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The database contains 4848 opinions issued by the Lycoming County Court of Common Pleas since 1999.

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All opinions 2017 only

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DISCLAIMER - The opinions posted on this site are submitted directly by the Lycoming County Court of Common Pleas. All opinions submitted by the court are posted in the form received, and the Lycoming Law Association is not responsible for the content of any opinion or the decision to post any opinion, as all opinions received from the court are posted without editing or otherwise altering their content.  Any concerns regarding a posted opinion should be directed to the Judge who issued the opinion as the Association will not alter or remove an opinion without court direction.

(Opinions are listed in reverse chronological order)

next Commonwealth vs. Love  (September 22, 2017Judge Nancy L. Butts
Criminal:   Waiver of right to challenge prima facie case by waiving preliminary hearing; suppression motion; custodial interrogation; requirement for police officers to advise defendant of existence of criminal complaint prior to obtaining waiver of Miranda rights; misstatement of fact in affidavit of probable cause; materiality; rule 600 motion; excludable time.  (Love092217bt)  (Posted: Sep 23, 2017)

next Commonwealth vs. Springer  (September 21, 2017Judge Marc F. Lovecchio
Criminal:   Post sentence motion to withdraw guilty plea; dissatisfaction with the court’s sentence; credibility of claim that defendant did not understand the nature of an open plea.  (Springer092117L)  (Posted: Sep 21, 2017)

next Kuntz Estate  (September 18, 2017Judge Nancy L. Butts
Wills and Estates:   Petition of auctioneer for payment of fees associated with cancelled auction; interpretation of auctioneer's contract; words of contract clear and free from ambiguity; parties' intent determined solely from express language of agreement.  (Kuntz091817bt)  (Posted: Sep 18, 2017)

next Commonwealth vs. Hoy  (September 15, 2017Judge Nancy L. Butts
Criminal:   Appeal; sentencing discretion; claimed excessive sentence for endangering welfare of child.  (Hoy091517bt)  (Posted: Sep 15, 2017)

next Commonwealth vs. Vickers  (September 15, 2017Judge Marc F. Lovecchio
Criminal:   Motion to dismiss or suppress; sole basis for vehicle stop to investigate odor of marijuana; reasonable suspicion to stop vehicle; credibility of testimony of police officers; evidence of ulterior motive for vehicle stop or of profiling.  (Vickers091517L)  (Posted: Sep 15, 2017)

next Commonwealth vs. Washington  (September 14, 2017Judge Nancy L. Butts
Criminal:   Appeal; attempted homicide/robbery case; sufficiency of evidence; propriety of use of photo array; relevancy of proposed expert testimony; exclusion of altered versions of photos from photo array; preclusion of wearing by defense counsel of sunglasses and hoody as demonstrative evidence during closing argument; Commonwealth appeal of allowance of eyewitness identification expert testimony; use of expert testimony to prove that it is more difficult to recognize someone who is wearing a disguise; qualification of expert in particular area of science; limiting expert testimony to matters contained in report; admission of evidence of defendant's possession of gun a week before shooting; probative value outweighing likely prejudice; probative value of statement discussing possible drug use by defendant; use of video to demonstrate prior inconsistent statement made by the witness, to impeach the witness’s credibility; speculative evidence that someone else committed the crime; limitations to defense counsel's closing argument to evidence developed in testimony; prejudicial impact of potential juror's statements about possibly knowing defendant professionally and that he worked at a prison.  (Washington091417bt)  (Posted: Sep 15, 2017)

next Commonwealth vs. Lonon  (September 11, 2017Judge Nancy L. Butts
Criminal:   Suppression motion; reasonable expectation of privacy for automobile and cell phone inside car left running with its back end in a lane of traffic, the sidewalk blocked; search vehicle to determine whether vehicle was stolen and identity of driver committing motor vehicle violations; abandoned cellular phone; limited search.  (Lonon091117bt)  (Posted: Sep 18, 2017)

next Commonwealth vs. Littlejohn  (September 7, 2017Judge Marc F. Lovecchio
Criminal:   Suppression motion; warrantless blood test; constitutional right to refuse blood test; knowing and intelligent consent for blood test; right to consult with attorney before making a decision to allow blood draw; duty of police officer to inform arrestee of consent and refusal statute, and that those provisions are no longer enforceable because of recent court decisions; evidence of coerced consent.  (littlejohn090817L)  (Posted: Sep 7, 2017)

