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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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)
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)
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)
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)
Criminal:
Suppression motion; warrantless vehicle search; lack of exigent circumstances; ability of Commonwealth to predict change in law
(Shadd011921bt)
(Posted: January 19th 2021)
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)
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)
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)
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)
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)
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)
Criminal:
Post conviction relief act petition; timeliness; waiver
(Boone121520L)
(Posted: December 15th 2020)
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)
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)
Family:
Appeal of denial of protection from abuse order; credibility of witnesses
(Hill120920t)
(Posted: December 11th 2020)
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)
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)
Evans vs. Lavallee, Pastore, Adkins, Williamsport Hospital; UPMC Susquehanna; Anesthesia Associates
12.2.2020
Eric R. Linhardt
Civil:
Preliminary objections; punitive damage claim in medical malpractice case
(Evans120120t)
(Posted: December 2nd 2020)
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)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court
(Mead112320L)
(Posted: November 23rd 2020)
Criminal:
Second post conviction relief act petition; timeliness; jurisdiction; already served sentence; claims previously litigated or waived
(Lattimore112020L)
(Posted: November 21st 2020)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
Family:
Appeal; competency of child witness; interview with judge demonstrating immaturity of minor child and the unreliability of testimony
(Adams102820t)
(Posted: October 28th 2020)
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)
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)
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)
Barnes and Ames vs. Williamsport Petroleum, Inc., Sunoco Retail, LLC and Shah
10.22.2020
Eric R. Linhardt
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)
Custody:
Appeal of protection from abuse determination; motion for stay of custody matter; impact of appeal on separate matter
(Hasselman100520t)
(Posted: October 13th 2020)
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)
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)
Custody:
Appeal of interim custody order; failure to file rule 1925 statement; final order
(TC100520m)
(Posted: October 6th 2020)
Kleinhans vs. Doe, Chubb Limited Insurance Company and Bankers Standard Insurance Company
10.2.2020
Ryan M. Tira
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)
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)
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)
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)
Divorce:
Application of divorce settlement agreement; reasonableness of costs associated with sale of marital residence
(Snyder092420t)
(Posted: September 25th 2020)
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)
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)
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)
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)
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)
Danko Holdings, LP and Klingerman vs. J.C. Forestree Inc., Corl and Wheeland Lumber Company
9.14.2020
Marc F. Lovecchio
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)
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)
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)
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)
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)
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)
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)
Criminal:
Motion to reconsider sentencing; conformity to plea agreement; mistaken sentence
(Tate090220t)
(Posted: September 5th 2020)
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)
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)
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)
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)
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)
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)
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)
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)
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)
Civil:
Summary judgment motion; mortgage foreclosure; proper notice; lack of fact issues
(Wilmington081120t)
(Posted: August 12th 2020)
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)
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)
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)
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)
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)
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)
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)
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)
Criminal:
Prima facie case of conspiracy to deliver; defendant providing transportation to and being present for drug transaction
(Young072320BT)
(Posted: July 23rd 2020)
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)
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)
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