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  • Straw v. Fair

    Publication Date: 2018-05-15
    Practice Area: Damages | Motor Vehicle Torts
    Industry: Construction
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0550

    Trial court erred in granting judgment on cross-claim where defendants raised genuine issue of additional defendants breach of duties to plaintiffs. Judgment vacated, case remanded.

  • Commonwealth v. Calabrese

    Publication Date: 2018-04-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0474

    An arresting officers testimony that he thought defendants driving was dangerous and there could have been an accident was sufficient to establish probable cause to stop defendant for driving too closely in violation of 75 Pa.C.S. §3310(a), since an officers observations, standing alone, are legally sufficient to stop a vehicle for violating §3310(a). The appellate court affirmed defendants convictions.

  • Commonwealth v. Montgomery

    Publication Date: 2018-03-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0323

    PCRA court had subject matter jurisdiction to hear a subsequent PCRA petition so long as a prior PCRA petition was not pending on appeal or subject to further appellate review. Order of the PCRA court affirmed.

  • Assouline v. Reynolds

    Publication Date: 2018-03-27
    Practice Area: Civil Procedure | Landlord Tenant Law
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0318

    The trial court properly determined that under 42 Pa.C.S. §1515(a)(2), a magisterial district judge had subject matter jurisdiction over an eviction action involving former property owners who remained on land purchased by another at a sheriffs sale, even in the absence of a landlord/tenant agreement. The appellate court affirmed a trial court order denying appellants relief.

  • Commonwealth v. Fennell

    Publication Date: 2018-03-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0288

    Newly-discovered facts exception unavailable to excuse facially untimely PCRA petition where defendant was not diligent in attempting to obtain trial records that led to discovery of facts underlying petition.

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  • Commonwealth v. Foust

    Publication Date: 2018-03-13
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0251

    Although a term-of-years sentence long enough to constitute a de facto sentence of life without parole was unconstitutional as imposed upon a juvenile offender, courts were to look to the individual sentences rather than the aggregate sentence in determining constitutionality.

  • V.C. v L.P.

    Publication Date: 2018-02-20
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0176

    Trial court erred in holding grandmother in contempt for failing to abide by its custody order because the trial court lacked subject matter jurisdiction over the case, where the New York court that issued the original custody decree asserted exclusive, continuing jurisdiction over the matter and trial court thus lacked the authority to find grandmother in contempt. Reversed.

  • Commonwealth v. Edwards

    Publication Date: 2018-02-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0133

    While the listing of the races and genders of prospective jurors on a peremptory strike sheet did not per se violate the Equal Protection Clause of the Fourteenth Amendment as interpreted by the U.S. Supreme Court in Batson v. Kentucky, defendant established a Batson violation by showing that the commonwealth struck at least one potential juror with discriminatory intent. The appellate court vacated defendants judgment of sentence and remanded.

  • Commonwealth v. Edwards

    Publication Date: 2018-01-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1916

    While the listing of the races and genders of prospective jurors on a peremptory strike sheet did not per se violate the Equal Protection Clause of the Fourteenth Amendment as interpreted by the U.S. Supreme Court in Batson v. Kentucky, defendant established a Batson violation by showing that the commonwealth struck at least one potential juror with discriminatory intent. The appellate court vacated defendants judgment of sentence and remanded.

  • Commonwealth v. Butler

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1701

    In this case of first impression, the court ruled that §9799.24(e)(3) of the Sexual Offender Registration and Notification Act violated the federal and state constitutions because it increased the criminal penalty to which a defendant is exposed without the chosen fact-finder making the necessary factual findings beyond a reasonable doubt. The court vacated an order finding defendant to be a sexually violent predator and remanded for notice under 42 Pa.C.S. §9799.23.