next Commonwealth vs. Peterson  (September 6, 2017Judge Nancy L. Butts
Criminal:   Appeal.  (Peterson090617bt)  (Posted: Sep 7, 2017)

next Lycoming County vs. Heimbaugh and Disposal Management Services, Inc.  (September 6, 2017Judge Dudley N. Anderson
Administrative Appeal:   Petition for review of grant of right-to-know request; specificity of request; burdensome request; contracts as "financial records"; applicability of confidential proprietary information and trade secrets exemption to financial records.  (lycomingcoheimbaugh090617a)  (Posted: Sep 7, 2017)

next Commonwealth vs. Kelly  (September 1, 2017Judge Marc F. Lovecchio
Criminal:   Suppression motion; timeliness; discretion of trial judge; length and cause of delay; standard for determining consent to search; totality of circumstances; per se rule requiring police to advise defendant of consequences of refusal to consent.  (kelly090117L)  (Posted: Sep 2, 2017)

next Commonwealth vs. DeSciscio  (September 1, 2017Judge Marc F. Lovecchio
Criminal:   Suppression motion; timeliness; discretion of trial judge; length and cause of delay; standard for determining consent to search; totality of circumstances; per se rule requiring police to advise defendant of consequences of refusal to consent.  (DeSciscio090117L)  (Posted: Sep 2, 2017)

next Commonwealth vs. Allen  (September 1, 2017Judge Marc F. Lovecchio
Criminal:   Suppression motion; timeliness; discretion of trial judge; length and cause of delay; standard for determining consent to search; totality of circumstances; per se rule requiring police to advise defendant of consequences of refusal to consent.  (Allen090117L)  (Posted: Sep 2, 2017)

next In the interest of AM  (September 1, 2017Judge Richard A. Gray
Criminal:   Motion to dismiss; double jeopardy; charge of possession of weapon on school property following plea to summary charge of harassment for striking student with BB; rule of compulsory joinder.  (AM090117g)  (Posted: Sep 7, 2017)

next Commonwealth vs. Gooden-Reid  (August 31, 2017Judge Nancy L. Butts
Criminal:   Post-conviction relief act petition; claim of ineffective assistance of counsel; plea of guilty as waiver of all defects and defenses; manifest injustice to withdraw guilty plea; knowing, intelligent, voluntary, and understanding plea; consideration of mental illness as a mitigating factor in accepting plea; defendant's negligence in attempting to appeal.  (Reid083117bt)  (Posted: Aug 31, 2017)

next Commonwealth vs. Robinson  (August 31, 2017Judge Nancy L. Butts
Criminal:   Post-conviction relief act petition; timeliness; jurisdiction of the court; retroactive application of Alleyne v. United States.  (Robinson083117bt)  (Posted: Aug 31, 2017)

next Guenot vs. Motis Energy, LLC.  (August 29, 2017Judge Richard A. Gray
Civil:   Motion for partial summary judgment; employment dispute; fraudulent inducement; failure to produce facts essential to establish the cause of action; establishing terms not in written employment agreement.  (guenot082917g)  (Posted: Sep 7, 2017)

next Commonwealth vs. Hersh  (August 29, 2017Judge Nancy L. Butts
Criminal:   Post conviction relief act petition; ineffective counsel for failure to file rule 600 motion; Commonwealth's due diligence; waiver of all defects and defenses by pleading guilty; knowing, voluntary, and intelligent guilty plea; legality of sentence.  (Hersh082917bt)  (Posted: Aug 30, 2017)

next Commonwealth vs. Cooley  (August 29, 2017Judge Nancy L. Butts
Criminal:   Response and objection to dismissal of PCRA petition; timeliness; ability to confront and cross examine analysts who performed tests; issue in question at trial; failure to file suppression motion; merit of potential motion; propriety of PCRA counsel investigating reasons why trial counsel chose not to file motion to suppress.  (Cooley082917bt)  (Posted: Aug 30, 2017)

