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Publication Date: 2023-05-15
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 345 OF 2022, C.R.
The court granted defendant's motion to suppress his custodial statements to police, finding that the Commonwealth failed to meet its burden to show that defendant's purported Miranda waiver was knowingly and voluntary.
Publication Date: 2023-05-15
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10889-2021, C.A.
Plaintiffs appealed the trial court's grant of defendants' preliminary objections and dismissal on the basis of lack of jurisdiction. The trial court recommended that its order be affirmed because jurisdiction over plaintiffs' claims rested with the Orphans Court, where an existing action involving the same matters already was on file.
Publication Date: 2023-04-24
Practice Area: Wrongful Death
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 10574 OF 2012, C.A.
Wrongful death defendants sought summary judgment on the ground that plaintiffs' suit was not commenced within the governing two-year statute of limitations. The trial court denied the motion because limitations on plaintiffs' wrongful death claims, which arose from the death of their mother, were tolled under the Minority Tolling Statute.
Publication Date: 2023-04-24
Practice Area: Personal Injury
Industry: Health Care | Hospitality and Lodging
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 30007 OF 2021, C.A.
Defendants filed preliminary objections to plaintiffs' complaint, which alleged negligence claims arising from a decedent's treatment at a senior care facility. The trial court sustained defendants' preliminary objections in part and overruled them in part.
Publication Date: 2023-03-27
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 229 OF 2021
The court denied defendant's motion to suppress evidence on the grounds that under 16 P.S. § 1440(b), the detective assigned to the case was authorized to practice in the jurisdiction. The court further denied defendant's habeas corpus petition on the grounds that there was sufficient evidence to support a prima facie case for holding plaintiff on her drug possession and distribution related charges.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2023-03-06
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 12035 of 2009, C.A.
Evidence of record compelled the trial court's transfer of primary physical custody of minor children from mother to father. The trial court properly relied upon the children's testimony from a conciliation conference to support its rationale regarding the custody arrangement which most suited the children's best interests. The court recommended that the Superior Court affirm its custody order and dismiss mother's appeal.
Publication Date: 2023-02-27
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10870 of 2021, C.A.
Plaintiffs offered sufficient evidence to establish the recognition and acquiescence to a consentable boundary in the form of an asphalt driveway, including the requisite time period, as well as evidence that the intent of the easement grant was to allow plaintiffs access over land belonging to defendants and their predecessors. The trial court recommended affirmance.
Publication Date: 2023-02-13
Practice Area: Criminal Appeals
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Craig
Attorneys: For plaintiff:
for defendant:
Case Number: 758 OF 2020
The court denied criminal defendant's appeal in its entirety, finding that the Commonwealth had presented sufficient evidence for the jury to sustain drug possession and distribution charges under 35 P.S. § § 780-113 and 102.
Publication Date: 2023-02-13
Practice Area: Civil Procedure
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10889 of 2021, C.A.
The court lacked jurisdiction over this matter brought by plaintiffs, trust beneficiaries, given that under 20 Pa.C.S. §711(12), the jurisdiction of the court of common pleas over testamentary trusts shall be exercised by its orphan's court division, which court already issued an order declaring exclusive jurisdiction over related matters. The court sustained defendants' preliminary objections.
Publication Date: 2023-02-13
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 341 OF 2021, CR
Defendant was not entitled to habeas corpus relief as the commonwealth offered sufficient evidence to make out a prima facie case of the firearms offenses charged, and defendant's affirmative defense of justification was to be addressed at trial. The court denied defendant's pre-trial habeas corpus petition.
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