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  • In the Interest of a White Dodge 2008 Caliber

    Publication Date: 2022-05-09
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0405

    The court found petitioner's automobile was unlawfully seized because there was no proof of any nexus between the vehicle and criminal activity. Motion for return granted.

  • Commonwealth v. Erwin

    Publication Date: 2022-05-09
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0404

    The court found that defendant's assertion of innocence was a sufficient basis to support his motion to withdraw his guilty plea for resisting arrest. Motion granted.

  • Commonwealth v. Tennison

    Publication Date: 2022-03-07
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0149

    The court held that law enforcement's entry into a home to arrest defendant Artley was unlawful, so all evidence seized upon entry was suppressed and all evidence seized pursuant to subsequently issued search warrants was also suppressed.

  • Commonwealth v. Jones

    Publication Date: 2022-02-07
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0056

    The court, on defendant's habeas corpus motion, found that the Commonwealth 1) failed to show that defendant received stolen property because mere possession without more was not sufficient and 2) conducted an illegal traffic stop that called for suppression of drug paraphernalia and other contraband found pursuant to a search of defendant's vehicle after the illegal traffic stop. However, the Commonwealth demonstrated a prima facie case for constructive possession of a firearm where the search warrant was legal, the search found a gu

  • Commonwealth v. Page

    Publication Date: 2021-10-25
    Practice Area: Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1158

    The minor victim's out-of-court statements to her grandparents and a caseworker describing a criminal sexual offense by her father were admissible under the Tender Years Hearsay Act as the proffered evidence was relevant and imbued with "sufficient indicia of reliability" to allow for its admission. The court granted the commonwealth's petition.

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  • Commonwealth v. Barasky

    Publication Date: 2021-08-16
    Practice Area: Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0802

    Defendant successfully argued that law enforcement used an unreliable confidential informant and did not establish that defendant was on the other end of a phone conversation with the CI during a controlled buy where the CI had never been used in such a capacity and there were no other facts to substantiate the CI's information. The court granted defendant's motion to suppress.

  • Commonwealth v. Smith

    Publication Date: 2021-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0655

    The court granted defendant's motion to suppress where a probable cause did not exist for a warrantless vehicle search or for a warrant to search other locations.

  • Commonwealth v. Rinker

    Publication Date: 2021-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0654

    The court granted the commonwealth's motion to dismiss a habeas corpus motion where defendant's prior attorney waived the remainder of a preliminary hearing, but the parties did not agree that defendant could file a future motion challenging the sufficiency of the evidence.

  • Commonwealth v. Jones

    Publication Date: 2021-07-05
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0652

    The commonwealth failed to meet its prima facie burden on the charge theft by receiving stolen property as the evidence of mere possession, without more, was insufficient to establish the charge of receiving stolen property. The court found in favor of defendant.

  • Commonwealth v. Shadd

    Publication Date: 2021-02-22
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0118

    Police had probable cause to search a motor vehicle where defendant made a spontaneous statement which led them to believe there were more drugs in the car in addition to those found on his person; however, there were no exigent circumstances to justify the warrantless search of the vehicle. The court granted defendant's motion to suppress.