next Commonwealth vs. Cavanaugh  (August 24, 2017Judge Nancy L. Butts
Criminal:   Nominal bail motion; rule 600; defense counsel's unavailability.  (Cavanaugh0824171bt)  (Posted: Aug 30, 2017)

next Commonwealth vs. Cavanaugh  (August 24, 2017Judge Nancy L. Butts
Criminal:   Habeas corpus petition; prima facie case of drug delivery causing death; hearsay evidence; attempted withdrawal of stipulations as to death certificate and autopsy; suppression motion; knowing and voluntary waiver of Miranda rights; intoxication.  (Cavanaugh0824172bt)  (Posted: Aug 30, 2017)

next Commonwealth vs. Hopkins  (August 23, 2017Judge Richard A. Gray
Criminal:   Severance motion; prior criminal record admissible for certain claims and not for others; prejudice; defendant's burden of proof.  (Hopkins082317g)  (Posted: Sep 7, 2017)

next Commonwealth vs. Strickland and Harlan  (August 23, 2017Judge Nancy L. Butts
Criminal:   Motion to dismiss; prima facie case of possession with intent to deliver and paraphernalia; suppression motion; probable cause for vehicle stop; vehicle code violation.  (Strickland082317bt)  (Posted: Aug 23, 2017)

next JW & AW Adoption  (August 18, 2017Judge Joy Reynolds McCoy
Adoption:   Agency petition for involuntary termination of parental rights; mental disability; ability of mother to care for self and children; concerns for the children’s safety; parent refusing or failing to perform parental duties; cooperation with agency to obtain rehabilitative services necessary for parent to be capable of performing parental duties and responsibilities; needs and welfare of children; bond existing between children and parent..  (AdoptionofAand JW081817m)  (Posted: Aug 21, 2017)

next MB Mental Health Review Petition  (August 17, 2017Judge Marc F. Lovecchio
Administrative Appeal:   Petition for review of decision of mental health hearing examiner; severe mental disability; involuntary commitment; clear and convincing evidence; unable to provide for self-protection and a danger to self and others.  (mb081717L)  (Posted: Aug 26, 2017)

next Commonwealth vs. Coleman and Rawls  (August 16, 2017Judge Nancy L. Butts
Criminal:   Habeas corpus petition; prima facie case of homicide; accomplice theory; evidence of conspiracy and robbery.  (Coleman081617bt)  (Posted: Aug 26, 2017)

next Commonwealth vs. Henderson  (August 16, 2017Judge Nancy L. Butts
Criminal:   Suppression motion; claimed unlawful arrest on bench warrant; issuance of bench warrant for failure to pay fines and costs; proper notice that failure to pay would result in bench warrant.  (Henderson081617bt)  (Posted: Aug 26, 2017)

next Commonwealth vs. Bean  (August 14, 2017Judge Dudley N. Anderson
Criminal:   Post-sentence motion; severance; claim of prejudice related to defense of consent for sex with two victims; proof of identity of defendant sufficient to defeat motion for judgment of acquittal; gaps in chain of custody of evidence affecting only weight and not admissibility of evidence; admissibility of evidence of claimed false sexual assault allegations previously made by complainant against someone else; sufficiency of evidence to establish obscene and other sexual materials and performances charges where definition of performance is not met; excessive sentence claim; public interest in protecting even those who make bad choices, such as prostitutes and heroin addicts.  (Bean081417a)  (Posted: Aug 14, 2017)

next Commonwealth vs. Johnson  (August 11, 2017Judge Marc F. Lovecchio
Criminal:   Appeal; manifestly excessive and unreasonable sentence claim; revocation of sentence of intermediate punishment; consideration of the protection of the public and defendant's rehabilitative needs; sentence within the standard guideline range.  (Johnson081117L)  (Posted: Aug 17, 2017)

next Cohick vs. Mazza and Wright  (August 10, 2017Judge Richard A. Gray
Civil:   Preliminary objections; landlord-tenant claim; jurisdiction of court where no notice to quit is served; requirement for notice to quit where possession is not sought and only money damages are sought; attaching writings to complaint that form basis for claim; excessive and punitive late fees; reasonableness of contract damages; landlord's duty to mitigate damages for unpaid rent after tenants are evicted; landlord’s ability to claim damages for inability to rerent premises.  (cohick081017g)  (Posted: Sep 7, 2017)

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