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:
Appeal; finality of order on preliminary objections, refusing to enforce arbitration clause of contract; order appealable by right; failure to request permission to take appeal
(Zentner062521t)
(Posted: June 29th 2021)
Custody:
Petition to intervene in custody case; standing of paternal aunt; substantial and sincere interest in welfare of the child; meeting applicable statutory standards
(Eck062121t)
(Posted: June 29th 2021)
Criminal:
Suppression motion; authority of juvenile judge to overrule decision in criminal court involving same circumstances; coordinate jurisdiction rule; ruling pending but not yet issued; full and fair opportunity to present evidence at hearing
(SC060921m)
(Posted: June 29th 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
(AdoptionofCL062321m)
(Posted: June 28th 2021)
Criminal:
Suppression motion; reasonable suspicion for vehicle stop; vehicle code violation; failure to use headlights
(Stevenson061421bt)
(Posted: June 24th 2021)
Criminal:
Motion to be removed from SORNA; applicability of Supreme Court Muniz decision; violation of ex post facto clauses of the Pennsylvania and United States Constitutions; presumption of validity of statute; evidentiary support to refute presumption of recidivism
(Askey062221L)
(Posted: June 22nd 2021)
Criminal:
Motion for Frye hearing relating to a board certified child abuse pediatrics physician; generally accepted methodology
(Friend060921b)
(Posted: June 20th 2021)
Criminal:
Appeal; sentencing discretion; revocation of probation based on new conviction; waiver of sentencing issue not raised in post-sentence motion or by presenting claim to court during sentencing proceedings
(Degarmo060921bt)
(Posted: June 19th 2021)
Divorce:
Petition for annulment; void marriage where one party is already married; voidable marriage here one party was induced to enter into marriage due to fraud; where one party is already married and was induced to enter into a second marriage due to misrepresentations, the marriage is both void and voidable
(Farley061421t.pdf)
(Posted: June 19th 2021)
Criminal:
Bench trial; unavailability of confidential informant to testify; name of informant first disclosed during trial; request for continuance of trial so witness may be procured
(Rush060421t)
(Posted: June 11th 2021)
Criminal:
Habeas corpus petition; sufficiency of evidence of attempted rape; specific intent; actions and words demonstrating intent; slapping a woman as evidence of a substantial step toward commission of rape; clothing removal as a necessary element of attempted rape
(Scott060121bt.pdf)
(Posted: June 7th 2021)
Schnaufer vs. Stutzman, Donato, Williamsport Obstetrics and Gynecology, P.C., The Williamsport Hospital, Susquehanna Health System and Miele
5.27.2021
Eric R. Linhardt
Civil:
Motion in limine; admissibility of background information about physicians designed only to humanize the physician and to engender sympathy; background testimony relevant to witness's competency and credibility; objectionability of witness humanizing; evidence of heroic efforts of health care workers during COVID-19 pandemic, allowability of comments by counsel that they are "proud" or "honored" to represent their respective clients; relevance of testimony about a physician's exercise of judgment; relevance of plaintiff's child endangerment conviction
(Schnaufer052721Li)
(Posted: June 7th 2021)
Criminal:
Motion in limine; admission of evidence of a crime, wrong,
or other act; common scheme, plan or design; balancing test; potential for unfair prejudice; admissibility of text messages detailing past sex with another minor
(Harris060221t)
(Posted: June 3rd 2021)
Custody:
Petition to intervene in custody matter; parties standing in loco parentis to the child
(Force052521t)
(Posted: June 1st 2021)
Civil:
Preliminary objections; Uniform Fraudulent Transfer Act claim relating to existing equitable rights; recovery of monetary damages; applicability of statute of frauds; affirmative defense raised in preliminary objection; enforceability of oral contracts relating to land that in fact were made; promissory estoppel and unjust enrichment claims not based on the existence of a contract; measure of damages in an unjust enrichment action; cost of improvements as evidence of value of the benefit conferred; jury trial in equity case
(Harris052521t)
(Posted: June 1st 2021)
Criminal:
Habeas corpus petition; sufficiency of evidence of theft by receiving stolen property; mere possession of stolen property
(Jones052521bt)
(Posted: May 29th 2021)
Custody:
Discovery motion to compel production of mother's employment and medical records; consideration of complexity of case; relevance; court's obligation to consider the use of medical marijuana in custody determination
(forsyth051921t)
(Posted: May 28th 2021)
Criminal:
Post-conviction relief act petition; ineffective counsel claim; voluntary intoxication as defense to assault crimes
(Strickland052521L)
(Posted: May 27th 2021)
Criminal:
Motion in limine; relevance in murder case that defendant was attempting to "cheat on" his wife, the victim; relevance of evidence; evidence of prior bad acts; evidence is relevant to the defendant's motives; prejudice outweighing probative value; impact or weight of testimony
(Heck052521L)
(Posted: May 25th 2021)
Criminal:
Suppression motion; probable cause to search vehicle; odor of marijuana; claimed exigent circumstances to search backpack; substantiation of claim that there was emergency requiring a search for officer safety, to prevent further crime or the destruction of evidence; voluntariness of consent to search; sufficiency of affidavit of probable cause for search warrant founded on the basis of illegally obtained evidence
(Smith051321bt)
(Posted: May 24th 2021)
Criminal:
Post conviction relief act petition; claimed ineffective counsel for failing to call additional character witnesses at trial; determination of reasonable basis for trial counsel decision not to call witnesses, where attorney does not testify; admissibility of witness's opinion as to the character or character trait of a person; proof of prejudice
(chestnut051721L)
(Posted: May 24th 2021)
Criminal:
Appeal; waiver of issues not raised in lower court; binding nature of Supreme Court authority; preserving issue of untimeliness via answer to motion; guilty plea as waiver of suppression issues; jurisdiction of court to grant untimely motion; obligation of court to act without the filing of a motion; ability of LLC to proceed in court without attorney; dismissal of petition filed pro se while defendant represented by counsel
(best051121L)
(Posted: May 24th 2021)
Criminal:
Habeas corpus petition; sufficiency of evidence; circumstantial evidence; failure of confidential informant to testify at preliminary hearing; hearsay testimony; additional evidence necessary to sustain Commonwealth burden
(Hairston051921bt)
