio
Criminal:
Suppression motion; police interrogation; constitutionally deficient Miranda warnings; conduct of experienced and trained law enforcement officer using techniques to lower defendant's anxiety level and to build rapport and designed to deemphasize warnings; analysis of post-waiver conduct to determine whether defendant's decision to waive rights was made knowingly, intelligently and voluntarily; coercive or manipulative interrogation; unambiguous assertion of right to remain silent; significance of request of defendant to speak to his parole officer during questioning; per se request to remain silent or for an attorney; voluntariness of consent to search; mere presence of police constituting coercion; observation of evidence in plain view; lawful protective sweep; specificity of apartment address in search warrant; minimal error; relevance of information omitted from or misstated in probable cause affidavit
(Stroup021721L)
(Posted: February 18th 2021)
Civil:
Post-trial motions; motion for judgment N.O.V.; waiver of issues not briefed; motion for new trial for verdict against the weight of the evidence; court's authority to upset a verdict; verdict so contrary to evidence as to shock one's sense of justice; jury's evaluation of evidence of contributory negligence of failing to read warning labels; sufficiency of evidence supporting consortium claim; propriety of court's refusal to grant mistrial because defendant did not appear at trial due to fear of exposure to COVID-19; appropriateness of court instructions to jury on absence of defendant from courtroom; court's mitigation of health risks in courtroom; constitutional right to appear at trial; waiver of objections to closing statement due to failure to object; deficient jury instructions; admissibility of old crimen falsi convictions to attack credibility of party where credibility is crucial issue in case; pattern of dishonest behavior; consideration of potential prejudice; manifestly excessive award; motion for remittitur; sufficiency of evidence to support verdict; leave to submit supplemental reasons after trial is transcribed
(getting021221Li1)
(Posted: February 13th 2021)
Civil:
Motion to mold verdict to correct the name of party; timeliness; making record accord with clear intention of jury; delay damages; loss of consortium damages in calculation; inclusion of time during which time calculations were suspended due to COVID-19; reduction of delay damages due to circumstances beyond the control of either party
(getting021221Li2)
(Posted: February 13th 2021)
Commonwealth vs. Etumnu
2.10.2021
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause for search of residence; sufficiency of affidavit of probable cause for search warrant; reliance on uncorroborated hearsay of an unidentified informant; corroboration of credibility of confidential source; right to challenge omissions in affidavit of probable cause; conclusory attack on affidavit of probable cause
(Etumnu021021L)
(Posted: February 10th 2021)
Commonwealth vs. Moore
2.4.2021
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case of possession of firearm; constructive possession of weapon found under passenger seat; totality of circumstances; circumstantial evidence; suppression motion; reasonable suspicion to ask defendant to exit vehicle for pat-down search; plainly visible firearm; disproportionately nervous passenger during routine traffic stop
(Moore020421bt)
(Posted: February 10th 2021)
Lehman vs. Smith & Lehman
2.4.2021
Eric R. Linhardt
Civil:
Post-trial motions; best evidence rule; waiver of issues not raised at trial; sufficiency of evidence of detrimental reliance; prescriptive easements traveling with the property; applicability of indemnification clause in agreement where signing party no longer had a legal interest in the dispute; easement attached to dominant estate; attorney fee award
(lehman020421Li)
(Posted: February 4th 2021)
Criminal:
Post conviction relief act petition; ineffective counsel; stipulation of serious bodily injury in attempted murder case, without consent of defendant and for no strategic reason; stipulation to application of deadly weapon enhancement without consent of defendant; enhancements within discretion of court; failure to appeal mistrial denial where juror made potentially prejudicial statements during voir dire; suggestive photo identification; refusal to allow argument that the shooting was done by another; prejudice; claimed ineffectiveness due to inability of counsel to find expert to testify on DNA evidence
(Washington020221bt)
(Posted: February 3rd 2021)
Commonwealth vs. Proctor
2.2.2021
Marc F. Lovecchio
Criminal:
Appeal; sentencing discretion; oral motion to withdraw guilty plea at sentencing hearing based on claimed promise of time-served sentence; consideration of extended period without criminal activity; seriousness of crime foreclosing time-served sentence; waiver of consideration of electronic monitoring or house arrest for failure to request at time of sentencing; consideration of statutory sentencing factors; eligibility for a Recidivism Risk Reduction Incentive
(proctor020221L)
(Posted: February 2nd 2021)
McCarty vs. McCarty
1.29.2021
Ryan M. Tira
Divorce:
Contempt petition; dispute concerning QDRO preparation and language
(McCarty012921t)
(Posted: February 2nd 2021)
Commonwealth vs. Alexander
1.28.2021
Marc F. Lovecchio
Criminal:
Appeal; waiver of issues not raised in the lower court; definition of obscene materials to include direct electronic communications; obscene materials send as private, consensual communication; constitutional protection afforded to obscene materials
(alexander012821L)
(Posted: February 1st 2021)
Commonwealth vs. Mosteller
12.31.2020
Nancy L. Butts
Criminal:
Appeal; probation revocation; jurisdiction of the court; reasonable time for revocation of probation after expiration of probationary period; prejudice; excessiveness of sentence
(Mosteller123120bt)
(Posted: January 29th 2021)
Commonwealth vs. Strickland
1.26.2021
Marc F. Lovecchio
Criminal:
Commonwealth motion to reconsider rule 600 calculation; timeliness of motion; waiver of procedural irregularity; due diligence with respect for obtaining evidence for hearing; defense counsel's approval or acceptance of request for delay
(strickland012621L)
(Posted: January 29th 2021)
Custody:
Grandparents' petition to intervene in custody case; standing as to one of the children with whom there is no biological relationship
(Ritter012521t)
(Posted: January 26th 2021)
WH Adoption
1.26.2021
Ryan M. Tira
Adoption:
Petition by agency for involuntary termination of parental rights; failure to perform parental duties; failure to maintain communication and association with child; failure to cooperate with Agency and other counseling or treatment agencies; conditions for termination of rights where child in agency care; serving the needs and welfare of the children; no existing bond with parent
(WH012621)
(Posted: January 26th 2021)
Commonwealth vs. Morehart
1.22.2021
Marc F. Lovecchio
Criminal:
Motion to preserve evidence on victim's cell phone; preservation and disclosure in the interest of justice; fair play in light of the circumstances; equal playing field
(morehart012221L)
(Posted: January 24th 2021)
Civil:
Motion for judgment on pleadings; procedural appropriateness of filing motion for judgment on pleadings before answering the complaint; filing an answer after deadline expired
(Cavalry012121t)
(Posted: January 21st 2021)
JW Adoption
1.20.2021
Ryan M. Tira
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; incarcerated parent; steps to rectify failures to parent child; no existing bond
(JW012021t.pdf)
(Posted: January 20th 2021)
Commonwealth vs. Forsyth
1.19.2021
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case of murder, aggravated assault, and Involuntary manslaughter where there is evidence of the degree of force that must have been used to injure child and defendant is the only one with access; suppression motion; failure to advise of Miranda warnings before interviews; custodial questioning; voluntariness of appearance
(Forsyth011921bt)
(Posted: January 19th 2021)
Commonwealth vs. Shadd
1.19.2021
Nancy L. Butts
Criminal:
Suppression motion; warrantless vehicle search; lack of exigent circumstances; ability of Commonwealth to predict change in law
(Shadd011921bt)
(Posted: January 19th 2021)
Commonwealth vs. Martin
1.12.2021
Marc F. Lovecchio
Criminal:
Appeal of denial of post conviction relief act petition; boilerplate allegations; failure to object to prosecutorial argument about sending a message to the community; context of argument, sending message to defendant and not to community or justice system; mistrial for errant playing of excluded recording; prejudice involving brief and innocuous incident; ability to call witness on direct where right of cross-examination forfeited by wrongdoing; waiver of forfeiture argument by failing to attempt to call witness; forfeiture of all rights to examine witness due to wrongful acts; discretion of court to determine relevancy of evidence; hearsay; out-of-court statement offered to explain a course of conduct; harmless error; proof of judge shopping where Commonwealth requests judge be disqualified from all cases; issue previously litigated; prejudice in failing to call witness; reasonable basis for not calling witness; after discovered evidence; evidence that could have been obtained prior to trial through reasonable diligence
