Commonwealth vs. Jones
11.3.2020
Nancy L. Butts
Civil:
Consolidation motion; evidence of each of the offenses would be admissible in a separate trial for the other; probative value of the evidence outweighs its potential for unfair prejudice; similarity of offenses; common scheme or plan to sell narcotics; judicial economy
(Jones110320bt)
(Posted: November 3rd 2020)
MA vs. JRH
10.28.2020
Joy Reynolds McCoy
Family:
Appeal; timeliness of appeal; use of hearsay statements of child in protection from abuse matter; tender years hearing; issue raised for first time on appeal; failure of statements of child to describe any criminal offenses; unavailability of child as witness
(ma102820m)
(Posted: October 30th 2020)
Adoption:
Petition by agency for involuntary termination of parental rights; children victims of neglect and physical abuse; 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; proof of repeated and continued incapacity, abuse, and neglect; serving the needs and welfare of the children; no existing beneficial bond with parents
(DD102920t)
(Posted: October 29th 2020)
Adams vs. Hasselman
10.28.2020
Ryan M. Tira
Family:
Appeal; competency of child witness; interview with judge demonstrating immaturity of minor child and the unreliability of testimony
(Adams102820t)
(Posted: October 28th 2020)
Leonard v Kershner
10.27.2020
Ryan M. Tira
Family:
Appeal of denial of protection from abuse order; credibility of witnesses; consideration of "indicated abuse" finding of department of children and youth; consideration of defendant's prior indecent assault conviction; admissibility of video by defendant where plaintiff opened the door by referring to the video in her testimony
(Leonard102720t)
(Posted: October 28th 2020)
Civil:
Preliminary objections; punitive damages in lack of informed consent claim; lack of informed consent pleaded as negligence claim; specificity of allegations
(fritz102820Li)
(Posted: October 28th 2020)
Commonwealth vs. Martin
10.27.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel for failure to call witness; presumption of effective counsel; prejudice to defendant; reasonable basis for decision not to call witness; failure to request mistrial for innocuous error of playing inadmissible recorded statement
(Martin102720L)
(Posted: October 27th 2020)
Commonwealth vs. Fisher
10.27.2020
Marc F. Lovecchio
Criminal:
Appeal; claimed manifestly excessive and unduly harsh sentence for probation violation; amenability to supervision; ignoring conditions and obligations of supervision
(Fisher102720L)
(Posted: October 27th 2020)
Civil:
Preliminary objections to new matter; affirmative defenses asserted as boilerplate legal conclusions; viability of case authority in light of rule revision; onus on plaintiffs to conduct extensive discovery to disprove factually unsupported allegations
(barnes102220Li)
(Posted: October 22nd 2020)
Civil:
Motion to change venue for forum non conveniens; forum selection clause; possibility of need for premises inspection; coordination of cases in Lycoming County; factors to be considered; potential delay of scheduled trial
(North101320t)
(Posted: October 14th 2020)
Hasselman vs. Adams
10.5.2020
Ryan M. Tira
Custody:
Appeal of protection from abuse determination; motion for stay of custody matter; impact of appeal on separate matter
(Hasselman100520t)
(Posted: October 13th 2020)
LRD Adoption
10.5.2020
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parental claim; no obstacles in Father's path that would prevent him from exercising his parental rights; non-appearance at hearing; no existing bond
(AdoptionofLRD109520m)
(Posted: October 6th 2020)
Commonwealth vs. Choice
10.2.2020
Marc F. Lovecchio
Criminal:
Commonwealth's motion to dismiss pretrial motions; timeliness of motions; issues addressed by court in deciding previous motion; interest of justice; newly retained counsel filing substantially similar motions; boilerplate motion
(Choice100220L)
(Posted: October 6th 2020)
TC vs. JC
10.5.2020
Joy Reynolds McCoy
Custody:
Appeal of interim custody order; failure to file rule 1925 statement; final order
(TC100520m)