(Posted: May 24th 2021)
Criminal:
Suppression motion; probable cause for vehicle stop; violation of vehicle code; probable cause for arrest; totality of circumstances; legality of search incident to arrest; custodial interrogation; warrantless search of vehicle; exigent circumstances; consent to search
(Young051921bt)
(Posted: May 24th 2021)
Civil:
Preliminary objections; valid and enforceable arbitration agreement; contract interpretation; single document contract integration rule for consumer finance contracts
(Zentner051821t)
(Posted: May 19th 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
(AdoptionofAS051021m)
(Posted: May 11th 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; intentional choice to prioritize other things in life over care of children; no existing bond
(AdoptionofOS051021m)
(Posted: May 11th 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; intentional choice to prioritize other things in life over care o children; no existing bond
(AdoptionofHS051021m)
(Posted: May 11th 2021)
Civil:
Preliminary objections to new matter; fact pleading; all-encompassing averment incorporating entire body of Pennsylvania Motor Vehicle Financial Responsibility Law; reservation of right to raise additional affirmative defenses; specificity; fairness
(Kremser043021t)
(Posted: May 11th 2021)
Custody:
Standing of grandparent to participate in custody matter; changed circumstances; dismissal of grandparent from action upon agreement of parents
(Casale050621t)
(Posted: May 11th 2021)
Criminal:
Motion to dismiss habeas corpus petition; waiver of preliminary hearing
(Rinker050721bt)
(Posted: May 11th 2021)
Criminal:
Habeas corpus petition; sufficiency of evidence of delivery of drugs; failure of confidential informant to testify at preliminary hearing; sufficiency of additional evidence from police officers to support use of hearsay evidence; impeachment of informant's testimony at motion hearing related to use of drugs and addiction
(Delong050421bt)
(Posted: May 10th 2021)
Criminal:
Habeas corpus petition; sufficiency of evidence of possession with intent to deliver; reliance on hearsay at preliminary hearing; some additional extraneous evidence; suppression motion; anticipatory search warrant; probable cause; level of certainty that triggering condition will be met; presumption of validity of affidavit supporting search warrant; sufficiency of affidavit without consideration of false information
(White050321bt)
(Posted: May 8th 2021)
Adoption:
Petition by agency for involuntary termination of parental rights; failure to perform parental duties; incapacity to perform parental duties; lack of contact with the agency; serving the needs and welfare of the children; no existing bond with parents
(AdoptionofNR050421m)
(Posted: May 4th 2021)
Criminal:
Habeas corpus petition; sufficiency of evidence of conspiracy to distribute drugs and possession of a firearm; constructive possession; suppression motion; consent to search; authority of owner of vehicle to consent to search of vehicle, including backpack in trunk; implied consent; reasonable suspicion for vehicle stop; observations of involvement in criminal activity
(Turner042921L)
(Posted: April 29th 2021)
Criminal:
Suppression motion; standing of person charged with a possessory offense to suppress evidence; reasonable expectation of privacy; abandonment of gun
(washington042821L)
(Posted: April 28th 2021)
Criminal:
Post conviction relief act petition; after-discovered evidence; credibility of prosecuting officer who was subsequently charged with false statements in separate case; admissible evidence; examination of officer on misconduct related to the underlying criminal charges; probative value
(Bond042821L)
(Posted: April 28th 2021)
Criminal:
Appeal; timeliness of sentencing; time required for assessment of person convicted of a sexually violent offense
(Sumit042821L)
(Posted: April 28th 2021)
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)
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)
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)
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)
Criminal:
Reconsideration motion; timeliness; reopening decision to argue a different legal theory; policy against perpetuating an erroneous ruling
(Wilson042221L)
(Posted: April 22nd 2021)
Criminal:
Habeas corpus petition; sufficiency of evidence of conspiracy to distribute drugs; totality of the circumstances
(Davis042221L)
(Posted: April 22nd 2021)
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)
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)
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)
Williams vs. Bitler, Williams, Lycoming Supply, Inc., Kamatoma East, LTD., & Lycoming Construction Services, LLC.
4.19.2021
Eric R. Linhardt
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
Edenfield vs. ECM Energy Services, Inc., A Corporation AdTrak 360, Higgins, Wahl & Pfleegor
3.16.2021
Eric R. Linhardt
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)
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)
Armstrong Township vs. Lycoming County Board of Assessment Appeals and Choice FuelCorp, Inc.
3.11.2021
Ryan M. Tira
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)
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)
Criminal:
Suppression motion; knowing, intelligent and voluntary waiver of Miranda rights and right to counsel; motion to sever
(Harris030421bt)
(Posted: March 9th 2021)
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)
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)
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)
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)
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)
Cosentine vs. Burch, The Smith-Burch Agency, LLC and The Farmers Fire Insurance Company
2.25.2021
Eric R. Linhardt
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)
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)
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)
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)
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)
Criminal:
Motions for return of property; timeliness; waiver by Commonwealth by asserting a defense
(best021021L)
(Posted: February 23rd 2021)
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)
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)
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)
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)
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)
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)
Divorce:
Contempt petition; dispute concerning QDRO preparation and language
(McCarty012921t)
(Posted: February 2nd 2021)
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)
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)
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)
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