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  • Commonwealth v. Kurtz

    Publication Date: 2017-11-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Ransom
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1024

    The court declined to adopt a good faith exception to the exclusionary rule applicable to blood draw evidence after the U.S. Supreme Courts decision in Birchfield v. North Dakota, as such an exception would frustrate the privacy guarantees of the Article 1, §8 of the Pennsylvania Constitution. The court affirmed an order granting defendants motion to suppress blood draw evidence.

  • 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.

  • Commonwealth v. Miller

    Publication Date: 2017-11-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1660

    Assault conviction affirmed despite assertion of self-defense, where defendants inculpatory statements regarding his motives for the assault were sufficient evidence for jury to conclude that defendant was the aggressor in the assault. Judgment of sentence affirmed, application for remand granted.

  • In the Interest of B.L.C

    Publication Date: 2017-11-07
    Practice Area: Attorney Rates and Arrangements | Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Berks County
    Judge: Judge Lash
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1629

    The court granted a motion to suppress evidence obtained from a checkpoint stop where the commonwealth failed to demonstrate sufficient factual data to support a checkpoint at the site in question, and where the search was not a voluntary, consensual one.

  • DeSanzo v. DeSanzo

    Publication Date: 2017-11-07
    Practice Area: Evidence | Family Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1580

    Defendants former attorney could not avoid testifying in this domestic relations matter by submitting an affidavit in lieu of testifying upon being subpoenaed, particularly given the courts order limiting counsels testimony to protect the attorney-client relationship and any confidential communications. The court recommended affirmance of its order denying counsels motion to quash.

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    Bucks County Court Rules 2023

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  • K.M.G. v. H.M.W.

    Publication Date: 2017-10-24
    Practice Area: Evidence | Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1593

    Trial court erred in finding parent in contempt for failure to encourage childs visitation with other parent, where prior orders did not include requirement for parent to encourage the child, and where record demonstrated that parent followed directives of resource center in terminating visits. Order of the trial court reversed and vacated.

  • Commonwealth v. Johnson

    Publication Date: 2017-10-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1522

    Where a criminal defendant abandoned a cell phone while being pursued by police, a search of the phone was legal and no warrant was required. The court denied defendants motion for reconsideration of his request to suppress the evidence obtained from the cell phone.

  • Commonwealth v. Hrycyk

    Publication Date: 2017-10-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1527

    Commonwealth v. Hrycyk

  • Commonwealth v. Washington

    Publication Date: 2017-10-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Presiding Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1512

    The trial courts rulings in a criminal case regarding eyewitness identification, demonstrative evidence and expert testimony were not in error, and defendant was not entitled to relief from the sentence imposed.

  • Commonwealth v. Powell

    Publication Date: 2017-10-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1558

    Suppression of wiretap evidence not warranted where police adopted reasonable intercept minimization plan requiring monitors to switch off and spot check.