(Posted: October 6th 2020)
Civil:
Preliminary objections; failure to attach police report to complaint in claimed hit and run accident; sufficiently of pleading of fraudulent or deceptive conduct under Unfair Trade Practices and Consumer Protection Law; failure to attach insurance contract to complaint; sufficiency of claim of bad faith where allegation is of failure to act;
(Kleinhans100220t)
(Posted: October 3rd 2020)
BJW Adoption
10.2.2020
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; grandparent adoption; settled purpose of relinquishing parental claim; non-appearance at hearing; no existing bond
(AdoptionofBJW100220m)
(Posted: October 3rd 2020)
Walther vs. Walther
9.28.2020
Ryan M. Tira
Custody:
Motion for reconsideration and for new trial of custody complaint; authentication of text messages; credibility issues; relevancy of drug testing on date of hearing where issue is drug use in the past
(Walther092820t)
(Posted: September 28th 2020)
Milhouse vs Rajjoub
9.25.2020
Ryan M. Tira
Civil:
Motion for extension to file certificate of merit in medical malpractice suit involving prisoner; request for waiver; failure to show good cause
(Millhouse092520t)
(Posted: September 25th 2020)
Snyder vs. Snyder
9.24.2020
Ryan M. Tira
Divorce:
Application of divorce settlement agreement; reasonableness of costs associated with sale of marital residence
(Snyder092420t)
(Posted: September 25th 2020)
In Re Bean
9.25.2020
Marc F. Lovecchio
Criminal:
Petition for review of private criminal complaint disapproval; claimed assault of prison resident by correctional officers; disapproval based on a hybrid of legal and policy considerations; discretion of district attorney; sanctions for delayed response to petition
(bean092520L)
(Posted: September 25th 2020)
Commonwealth vs. Jackson
9.10.2020
Marc F. Lovecchio
Criminal:
Habeas corpus petition; hearsay evidence to establish prima facie case; sufficiency of evidence of delivery of a controlled substance
(Jackson091020L)
(Posted: September 25th 2020)
Commonwealth vs. Hill
9.10.2020
Marc F. Lovecchio
Criminal:
Writ of Quo Warranto/Prohibition/Error addressed as petition under the post-conviction relief act; eligibility to file petition; defendant no longer serving a sentence; issues previously litigated or waived; constitutionality of serving a sentence requirement
(Hill091020L)
(Posted: September 25th 2020)
Civil:
Preliminary objections; interpretation of contract; mandatory mediation clause; waiver by failing to timely raise issue in first filed preliminary objections; failure to attach written agreement to complaint; effect of defendant's scheduling of a deposition on attempt to enforce mediation clause
(Fenstamaker092220m)
(Posted: September 23rd 2020)
Lehman vs. Smith & Lehman
9.22.2020
Eric R. Linhardt
Civil:
Non-jury verdict; quiet title action; hearsay evidence; ancient document exception; sufficiency of evidence of authenticity of history book or testimony ensuring reliability of the documents; claimed easement by estoppel over roadway; irrevocable license; substantial expenditure in reliance on license; contract interpretation; indemnification obligation
(Lehman092220Li)
(Posted: September 22nd 2020)
Commonwealth vs. Smith
9.21.2020
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle search; probable cause; items commonly used to process and package cocaine in plain view; sufficiency of affidavit of probable cause for search warrant; ignoring misstatements in affidavit where the remaining statements provide sufficient probable cause; reliability of informants
(Smith092120L)
(Posted: September 21st 2020)
Civil:
Petition to compel arbitration; Pennsylvania Uniform Arbitration Act; waiver by participating in pleading and motions practice, and by engaging in discovery; requesting arbitration only as an alternative to its preferred option of winning a favorable ruling from the trial court
(Danko091420L)
(Posted: September 16th 2020)
MA (Mother) vs. JH
9.9.2020
Ryan M. Tira
Family:
Protection from abuse hearing; competency of child to testify; admissibility of child's hearsay statement; susceptibility to suggestions made by the questioning
