Criminal Opinions

APPEAL FROM MURDER CONVICTION
Defendant was convicted of Murder, appeal from that conviction

ARD
Appeal of Denial of ARD Application
Commonwealth of PA v. Crisman
185 of 2001 Columbia County
January 15, 2003
Judge Thomas A. James, Jr.
RTF format

ARREST
Warrantless Arrest; Underage Drinking 16 Pa. C.S.A. § 6308(a)
Commonwealth v. Lambros
No. 1051-99
Opinion date: May 1, 2000
RTF format

Investigative Detention
Com v Kemp
257 CR 2000 Montour County
Opinion date: February 20, 2001
Judge Naus
RTF format

Arrest without warrant in the home
Commonwealth v. Timothy L. Hess
302 of 2000
Opinion date: May 16, 2001
Judge Thomas A. James, Jr.
RTF format

CRIMINAL NEGLIGENCE
Aggravated assault with vehicle while DUI and
Recklessly endangering
Commonwealth v. Robert B. Jacoby, Jr.
CR 2000-788
Opinion date: September 21, 2001
Judge Thomas A. James, Jr.
RTF format

DOUBLE JEOPARDY
Double Jeopardy and Due Process
Commonwealth v. Ronald Whelan
339 of 1997
August 22, 2003
Judge Thomas A. James, Jr.
RTF format

DUI - ACTUAL
Commonwealth v. Hummer
No. 136-2000 Montour County
Opinion Date: September 28, 2000
RTF format

Non jury trial issue whether police had reasonable suspicion to approach defendant and probable cause to arrest him.

DUI
Motion for Habeas Corpus

Judge Thomas A. James, Jr.
RTF format

Commonwealth could not establish when the incident occurred. Motion to Suppress granted.
Commonwealth v. James Fritz 875 of 2002
July 7, 2003
Judge Thomas A. James, Jr.
RTF format

DUI - STOP
Commonwealth v. Drulis
No. 185 CR 2000 MONTOUR
Opinion Date: February 1, 2001
Judge Scott W. Naus
RTF format

EVASION OF ADVERTISING REQUIREMENTS
Commonwealth v. Joseph Harvey
1013 of 2000 Columbia County
Commonwealth v. Kenneth Martz
1014 of 2000 Columbia County
September 12, 2002
Judge Thomas A. James, Jr.
ORDER
OPINION

FURNISHING ALCOHOL TO MINORS; INVOLUNTARY MANSLAUGHTER
Commonwealth v. David S. Klimowicz, Jr.
331 of 2001
Opinion date: December 11, 2001
Judge Thomas A. James, Jr.
RTF Format

HABEAS CORPUS
Defendant's Petition for Writ of Habeas Corpus
Commonwealth of PA v. Bradley Kelly
357 of 2000 Columbia County
Opinion dated: February 28, 2001
Judge James
RTF format

PETS
Keeping certain animals or reptiles as household pets
Commonwealth v. Todd Fisher
774 of 2001 Columbia County
June 20, 2002
Judge Thomas A. James, Jr.
RTF format

PRIMA FACIE
Minimum requirements of culpability/prima facie case
Commonwealth v. James Michael Bannon, IV
CR 917-00
Opinion Date: May 8, 2001
Judge Thomas A. James, Jr.
RTF format

(1) Prima Facia case-criminal conspiracy to deliver drugs; (2) "Counterfeit" controlled substances v. non-controlled substances

PROBATION AND PAROLE
Probation & Parole; Search and Seizure, Reasonable Suspicion

REVOKE ARD/PAROLE/PROBATION
Commonwealth v Candy Jo Boccardo
No. 1999 CR 421
Opinion date: January 23, 2001
Judge Scott W. Naus
RTF format

Commonwealth v. Louise Retallack
No. 602 of 1999 CR
Opinion date: January 23, 2001
Judge Scott W. Naus
RTF format

Commonwealth v. Eric John Wagner, a/k/a Elijah Watson
765 of 2000 Columbia County
Opinion Date: April 25, 2002
Judge Thomas A. James, Jr.
RTF format

Commonwealth v. Gregory York Swan
469 and 472 of 2000
Opinion date: May 15, 2001
Judge Thomas A. James, Jr.
RTF format

Commonwealth v. Headly
294 CR 2001
COLUMBIA
Opinion Date: November 21, 2001
Judge Naus
RTF Format

Judge Thomas A. James, Jr.
RTF Format

Commonwealth v. Kenneth Lynn
338 of 2002
August 28, 2003
Judge Thomas A. James, Jr.
RTF Format

SEARCH & SEIZURE
"Pat-Down" of Defendant for Weapons at Sobriety Checkpoint
Commonwealth v. Siracuse
No. 185-99
Opinion Date: March 29, 2000
RTF format

Contraband Discovered During Inspection by Landlord and Police Officer Consented to by Co-tenant of Defendant
Commonwealth V. Yeick
No. 863-98
Opinion Date: February 18, 2000
RTF format

Search Warrant Based upon Controlled Buys by CPI and Police Surveillance of Defendant's Residence
Commonwealth v. Williams
No. 832-99
Opinion Date: February 18, 2000
RTF format

SEARCH WARRANTS
Evidence seized at a Multi-address Dwelling
Commonwealth of PA v. Bradley Kelly
356 of 2000
Decision Date: February 21, 2001
Judge Thomas A. James, Jr.
RTF format

SENTENCING
Credit for Time Served 42 Pa.C.S.A. § 9760(4).
Commonwealth. v. Shoffler
RTF format

SUPPRESSION
Untimely suppression motion/interest of justice
Commonwealth v. James Yodock
CR 845-00
Opinion Date: May 3, 2001
Judge Thomas A. James, Jr.
RTF format

Suppression-confessions-voluntary
Commonwealth v. Steven Franklin Morden
754 of 2000 Columbia County
Opinion Date: May 14, 2002
Judge Thomas A. James, Jr.
RTF format

TRANSPORT
Transporting foodstuffs in vehicles used to transport waste Commonwealth v. Krause Trucking, Inc
246 of 2002 Columbia County
Opinion Date: September 18, 2002
Judge Thomas A. James, Jr
RTF format

TRAFFIC
ACTUAL NOTICE OF SUSPENSION
Commonwealth. v. Wray
No. 90-00
Opinion Date: April 24, 2000
RTF format

SPEEDING
Summary Appeal
Commonwealth of PA v. Ray A. Yorks, II
263 of 2000 Montour County
Opinion date: February 15, 2001
Judge Thomas A. James Jr.
RTF format