Lycoming county court opinions – lycoming law association grade 9 electricity unit test answers


Criminal: Appeal; attempted homicide/robbery case; sufficiency of evidence; propriety of use of photo array; relevancy of proposed expert testimony; exclusion of altered versions of photos from photo array; preclusion of wearing by defense counsel of sunglasses and hoody as demonstrative evidence during closing argument; Commonwealth appeal of allowance of eyewitness identification expert testimony; use of expert testimony to prove that it is more difficult to recognize someone who is wearing a disguise; qualification of expert in particular area of science; limiting expert testimony to matters contained in report; admission of evidence of defendant’s possession of gun a week before shooting; probative value outweighing likely prejudice; probative value of statement discussing possible drug use by defendant; use of video to demonstrate prior inconsistent statement made by the witness, to impeach the witness’s credibility; speculative evidence that someone else committed the crime; limitations to defense counsel’s closing argument to evidence developed in testimony; prejudicial impact of potential juror’s statements about possibly knowing defendant professionally and that he worked at a prison (Washington091417bt) (Posted: September 15th 2017)

Criminal: Appeal of murder conviction; compliance with procedure to obtain out-of-state records by subpoena; HIPAA applicability in criminal case; law enforcement exception; evidence of flight and conduct during apprehension relevant to the charge flight to avoid apprehension, trial or punishment and to show consciousness of guilt; appropriateness of suppression for HIPAA violation; exclusion of defense expert testimony not sufficiently definite and not meeting expert testimony standard; expert discussion of conceivability or possibility; admissibility of remote evidence of the victim’s prior convictions for aggression; awareness of defendant of victim’s previous aggressive behavior; evidence of alcohol or drug consumption by victim without testimony that the amount in the victim’s system caused intoxication; court’s discretion in admitting evidence claimed to be prejudicial; admissibility of prison recordings that were relevant and showed consciousness of guilt; hearsay testimony; admissibility of rebuttal exhibits; proposed non-specific testimony in sur rebuttal that it is not uncommon for witnesses to be uncooperative; applicability of heat of passion voluntary manslaughter jury instruction in self-defense case; weight of the evidence of first decree murder; insufficient evidence to prove specific intent to kill or malice; inference from the use of a deadly weapon on a vital organ; Commonwealth disproving self-defense beyond a reasonable doubt; use of deadly force where weapon illegally possessed; duty to retreat; verdict based on speculation (Williams020617L) (Posted: February 6th 2017)

Civil: Preliminary objections; claimed fraudulent representations about history and condition of used car; gist of the action doctrine; tort claims arising solely from contractual relationship between the parties; misrepresentations falling outside obligations of contract itself; scandalous and impertinent matter; deposition transcript in unrelated case; factual basis for allegation of intentional, reckless or wanton conduct; emotional damages arising from breach of contract; specificity of allegations of fraud; recovery in negligence actions for injuries which are solely economic; exception to economic loss doctrine; sufficiency of facts to support count for breach of warranty; holder in due course of installment contract for purchase of vehicle; recovery limited to amount paid; specificity of allegations or violation of professions and occupations act; holder of the consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller (Parmer120616g) (Posted: December 6th 2016)

Criminal: Post sentence motion; first degree murder conviction; evidence of the victim’s prior convictions for aggression where a claim of self-defense is at issue; remoteness of prior conviction; defendant’s awareness of prior conviction; evidence of drugs in victim’s system where there was no testimony that drugs caused him to be intoxicated or to act in a certain way; defense opening the door to testimony of defendant being kicked out of a bar where the evidence became relevant and admissible to rebut arguments and inferences of defense counsel; admissibility of intercepted phone calls/visits for impeachment; testimony claimed to be hearsay; rebuttal evidence of victim’s shorts; need for heat of passion voluntary manslaughter jury instruction where case was purely self-defense; weight and sufficiency of evidence of specific intent to kill; evidence of malice; illegal possession of firearm negating right to stand ground and use deadly force; duty to retreat; sufficiency of evidence to disprove the self-defense claim (Williams101016L) (Posted: October 10th 2016)

Criminal: Post sentence motion; murder case; subject matter for expert testimony; use of term “execution style shooting”; oratorical flair in prosecutor’s argument; coordinate jurisdiction rule; preclusion of expert testimony on effect of intoxication on defendant; harmless error; mistrial motion; Commonwealth medical witness called on to provide medical care to juror; cautionary instruction; expert testimony that knife is offensive weapon; admissibility of evidence of victim’s companion’s criminal record; relevance and remoteness; defendant opening the door to admissibility of precluded evidence; discretion of the court in admitting some but not all photographs of defendant’s injuries; preclusion of evidence of defendant’s "possible concussion"; requisite standard of certainty for expert testimony; evidence required for voluntary manslaughter and heat of passion instructions; sufficiency of evidence; self defense evidence; weight of the evidence; claimed excessive sentence (Kemp060914L) (Posted: June 9th 2014)