(MA090920t)
(Posted: September 12th 2020)
Commonwealth vs. Artley
9.11.2020
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficient evidence to establish attempted murder; specific intent requirement; firing a deadly weapon out of a vehicle at a group of four individuals; recklessly endangers another person; prima facie case
(Artley091120BT)
(Posted: September 12th 2020)
Civil:
Preliminary objections; mechanics lien claim; impact of stipulation against liens; contract interpretation; intent of parties
(Rand090820t)
(Posted: September 9th 2020)
Commonwealth vs. Lane
9.8.2020
Ryan M. Tira
Criminal:
Motion in limine; bad acts evidence; admissibility of nolo contendere plea; evidence of similar criminal episode; balancing probative value of evidence of prior bad acts against its prejudicial impact; establishing intent, absence of mistake or lack of accident
(Lane090820t)
(Posted: September 9th 2020)
Civil:
Preliminary objections to amended complaint; duty of care under the Pennsylvania Health Care Facilities Act and the common law to develop and implement policies and
procedures to restrict access to protected health information; private cause of action under act; negligence per se; sufficiency of complaint to plead negligent supervision claim; notice of prior conduct; rule against serial objections; statute designed to protect the public generally; violation of unfair trade practices act with claimed deceptive material in privacy notice; punitive damages claim based on conclusory allegations; motion to compel deposition of HIPAA Compliance/Privacy Officer because of specific instance of unrelated, improper disclosure of medical records; discovery that is overbroad, vague, unduly burdensome, and unreasonably invasive of the private medical information; motion to strike preliminary objections due to late receipt of brief by opposing counsel because of mail delay; use of email to serve filed documents
(Fausnaught090920Li)
(Posted: September 9th 2020)
Commonwealth vs. Wilcox
9.3.2020
Nancy L. Butts
Criminal:
Post conviction relief act petition; factually meritless argument about failure of trial counsel to introduce certain records at trial, that did not contradict harmful evidence used at trial; issues already litigated on appeal; tender years doctrine and admissibility of forensic interview
(Wilcox090320BT)
(Posted: September 8th 2020)
Criminal:
Appeal
(Saldivar090420t)
(Posted: September 6th 2020)
Muffley vs. Hall
9.4.2020
Ryan M. Tira
Custody:
Appeal; petition to be permitted to attend school district outside of guardians' residence; discretion of school board to
permit a non-resident student to attend its public schools; authority of court to require school district to enroll a child, other than in district in which child resides
(Muffley090420t)
(Posted: September 6th 2020)
Commonwealth vs. Coleman
9.4.2020
Marc F. Lovecchio
Criminal:
Appeal; sufficiency of evidence; waiver due to failure to specify offence where evidence is claimed to be insufficient; evidence of intentional killing; weight of evidence; jury's possession of claimed inflammatory photos during deliberations; discretion of the court; refusal to give failure to call potential witness instruction; unavailability of witnesses; witness must only be available to Commonwealth; exceptions; preclusion of claimed exculpatory testimony; hearsay exception; corroborating circumstances clearly indicating statement's trustworthiness
(coleman090420L)
(Posted: September 6th 2020)
Commonwealth vs. Tate
9.2.2020
Ryan M. Tira
Criminal:
Motion to reconsider sentencing; conformity to plea agreement; mistaken sentence
(Tate090220t)
(Posted: September 5th 2020)
Commonwealth vs. Johnson
9.4.2020
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause for search; facially invalid search warrant; material misstatements; burden of proof
(Johnson 090420L)
(Posted: September 5th 2020)
Civil:
Summary judgment motion; defamation claim; failure to renew wrestling coach contract; umanswered requests for admission; governmental immunity; actual malice; truth as complete and absolute defense; failure to file motion to withdraw admissions
