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  • Re: Petition of Lycoming Bd. of Elections

    Publication Date: 2024-03-08
    Practice Area: Election and Political Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CV-23-00544

    The Lycoming County Board of Elections petitioned to consolidate two voting precincts into a single precinct. The court denied the petition where posted notices of the proposal lacked statutorily-required information, namely the number of registered electors in each precinct.

  • Commonwealth v. Pulizzi

    Publication Date: 2023-09-25
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CP-41-CR-0001481-2022

    Commonwealth appealed the trial court's order denying its request that defendant be precluded from introducing evidence regarding specific charges pending against the defendant's alleged victim. The court concluded that its order should be affirmed.

  • Commonwealth v. Bloom

    Publication Date: 2023-09-18
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CP-41-CR-0001209-2022

    Defendant filed a post sentence motion in which he sought re-sentencing to the bottom of the standard guidelines and that each of his sentences be designated to run concurrently. The court denied defendant's motion.

  • Commonwealth v. Truax

    Publication Date: 2023-08-28
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CR-455-2023

    Defendant brought a motion to disqualify the presiding judge on the grounds that she approved five out of six challenged search warrants in defendant's criminal case. The court denied the motion, finding that it could fairly decide any pretrial challenges to the approved warrants.

  • Commonwealth v. Moore

    Publication Date: 2023-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CP-41-CR-0000798-2020

    The court refused to dismiss criminal charges pending against defendant based on Pa.R.Crim.P. 600 where the commonwealth had acted with due diligence and many of the delays in this matter, including those related to the suspension of Rule 600 during the COVID-19 pandemic, an overcrowded docket and a lack of judges, were beyond the prosecution's control. The court denied defendant's motion.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Commonwealth v. Hall

    Publication Date: 2023-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CR-1070-2021

    The facts offered in support of the commonwealth's search warrant did not contain enough information to demonstrate a fair probability that money used by detectives in a controlled buy of heroin would be found within the residence of someone not involved with the heroin seller and his criminal behavior. The court granted defendant's pre-trial motion to suppress.

  • Commonwealth v. Moore

    Publication Date: 2022-06-13
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0554

    The court could not modify the conditions of supervision on defendant's 2012 case to include standard sex offender conditions as the addition of such conditions to this case would force defendant to participate in programming that had no nexus to the facts and circumstances of this criminal case. The court of common pleas recommended denial of the commonwealth's modification request.

  • Commonwealth v. Draft, LLC

    Publication Date: 2022-06-13
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0552

    Defendant was entitled to pre-trial release in four criminal cases against him, but the 180-day period had not yet run in another case. Once the time expired in the fifth case, the court ordered that defendant could enter an intensive supervised bail program.

  • 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.