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  • Commonwealth v. Robinson

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1502

    Defendants petition for post-conviction relief was not timely, and he was not entitled to retroactive relief based on subsequent case law because defendant had not preserved the issue through direct appeal.

  • Commonwealth v. Bailey

    Publication Date: 2017-11-21
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1630

    A criminal defendant claimed she had ineffective assistance of counsel and that her guilty plea was not made voluntarily, intelligently or knowingly. The court held that defendants claim merited a hearing to determine whether there was a sufficient factual basis to establish her guilt and whether counsel was ineffective.

  • In the Interest of BNK

    Publication Date: 2017-11-14
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge McCoy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1634

    The court suppressed evidence obtained from a traffic stop where the scope of evidence seized unconstitutionally exceeded the reason for the stop.

  • 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. 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. 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.

  • Commonwealth v. Boone

    Publication Date: 2017-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Nanovic
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1631

    The court exercised its discretion to permit individual voir dire in this matter because defendant raised concerns regarding racial bias.

  • Commonwealth v. Lonon

    Publication Date: 2017-11-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1495

    Defendant had no reasonable expectation of privacy in the data on the cell phone he abandoned in his haste to avoid state troopers following several motor violations, and the troopers were justified in the warrantless search of the specific phone given that they were attempting to pursue a fleeing suspect. The court denied defendants motion to suppress evidence.