(harer081920Li)
(Posted: September 3rd 2020)
MA vs. JRH
8.31.2020
Joy Reynolds McCoy
Family:
Motion to admit hearsay statements under Tender Years Hearsay Act; applicability of act; factors to be considered; statements describing criminal offenses; availability of child to testify; capacity of 4 year old to testify
(MA083120m)
(Posted: September 1st 2020)
Criminal:
Motion in limine to preclude alibi defense; timeliness; prejudice to Commonwealth; remedy
(Billups082820t)
(Posted: September 1st 2020)
Commonwealth vs. DeGarmo
8.25.2020
Nancy L. Butts
Criminal:
Motion in limine; valid waiver of Miranda rights; claimed intellectual disability; burden of proof; considerations involved with evaluating voluntariness of statements to police; totality of the circumstances; lack of evidence of a serious mental disability
(Degarmo082420BT2)
(Posted: August 25th 2020)
Commonwealth vs. DeGarmo
8.25.2020
Nancy L. Butts
Criminal:
Motion in limine; admissibility of only one side of voice messages from Facebook Kids Messenger; impact of evidence rule 106 to attempt to introduce a portion of a recorded statement; complaint of prejudice due to an incomplete record where complaining party has exclusive access to the missing portion
(Degarmo082520BT)
(Posted: August 25th 2020)
Frye vs. Frye
8.25.2020
Ryan M. Tira
Divorce:
Petition to set aside property settlement agreement; applicability of traditional principles of contract law; duty to read contract before signing; burden to prove that fraud, duress, or misrepresentation
(Frye082520t)
(Posted: August 25th 2020)
HS vs. HB
8.20.2020
Joy Reynolds McCoy
Family:
Appeal of denial of protection from abuse order; claimed children's fast track appeal; determination of whether victim is in reasonable fear of imminent serious bodily injury; credibility determinations; weight of the evidence
(hs082020m)
(Posted: August 24th 2020)
MD Adoption
8.19.2020
Joy Reynolds McCoy
Adoption:
Petition by agency 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; parent who fails to take advantage of visitation; incarceration; drug use; inability to provide a loving and stable home; no relationship between the child and father
(AdoptionofMD081920m)
(Posted: August 20th 2020)
Commonwealth vs. Gehr
7.30.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; timeliness; waiver of claims of sentencing defect
(gehr073020L)
(Posted: August 17th 2020)
Criminal:
Post sentence motion; sentencing objections; applicability of mandatory minimum sentence for repeat sexual offenders; opportunity to reform; excessive sentence; discretion of court to sentence concurrently or consecutively; series of actions comprised of distinct sexual offenses; diminishing seriousness of separate offenses
(Lowmiller081320BT)
(Posted: August 13th 2020)
Commonwealth vs. Coleman
8.12.2020
Marc F. Lovecchio
Criminal:
Appeal of murder conviction; instructing jury on elements of burglary where defendant not charged with burglary, but was charged with second-degree murder; recusal request; burden to establish bias, prejudice or unfairness that affects impartiality; claimed relationship of someone in probation office to a victim; mandatory sentence; motion for change of venue or venire; lack of evidence of pretrial publicity; waiver by refusing jury trial; showing of actual prejudice
(coleman081220L)
(Posted: August 12th 2020)
Wilmington Savings Fund Society, FSB, D/b/a Christiana Trust Not in its Individual Capacity but Solely as Trustee for Bantam Funding Trust 2018-1 vs. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title, or Interest from or under John R. Drevenak, Deceased and Thomas J. Drevenak, Known Heir of John R. Drevenak, Deceased
8.11.2020
Ryan M. Tira
Civil:
Summary judgment motion; mortgage foreclosure; proper notice; lack of fact issues
(Wilmington081120t)
(Posted: August 12th 2020)
Longo vs. Mosher
8.12.2020
Ryan M. Tira
Custody:
Custody modification; motion for special relief; notice of hearing; claim that scheduling order not received where party had actual notice from participation in pretrial conference; prejudice
