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  • In re Estate of Kuntz

    Publication Date: 2017-11-21
    Practice Area: Contractual Disputes | Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1493

    The plaintiff auctioneer could not recover damages based upon the cancellation of an auction for the sale of estate property where a court ordered that the auction be cancelled, not the seller who entered into the auction contract with petitioner. The court denied petitioners claim for damages on a breach of contract theory.

  • Commonwealth v. Reid

    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: 17-1501

    Defendant was not entitled to relief under the Post Conviction Relief Act based on allegations of ineffective assistance of counsel where the record established that he knowingly, voluntarily and intelligently entered his guilty plea to third degree murder and other offenses. The court granted counsels petition to withdraw and notified defendant of its intent to dismiss his PCRA petition.

  • Commonwealth v. Wilt

    Publication Date: 2017-11-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1641

    The court denied a criminal defendants motion to suppress the results of a blood test, because defendants consent was voluntary even though the form he signed had the criminal penalties blacked out.

  • 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. 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.

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  • 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. 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. 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. 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.