(martin011221L)
(Posted: January 12th 2021)
Civil:
Preliminary objections; rescission of automobile insurance contract after motor vehicle accident; indispensable party; alleged misrepresentations relating to the issuance of the policy; joinder of all parties to an insurance contract as necessary parties; defamation claim related to reports made to Pennsylvania Attorney General's office; sufficiency of pleading to state allegation of lack of probable cause, that overcomes statutory immunity
(Randazzo010521t)
(Posted: January 5th 2021)
Commonwealth vs. Wilson
12.23.2020
Marc F. Lovecchio
Criminal:
Suppression motion; parole officer interaction with parolee due to failure to report; specific and articulable facts
leading to belief that defendant is in possession of prohibited items; necessity of safety search
(Wilson122320L)
(Posted: December 24th 2020)
Commonwealth vs. Foster
12.23.2020
Marc F. Lovecchio
Criminal:
Suppression motion; reasonable suspicion for detention; probable cause for warrantless search of person; reliability of information in anonymous telephone tip
(FOSTER122320L)
(Posted: December 24th 2020)
DS & KN Adoption
12.22.2020
Ryan M. Tira
Adoption:
Petition by agency for involuntary termination of parental rights; failure to perform any and all parental duties; failure to maintain communication and association with children; acts of refusal as well as incapacity to perform parental duties; termination of rights of presumptive father; conditions for termination of rights where child in agency care; serving the needs and welfare of the children; no existing bond with parents
(DS122220t.pdf)
(Posted: December 22nd 2020)
Civil:
Preliminary objections; duty of city to maintain traffic lights; general averments of improper design of streets, crosswalks, pathways, or traffic signals; use of boilerplate phrase "including but not limited to"; specificity of complaint; amendment of complaint; viability of non-medical incidental expenses under the Political Subdivision Tort Claims Act
(Strothers121520Li)
(Posted: December 22nd 2020)
Civil:
Motion to compel settlement; settlement agreements interpreted under principals of contract law; existence of viable offer to settle; email exchanges of draft settlement agreements; draft agreement incorporating opposing party's proposed revisions as offer to settle
(Turnkey121520Li)
(Posted: December 22nd 2020)
Commonwealth vs. Spencer
12.15.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; issues previously litigated; waiver; ineffective counsel claims; objection to jury charge where the law was accurately given to the jury; clarifying instructions given to jury outside of presence of defendant; prejudice; harmless error
(Spencer121520L)
(Posted: December 16th 2020)
Commonwealth vs. Sturgis
12.15.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; timeliness; court jurisdiction; claimed excuse of closure of prison library due to COVID-19 limitations; necessity to use law library
(Sturgis121520L)
(Posted: December 15th 2020)
Commonwealth vs. Boone
12.15.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; timeliness; waiver
(Boone121520L)
(Posted: December 15th 2020)
Commonwealth vs. Etumnu
12.15.2020
Marc F. Lovecchio
Criminal:
Motion to suppress; probable cause for arrest suspect who fled police and discarded plastic bags with white substances; voluntarily and spontaneously made statements
(Etumnu121520L)
(Posted: December 15th 2020)
Commonwealth vs. Sailor
12.7.2020
David E. Grine
Criminal:
Appeal; remand for recusal hearing at which judge and his legal intern were witnesses; issue regarding ex parte conversation between juror and judge during break in trial; harmless error; prejudice; juror's dismissal from case before deliberations
(Sailor120720grine)
(Posted: December 15th 2020)
Hill vs. Hill
12.9.2020
Ryan M. Tira
Family:
Appeal of denial of protection from abuse order; credibility of witnesses
(Hill120920t)
(Posted: December 11th 2020)
Beamer vs. Bobst
12.3.2020
Ryan M. Tira
Custody:
Petition for contempt of custody order that requires child to attend Jersey Shore schools; failure of order to contemplate a worldwide pandemic; arrangements for the child's schooling not meeting school's requirements
(Beamer120320t)
(Posted: December 4th 2020)
Commonwealth vs. McCloe
11.30.2020
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion; warrantless vehicle search; protective search based on nervousness of defendant; officers having control of vehicle and operator at time of search
(McCloe113020bt.pdf)
(Posted: December 2nd 2020)
Civil:
Preliminary objections; punitive damage claim in medical malpractice case
(Evans120120t)
(Posted: December 2nd 2020)
Hill vs. Hill
11.23.2020
Ryan M. Tira
Custody:
Petition to intervene filed by unrelated caregiver; best interest of the child; stringent test for standing in third-party suits for visitation; opposition of custodial grandparent; duties typical of babysitter
(Hill111920t)
(Posted: November 24th 2020)
Adoption:
Appeal
(DD123111820t)
(Posted: November 24th 2020)
Commonwealth vs. Mead
11.23.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court
(Mead112320L)
(Posted: November 23rd 2020)
Commonwealth vs. Lattimore
11.20.2020
Marc F. Lovecchio
Criminal:
Second post conviction relief act petition; timeliness; jurisdiction; already served sentence; claims previously litigated or waived
(Lattimore112020L)
(Posted: November 21st 2020)
Hoagland vs. Bernstein
11.19.2020
Marc F. Lovecchio
Civil:
Motion for judgment on the pleadings; expiration of statute of limitations for claims for breach of fiduciary duty, undue influence, fraud and conversion; statute of limitations for claims of unjust enrichment and breach of contract where the contract is continuous; factual issues
(Hoagland111920L)
(Posted: November 19th 2020)
Commonwealth v. Williams
11.18.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; presumption; failing to file suppression motion; admissions made at guilty plea hearing; prejudice causing an involuntary or unknowing plea; credibility of defendant's testimony; issues of viability of line-up identification where defendant was photographed committing the crime; exigent circumstances for warrantless search; ineffectiveness for failing to request sentences to run concurrently
(williams111218L)
(Posted: November 19th 2020)
Commonwealth v. Kellam
11.12.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; failure to raise issues during suppression hearing; probable cause for search; reasonableness of police action regardless of the officer's state of mind, if evidence viewed objectively justifies action; totality of circumstances; lack of prejudice
(kellam111220L)
(Posted: November 19th 2020)
Commonwealth vs. Lowmiller
11.10.2020
Nancy L. Butts
Criminal:
Appeal; sufficiency of trial evidence of involuntary deviate sexual intercourse, where the testimony established oral sex by 27 year old defendant with 14 year old victim
(Lowmiller111020bt)
(Posted: November 10th 2020)
Commonwealth vs. Smith
11.9.2020
Marc F. Lovecchio
Criminal:
Motion in limine; bad acts testimony; timeliness of notice; prejudice due to close trial date; adequate legal grounds for bad acts evidence; evidence probative value far outweighed by potential for unfair prejudice
(Smith110920L)
(Posted: November 9th 2020)
Commonwealth vs. Lowmiller
11.4.2020
Marc F. Lovecchio
Criminal:
Appeal; motion to enforce plea agreement; offer rescinded before acceptance; considerations of fundamental fairness or the interests of justice; ineffective counsel; lack of prejudice
(Lowmiller110420L)
(Posted: November 9th 2020)
Eck vs. Boyd and Fowler
11.9.2020
Eric R. Linhardt
Civil:
Emergency motion to stay order of possession of rental property; effect of CDC order staying evictions for the non-payment of rent for "covered persons"; month-to-month lease; eviction for violation of lease terms; alleged pretextual reasons for eviction; statutory construction
(Eck110920Li)
(Posted: November 9th 2020)
Commonwealth vs. Alexander
11.26.2020
Marc F. Lovecchio
Criminal:
Post-sentence motion in arrest of judgment; sufficiency of evidence; criminality of conduct involving uttering or publishing text messages utilizing language suggesting a sexual encounter with a 15 year old
(Alexander102620L)
(Posted: November 5th 2020)
Commonwealth vs. Biichle
10.26.2020
Marc F. Lovecchio
Criminal:
Appeal; challenge to sentence that required prison sentence for DUI to be served consecutive to sentence imposed for separate DUI conviction; discretion of court; volume discount for crimes; consideration of sentencing factors
(Biichle102620L)
(Posted: November 5th 2020)
Civil:
Motion to compel discovery; access to records from Pennsylvania Prescription Drug Monitoring Program; confidentiality of data; statutory intent; merely duplicative information; access to downloaded copies of all plaintiff's social media postings; threshold showing of relevance; request stated with particularity necessary to avoid undue embarrassment and burden
(Harkey102720Li)
(Posted: November 5th 2020)
Commonwealth vs. Williams
11.4.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel; failing to request a psychiatric evaluation and failing to request a competency hearing; knowing, intelligent and voluntary guilty plea; admissions in guilty plea colloquy concerning lack of mental issues; duty of counsel to undertake reasonable investigations; adequacy of record without hearing
(williams110420L)
(Posted: November 4th 2020)