(Longo081120t)
(Posted: August 12th 2020)
Commonwealth vs. Kapp
8.10.2020
Nancy L. Butts
Criminal:
Motion to dismiss; sufficiency of evidence of count of driving under influence of controlled substance; timeliness of motion; prima facie case; police officers observations and circumstantial evidence supporting charges
(Kapp081020BT)
(Posted: August 11th 2020)
AL vs. DD
8.10.2020
Joy Reynolds McCoy
Civil:
Appeal; attempt to relitigate issues already on a separate appeal; weight of evidence for finding of contempt
(DD081020m)
(Posted: August 10th 2020)
Criminal:
Consolidation motion; evidence of one offense is admissible
at trial for another offense; Evidence of one offense is admissible at trial for another offense; timeliness of motion; judicial economy
(bradshaw080620Bt)
(Posted: August 6th 2020)
Commonwealth vs. Kiessling
8.5.2020
Marc F. Lovecchio
Criminal:
Motion to dismiss for speedy trial violation; uncommonly long delay; requests by counsel for continuances imputed to defendant; justifiable delay related to COVID-19 pandemic; prejudice attributable to Commonwealth
(kiessling080529L)
(Posted: August 5th 2020)
Commonwealth vs. Jones
6.26.2020
Marc F. Lovecchio
Criminal:
Suppression motion; probable cause to issue warrant; search of home after defendant observed leaving home to sell heroin
(jones072620L)
(Posted: August 4th 2020)
Civil:
Summary judgment motion; political sub-division immunity; applicability of immunity to independent contractor hired to perform building code inspections
(meyer072820Li)
(Posted: July 29th 2020)
Civil:
Declaratory judgment action seeking declaration that potential underlying tort action is not barred by wage claim settlement; preliminary objections; suitability of declaratory judgment action to address issues in anticipation of events that may never occur
(Bardo072820Li)
(Posted: July 28th 2020)
Commonwealth vs. Lincoln
7.28.2020
Marc F. Lovecchio
Criminal:
Motion to consolidate; evidence of each of separate offense admissible in separate trial for the other to show identity, intent, common plan or scheme, and res gestae or history or development of case; discretion of court; judicial economy; ability of jury to separate charges; prejudice by sheer number of cases; overlapping evidence
(Lincoln072820L)
(Posted: July 28th 2020)
Stackhouse vs. Gordner
7.24.2020
Ryan M. Tira
Civil:
Summary judgment motion; claimed undue influence in transfer of property; confidential relationship; claimed weakened intellect; unjust enrichment; statute of limitations; discovery rule (order amended July 27, 2020)
(Stackhouse072420t)
(Posted: July 24th 2020)
Flick vs. Flick
7.24.2020
Ryan M. Tira
Divorce:
Divorce; contempt petitions; interpretation of memorandum of understanding related to distribution of property; fairness of property split; mutual mistake; collateral estoppel; compelling a party to take steps to enter divorce decree where delay is hindering transfer of asset; allocation of real estate tax obligation; attorney fees
(Flick072420t)
(Posted: July 24th 2020)
Commonwealth vs. Young
7.23.2020
Nancy L. Butts
Criminal:
Prima facie case of conspiracy to deliver; defendant providing transportation to and being present for drug transaction
(Young072320BT)
(Posted: July 23rd 2020)
Commonwealth vs. Perez
7.23.2020
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel for failure to preserve claim of improperly admitted evidence; opening the door to inadmissible evidence by raising the issue in cross-examination; reasonable basis for not pursuing claim on appeal; meritless claim; narrowing issues on appeal; prejudice
(Perez072320BT)
(Posted: July 23rd 2020)
Commonwealth vs. Martin
7.20.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; unavailability of witness due to memory loss; applicability of forfeiture by wrongdoing doctrine to both direct and cross examination; waiver by failure to attempt to call witness at trial; discretion of court in admitting relevant testimony; hearsay; out-of-court statement offered to explain a course of conduct; prejudice; claim of judge shopping due to district attorney's request that a senior judge be removed from presiding in criminal cases; issues previously litigated; standard for recusal; failure to seek mistrial for prejudicial statement from tape; prejudice for failure to call witness; after discovered evidence that could have been obtained before trial; proprietorial argument encouraging a jury to send a message to the defendant
