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  • Commonwealth v. Diehl

    Publication Date: 2018-01-30
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1517

    Defendant voluntarily consented to blood draw and he was not subjected to any coercion or duress to obtain his consent. The court denied defendants motion to suppress.

  • Commonwealth v. Maneval

    Publication Date: 2018-01-09
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1862

    Defendants sexually violent predator designation did not unlawfully increase the length of his registration period where he was convicted of aggravated indecent assault, a Tier III offense, which required him to register quarterly for life, regardless of the SVP designation. The court recommended affirmance of its sentencing order.

  • Commonwealth v. Aunkst

    Publication Date: 2017-12-26
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1785

    The court did not err in imposing a post-revocation sentence, because defendant continued to have substance abuse issues and he failed to comply with his probation conditions despite having numerous opportunities to participate in treatment and rehabilitation programs.

  • Commonwealth v. Garms

    Publication Date: 2017-12-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1519

    The court refused to suppress the test results of a blood draw taken from defendant on the night she was arrested on suspicion of driving under the influence of alcohol where defendant provided voluntary consent to the blood draw. The court denied defendants motion to suppress.

  • Commonwealth v. Hunter

    Publication Date: 2017-12-12
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1789

    Defendant failed to demonstrate exceptional circumstances to warrant consideration of the effectiveness of counsel at the post-sentencing stage, and no new evidence supported his motion for a new trial. The court denied all of defendants post-sentence motions.

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  • Commonwealth v. Mullen

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1638

    Law enforcement had a reasonable belief that defendant was at a residence based on an anonymous tip, a photograph, and a view of defendant through a window of the residence. The court denied defendants motion to suppress.

  • 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.

  • 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. 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. DeSciscio

    Publication Date: 2017-10-17
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1482

    Defendant waived the right to challenge his consent to a blood test that led to charges of driving under the influence by failing to file his motion to suppress in a timely fashion in the wake of the U.S. Supreme Courts decision Birchfield v. North Dakota. The court denied defendants motion to suppress without holding a hearing.