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  • In the Interest of JSZ

    Publication Date: 2017-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge McCoy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1635

    Absent specific allegations that a juvenile driver was engaged in a criminal activity, the fact that the juveniles passenger allegedly harassed another person was an insufficient basis for an investigatory stop, so the court granted the juveniles motion to suppress.

  • Commonwealth v. Jones

    Publication Date: 2017-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1676

    While the statute prohibiting possession of a firearm with an altered serial number does not specify the degree of culpability required to sustain a conviction, §302 of the Crimes Code required the prosecution to prove that defendant acted intentionally, knowingly or recklessly regarding the obliterated number and the commonwealth satisfied that burden. The court affirmed defendants judgment of sentence.

  • Commonwealth v. Morrison

    Publication Date: 2017-11-14
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1679

    Neither of the issues defendant raised on appeal challenging his sentence had merit and appointed counsel failed to follow the proper procedure, as set forth in Anders v. California, by including the frivolous issues in defendants brief on appeal. The court affirmed defendants judgment of sentence.

  • Commonwealth v. N.M.C.

    Publication Date: 2017-11-14
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1024

    Addressing an issue of first impression, the court found that defendants videotaping of a fight between two fellow middle school students and dissemination of that video to two other students did not create a hazardous or physically offensive condition within the meaning of the disorderly conduct statute at 18 Pa.C.S. §5503. The appellate court vacated defendants judgment of sentence.

  • Commonwealth v. Parker

    Publication Date: 2017-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1681

    Criminal defendant could not file an interlocutory appeal from the trial courts denial of his motion for production of the complainants medical records, where denial of immediate review would not prejudice defendants ability to seek review of the denial on direct appeal following any conviction. Order of the trial court affirmed.

  • Commonwealth v. Stidfole

    Publication Date: 2017-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1639

    Defendant waived objections to sentencing because he did not raise them previously in connection with his revocation and re-sentencing hearing. Even if not waived, the court concluded his objections lacked merit, because defendant failed to comply with the conditions of his probation.

  • Commonwealth v. Williams

    Publication Date: 2017-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1640

    Defendant was not entitled to post-conviction relief for ineffective assistance of counsel because his petition did not contain any meritorious issues or he waived them by failing to raise the issues on appeal.

  • Commonwealth v. Vickers

    Publication Date: 2017-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1511

    Police had reasonable suspicion to stop defendants vehicle where two officers gave credible testimony that they consistently noticed the smell of burnt marijuana coming from defendants vehicle, even though the drug paraphernalia found in defendants car did not suggest recent use. The court denied defendants motion to dismiss or, alternatively, to suppress evidence.

  • Commonwealth v. McClure

    Publication Date: 2017-11-14
    Practice Area: Discovery | Judges
    Industry:
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1023

    The trial court did not err in denying a retired judges motion to quash a subpoena seeking his testimony and records regarding alleged ex parte communications with prosecuting attorneys during defendants trial since the judicial deliberative process privilege did not extend to alleged ex parte communications which may have tainted defendants trial. The court affirmed in part, reversed in part and remanded.

  • Commonwealth v. Love

    Publication Date: 2017-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1523

    While the arresting officer used statements from a third party that turned out to be false in his affidavit of probable cause to arrest defendant, none of the challenged statements were material to the issuing authoritys decision on whether probable cause existed to arrest defendant. The appellate court denied defendants pretrial motion to suppress evidence.