(martin072020L)
(Posted: July 20th 2020)
Lapp vs. Lapp
7.15.2020
Eric R. Linhardt
Civil:
Non-jury verdict; appeal from landlord tenant decision; jurisdiction of court to hear counterclaim; termination of supersedeas;for failure to pay rent; credibility of witnesses concerning circumstances of lease; failure of proof on counterclaim
(Lapp071520Li)
(Posted: July 15th 2020)
Commonwealth vs. Irvin
7.13.2020
Nancy L. Butts
Criminal:
Motion to modify sentence; applicability of reporting requirement of 2018 version of SORNA to 2011 offenses; ex post facto law; punitive intent of statute; annual reporting requirements unchanged under new statute; constitutionality of internet dissemination provisions; severability; rational nonpunitive purpose of registration to protest the public; weighing of factors
(Irvin071320BT)
(Posted: July 14th 2020)
Commonwealth vs. Kiessling
7.13.2020
Marc F. Lovecchio
Criminal:
Commonwealth's motion to consolidate; offenses involving criminal solicitation and child pornography; common plan or scheme; propensity evidence; potential for danger for unfair prejudice
(Kiessling071320L)
(Posted: July 13th 2020)
Civil:
Summary judgment motion; slip and fall case; applicability of Nanty-Glo rule; deposition testimony of interested party; duty of landlord out of possession; reserved control exception; fact issues for jury
(Lloyd070920l)
(Posted: July 9th 2020)
Walther vs. Walther
7.7.2020
Eric R. Linhardt
Custody:
Motion to release file; attorney's retaining lien; waiver by partial surrender of the file; enforcement of disciplinary rule where rule conflicts with the common law; applicability of exception to retaining lien, where there are no allegations of just cause or that fees are exorbitant
(Walther070720Li)
(Posted: July 9th 2020)
Cohick vs Mazza and Wright
7.7.2020
Eric R. Linhardt
Civil:
Landlord tenant appeal; warranty of habitability defense; non-jury trial; credibility of testimony where documentary evidence is referenced but not produced; failure of party to appear to support testimony; ability to pursue statutory claims where counterclaims not appealed from arbitration decision; assessment of damages
(Cohick070720Li)
(Posted: July 7th 2020)
Civil:
Preliminary objections; wrongful termination claim; clear mandate of public policy; employer demand that plaintiff lie to police about assault in workplace; at-will employment presumption; termination for refusing to commit a crime; punitive damages pled as separate count; specificity of complaint
(welliver070720Li)
(Posted: July 7th 2020)
Civil:
Preliminary objections; wrongful termination claim; clear mandate of public policy; victim of crime in workplace; at-will employment presumption; claimed self defense; punitive damages pled as separate count; specificity of complaint
(temple070720Li)
(Posted: July 7th 2020)
Commonwealth vs. Williams
5.26.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; response to notice of intention to dismiss with multiple new exhibits and more detailed argument; entitlement to hearing
(williams052620L)
(Posted: July 5th 2020)
LPK Adoption
6.30.2020
Joy Reynolds McCoy
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; non-appearance at hearing; no existing bond
(AdoptionofLPK063020m)
(Posted: July 1st 2020)
Civil:
Summary judgment motion; competing claims for oil and gas rights; overlapping land grants; validity of Commonwealth's purported conveyance of land that had already been conveyed; validity of double assessment of taxes; effect of tax sale of invalidly granted land; subjecting void tax sale to statutory redemption period; laches; mere passage of time without prejudice; consideration of facts alleged only in brief; constructive notice of competing interest in land at time of purchase where act creating interest is void ab initio; consideration of expert reports to bar summary judgment
