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Publication Date: 2022-09-19
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 325 OF 2020
Court granted a motion to suppress evidence seized during a warrantless search of defendant's girlfriend's house. While the prosecution argued the search was justified because defendant did not have a reasonable expectation of privacy and that exigent circumstances were present, the court found defendant did have a reasonable expectation of privacy since he spent a great deal of time in the home and exigent circumstances were not present since a considerable length of time had passed since the alleged crime.
Publication Date: 2022-09-05
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0903
Court denied the majority of pretrial motions filed by a defendant regarding charges stemming from abusive actions towards his girlfriend, children, and family dog while under the influence of heroin. The court held there was sufficient evidence to deny the majority of habeas petitions filed and further denied motions to suppress, holding that defendant voluntarily confessed to the charges and that that the search of the family home was not unconstitutional due to the girlfriend's consent.
Publication Date: 2022-08-29
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0933
The court granted in part and denied in part criminal defendant's motion to suppress evidence. The court denied defendant's motion to suppress an illegally recorded video where defendant was not actually recorded, finding that he did not have standing to make the suppression request. As to defendant's request to suppress evidence seized during a warrant search of his house, the court agreed the affidavit did not have the requisite level of probable cause to justify the search.
Publication Date: 2022-06-06
Practice Area: Contracts
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0523
The court denied defendant's motion for judgment on the pleadings because Pennsylvania law did not require mutuality of remedies, and the parties' contract provided for specified remedies in the event of a default by either party.
Publication Date: 2022-05-30
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0501
The commonwealth failed to establish a prima facie case of driving under the influence against defendant, the owner and operator of an all-terrain vehicle, where the record lacked proof that he operated his ATV on a roadway for any purpose other than merely to cross it as an obstacle. The court granted in part defendant's petition for habeas corpus.
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Publication Date: 2022-05-30
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0498
In this mechanic's lien matter, the court sustained preliminary objections striking defendant's counterclaim and certain affirmative defenses, but it allowed defendant to amend his responsive pleading.
Publication Date: 2022-05-30
Practice Area: Contractual Disputes
Industry: Construction
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0499
In this construction contract matter, the court ordered defendant's counterclaims for breach of warranty and punitive damages stricken. However, the court sustained other preliminary objections and granted defendant leave to amend to provide greater specificity.
Publication Date: 2022-04-25
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0297
While the registration requirements that defendant was subjected to in accordance with the Sexual Offender Registration and Notification Act caused him certain difficulties, those difficulties did not outweigh the interests in protecting the public from sexually violent offenders by providing them with the necessary information to adequately protect themselves. The court denied defendant's motions to enforce plea agreement and bar sexual offender registration.
Publication Date: 2022-01-10
Practice Area: Landlord Tenant Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1482
Since plaintiff purchased property from defendants' former landlord and explicitly recognized the existence of that landlord-tenant relationship, plaintiff was subject to the same duties as the previous landlord and was required to provide defendants with a notice to quit and attach a copy of that notice to its complaint. The court sustained defendant's preliminary objections.
Publication Date: 2022-01-10
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1483
The court held that the state trooper had probable cause to stop defendant because the trooper was unable to see the temporary registration that was affixed to his window. Further, the law did not require defendant to have Miranda warnings during an investigatory detention during a traffic stop. Finally, without observations or other evidence of defendant's inability to drive safely, the Commonwealth could not charge defendant with DUI-Impaired Ability to Operate a Vehicle. Defendant's motions to suppress denied; defendant's habeas co
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