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  • Commonwealth v. Updike

    Publication Date: 2017-10-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1606

    The Commonwealths blood draw evidence collected prior to the U.S. Supreme Courts decision in Birchfield v. North Dakota was admissible under the good-faith exception to the exclusionary rule as defendant only sought suppression under the federal constitution. The court reversed the trial courts suppression order and remanded for further proceedings.

  • Commonwealth v. Carper

    Publication Date: 2017-10-31
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1607

    Defendant properly preserved his state constitutional claim that his blood draw evidence was inadmissible, and the appellate court concluded that such evidence was inadmissible given that no good-faith exception to the evidence exclusionary rule exists under the state constitution. The court affirmed an order granting defendants habeas corpus motion.

  • Commonwealth v. Horn

    Publication Date: 2017-10-24
    Practice Area: Attorney Rates and Arrangements | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1590

    The appellate court lacked jurisdiction over defendants appeal from an order denying his petition to remove himself from the accelerated rehabilitative disposition program because acceptance into and termination from the program involve interlocutory matters. The court quashed defendants appeal.