(Southwestern063020Li)
(Posted: June 30th 2020)
JE vs. ET
6.24.2020
Joy Reynolds McCoy
Custody:
Preliminary objections to custody complaint; standing of unrelated paramour of mother to seek custody; standing in loco parentis to child; authority to make decisions concerning health, education, or welfare of child; lack of formal adoption;
standing in loco parentis to a child in defiance of natural parent's wishes
(je062420m)
(Posted: June 25th 2020)
Commonwealth vs. Young
6.25.2020
Nancy L. Butts
Criminal:
Defendant's motion to be removed from DUI Court program; out of county work; compliance under an approved plan
(Young062520BT)
(Posted: June 25th 2020)
Commonwealth vs. Smith
6.17.2020
Nancy L. Butts
Criminal:
Appeal; refusal to exclude cell phone evidence; timeliness of the disclosure of results of search of phone; no request for continuance of trial; information obtained from phone by police from incoming call, where police did not manipulate the phone; plain view doctrine
(Smith061720BT)
(Posted: June 17th 2020)
Commonwealth vs. Brown
6.9.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel; involuntary, unintelligent and unknowing guilty plea; factual basis for his guilty plea; potential defense to claim; need for a hearing
(Brown060920L)
(Posted: June 10th 2020)
Commonwealth vs. Stuart
6.5.2020
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence of forcible compulsion for rape case; mentally disabled victim; threat to evict from home; sufficiency of evidence of strangulation where mouth is covered, impeding breathing; sufficiency of evidence of mental disability; inability of victim to perform some tasks of everyday living; suppression motion; custodial interrogation; ability to leave without being stopped by officers
(Stuart060520BT)
(Posted: June 9th 2020)
Criminal:
Restitution determination; speculative amount; testimony about amounts incurred for vehicle damage; costs of transportation to work
(Lawrence060820BT)
(Posted: June 9th 2020)
Criminal:
Appeal
(Bowery060220t)
(Posted: June 3rd 2020)
JDS, II Adoption
6.1.2020
Joy Reynolds McCoy
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; non-appearance at hearing; no existing bond
(AdoptionofJDSII060120)
(Posted: June 2nd 2020)
Civil:
Summary judgment motion; discovery sanction for failure to respond to discovery requests; extreme circumstances required for court to enter judgment as discovery sanction; prejudice ot moving party
(North052920t)
(Posted: May 29th 2020)
Commonwealth vs. Bird
5.29.2020
Ryan M. Tira
Criminal:
Post conviction relief act petition; habitual offender status; claimed excessive sentence; sentencing under a plea agreement; sentence within the statutory maximum
(Bird052920t)
(Posted: May 29th 2020)
PRGB Adoption
5.29.2020
Joy Reynolds McCoy
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; non-appearance at hearing; no existing bond
(AdoptionofPRGB052920m)
(Posted: May 29th 2020)
Commonwealth vs. Bean
5.26.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel; failure to seek suppression of phone records of defendant's location at particular times; sufficiency of search warrants; counsel ineffective for failing to predict developments or changes in law; failure to request charge on the voluntariness of defendant's statements to police where there is no evidence that the statements were involuntary; proof of prejudice; probability that verdict would have been different
(bean052629L)
(Posted: May 27th 2020)
Milhouse vs Rajjoub
5.21.2020
Ryan M. Tira
Civil:
Certificate of merit requirement; entitlement to court appointed counsel; previously litigated issues; extension to file certificate of merit due to COVID-19
(Millhouse052120t)
(Posted: May 22nd 2020)
Civil:
Preliminary objections; contract claim; enforceability of forum selection clause; reasonableness of Texas forum; contract of adhesion; unconscionability of business contract; interpretation of claimed irreconcilable clauses of contract
(Keystone051520L)
(Posted: May 17th 2020)
Commonwealth vs. Cobb
5.8.2020
Marc F. Lovecchio
