• Commonwealth v. Miyares

    Publication Date: 2024-08-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 574 WDA 2023

    Appellant appealed the trial court's judgment of sentence entered on his bench trial convictions for two counts of harassment. The court affirmed, holding that appellant's convictions were supported by sufficient evidence where appellant repeatedly directed a raised middle finger toward apartment neighbors' security camera, including one instance in which appellant shouted the term "gay bitch" as a personal, abusive epithet.

  • Asumana v. Asumana

    Publication Date: 2024-07-19
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2019 EDA 2023

    Appellant husband appealed the trial court's divorce decree, arguing that the trial court erred in denying his petition to declare his marriage with appellee wife to be void or voidable. The court affirmed, holding that the trial court did not err in concluding that the parties ratified their premature marriage by participating in a second marriage ceremony after expiration of the three-day waiting period for their marriage license to become valid.

  • Washabaugh v. Gaudenzia, Inc.

    Publication Date: 2024-05-31
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1363 MDA 2023

    The court affirmed the order granting appellee's motion for judgment on the pleadings in a wrongful termination case on the grounds that appellant's claim was subject to a two-year statute of limitations under 42 Pa. C.S.A. §5501(7).

  • Commonwealth v. Laughman

    Publication Date: 2024-05-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1315 MDA 2023

    Appellant appealed the trial court's judgment of sentence, which imposed a "no alcohol" probation condition at the conclusion of probation revocation proceedings. The court held that the trial court acted within its discretion in imposing a "no alcohol" condition on appellant's probation after appellant relied on alcohol to commit probation violations.

  • Fisher v. Am. Int'l Indus.

    Publication Date: 2024-04-26
    Practice Area: Products Liability
    Industry: Consumer Products | Manufacturing
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 106 EDA 2023

    Asbestos defendant appealed the trial court's judgment awarding damages to appellee plaintiff after a jury trial. The court affirmed in part, vacated in part, and remanded, holding in pertinent part that the trial court erred in apportioning strict asbestos liability among remaining defendants on plaintiff's claims on a non-pro-rata basis, as was required under the Fair Share Act.

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  • Commonwealth v. Branthafer

    Publication Date: 2024-04-19
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1745 MDA 2022

    Established jurisprudence held that the Post Conviction Relief Act time-bar was jurisdictional, and applying a jurisdictional limitation was not unconstitutional where the PCRA had mechanisms to allow defendants to assert ineffective assistance of PCRA counsel claims. Order of the PCRA court affirmed.

  • Commonwealth v. Sears

    Publication Date: 2024-03-08
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2849 EDA 2022

    Municipal court erred in suppressing breathalyzer results as fruit of an illegal arrest where the court failed to consider totality of circumstances which supported a finding of probable cause. Order of the municipal court vacated, case remanded.

  • Commonwealth v. Moore

    Publication Date: 2024-03-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2510 EDA 2022

    Trial court should have denied suppression motion where totality of circumstances, including the fact that the subject vehicle was registered to someone whom defendant failed to explain his connection to, indicated that defendant lacked a privacy interest in the vehicle and thus defendant failed to bear his burden to prove that he had a reasonable expectation of privacy. Order of the trial court vacated, case remanded.

  • Commonwealth v. Lapenna

    Publication Date: 2024-01-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 543 WDA 2023

    Appellant appealed the trial court's parole-revocation judgment of sentence after denial of appellant's motion for reconsideration. Appellant argued that because his maximum remaining sentence after parole revocation would be less than two years, he should have been recommitted to county, rather than state, prison. The court affirmed, holding that appellant was property recommitted to state prison on his original seven-year sentence after revocation of his parole.

  • Commonwealth v. Hagan

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 872 WDA 2022

    Where retroactive application of registration requirements under Megan's Law III did not constitute an ex post facto violation, a challenge to a sentence for failure to register was properly cognizable under the Post Conviction Relief Act and thus untimely due to the lack of applicable exceptions to the time bar. Order of the trial court affirmed.