Criminal:
Appeal; waiver of issues for failure to file rule 1925 statement; sufficiency of evidence of drug possession; inconsistent testimony; certification of lab report in lieu of testimony; lack of written demand for testimony; waiver by failing to timely object
(cobb050820L)
(Posted: May 14th 2020)
Commonwealth vs. Drummond
5.13.2020
Nancy L. Butts
Criminal:
Post conviction relief act petition; intelligent, voluntary, and knowing guilty plea, terms of plea agreement; boot camp eligibility
(Drummond051320Bt)
(Posted: May 13th 2020)
Civil:
Summary judgment motion; age discrimination claim; time for filing a Human Relations Act claim; equitable tolling of statute of limitations; application of mailbox rule; presumption of timely mailing; claim of timely mailing supported by testimony alone
(mcaleer051320Li)
(Posted: May 13th 2020)
Criminal:
Post sentence motion; introduction of autopsy report in competency hearing where the court did not rely on the report in making a decision on competency; scope of questioning on cross examination; sufficiency of evidence to sustain conviction for murder, robbery or burglary; relevancy of belief that building is abandoned; defense of necessity; evidence of specific intent to kill; use of deadly weapon; weight of evidence; shocking the court's conscience; guilty but mentally ill; failure to raise defense of insanity
(Norby-Vardac050820BT)
(Posted: May 8th 2020)
Commonwealth vs. Steadley
4.30.2020
Marc F. Lovecchio
Criminal:
Appeal; violation of intermediate punishment sentence; failure to follow the rules; sentence revocation and sentencing to state prison; amenability to continued supervision through IP program; conduct evidencing minimization of misbehavior and misrepresentation of conduct; repeated failure to follow the rules; harsh and excessive sentence; inapplicability of sentencing guidelines; consideration of severity of the crime and character and rehabilitative needs of defendant
(Steadley043020L)
(Posted: May 5th 2020)
Commonwealth vs. Coleman
5.5.2020
Marc F. Lovecchio
Criminal:
Post sentence motion; propriety of court's charge on murder where record does not support claim that the clarge was improperly given; weight of the evidence; verdict contrary to evidence as to shock one's sense of justice
(Coleman050520L)
(Posted: May 5th 2020)
KFO Adoption
4.24.2020
Joy Reynolds McCoy
Adoption:
Appeal
(KFO042429M)
(Posted: April 24th 2020)
Commonwealth vs. Williams
4.23.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; counsel's failure to request a line-up; guilty plea as waiver of all defects and defenses except those concerning plea validity; factual support for allegations in petition; knowing, intelligent and voluntary guilty plea
(williams042320L)
(Posted: April 23rd 2020)
Commonwealth vs. Williams
4.9.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; waiver of defects and defenses by plea of guilt; arguable merit of claim where the factual averments, if accurate, could establish cause for relief; requirement of factual hearing
(williams040920L)
(Posted: April 9th 2020)
Commonwealth vs. Steadley
4.9.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; waiver of defects and defenses by plea of guilty; knowing, intelligent and
voluntary guilty plea; prejudice
(Steadley040920L)
(Posted: April 9th 2020)
Commonwealth vs. Bean
4.9.2020
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; ineffective counsel; failure to request jury charge on lack of a prompt complaint in a rape case; prejudice in case involving unconscious victim; failure to appeal denial of severance; discretion of court; duty of counsel to raise all non-frivolous claims on appeal
(Bean040920L)
(Posted: April 9th 2020)
Commonwealth vs. Coleman
4.7.2020
Marc F. Lovecchio
Criminal:
Post sentence motion; admissibility of confession; corpus delicti; independent evidence to suggest that a crime has
occurred; proof of crime beyond reasonable doubt before statement is admitted; weight of the evidence; verdict shocking to court's sense of justice; sentencing discretion' consideration of sentencing factors
(coleman040720L)
(Posted: April 7th 2020)