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  • Commonwealth v. Lowe

    Publication Date: 2023-10-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 868 WDA 2022

    Trial court lacked authority to authorize parole before expiration of minimum sentence for Recidivism Risk Reduction Incentive program-ineligible defendant sentenced to a maximum term of two or more years. Judgment of sentence vacated, case remanded for resentencing.

  • Commonwealth v. Bartic

    Publication Date: 2023-09-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 32 WDA 2022

    Trial court did not abuse sentencing discretion in sentencing defendant to indirect criminal contempt of a PFA order where, as required by applicable provisions of the sentencing code, the trial court took evidence regarding the circumstances of the offense and defendant's rehabilitative needs. Judgment of sentence affirmed, case remanded for correction of clerical error.

  • Commonwealth v. Sheets

    Publication Date: 2023-09-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 580 MDA 2022

    Appellant challenged his convictions for two counts of attempted murder and court found evidence supported two attempted murder convictions because commonwealth proved appellant took a substantial step towards an intentional killing and committed two separate, complete acts of attempted murder against victim at 11:30p.m. and again the next morning when he discovered victim was still alive. Affirmed.

  • Doe v. The Cheesecake Factory

    Publication Date: 2023-09-04
    Practice Area: Dispute Resolution
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 254 EDA 2022

    Trial court properly confirmed an arbitration award where the arbitration agreement's resolution of disputes provision gave arbitrator the exclusive authority to resolve any dispute relating to arbitrability and trial court lacked authority to examine the merits of arbitrator's decision concerning the claims covered. Affirmed.

  • Commonwealth v. Dove

    Publication Date: 2023-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1380 MDA 2022

    Rape and aggravated indecent assault convictions did not merge for sentencing purposes where rape included the element of sexual intercourse while aggravated indecent assault could be accomplished by digital penetration, which did not qualify as sexual intercourse, and the incidents leading to the convictions occurred in separate criminal acts. Judgment of conviction affirmed, case remanded.

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  • Commonwealth v. Jeter

    Publication Date: 2023-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1523 WDA 2021

    Trial court erroneously denied evidentiary hearing where defendant specifically alleged that a juror discussed the case during trial with a family member after telling the family member that she was having difficulty deciding the case. Order of the trial court vacated, case remanded.

  • Commonwealth v. Dahl

    Publication Date: 2023-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 309 WDA 2022

    Appellant appealed the trial court's judgment of sentence, challenging the trial court's order imposing victim restitution. The court vacated appellant's sentence and remanded for resentencing.

  • Rogowski v. Kirven

    Publication Date: 2023-03-20
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 725 WDA 2022

    Mother appealed parts of child custody order finding her in contempt for baptizing child without telling father despite father's known opposition, ordering co-parent counseling to purge the contempt and restricting child's use of "dad" to her biological parent and court found trial court properly found mother in contempt, erred in imposing the purge condition and violated child's first amendment rights in the language restriction. Affirmed in part, vacated in part.

  • Erie Ins. Exch. v. Backmeier

    Publication Date: 2023-01-16
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 323 WDA 2022

    Motor Vehicle Financial Responsibility Law's requirement for excess underinsured motorist coverage did not preclude limitation of protection clause that was consistent with the policyholder's valid execution of a waiver of stacked UIM coverage. Judgment of the trial court affirmed.

  • Commonwealth v. Nuzzo

    Publication Date: 2022-11-07
    Practice Area: Privacy
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 726 WDA 2021

    Trial court erred in denying criminal defendant's request to seal his competency petition, where the petition included mental health treatment records that put the petition within the category of "all documents" subject to confidentiality under the Mental Health Procedures Act. Order of the trial court vacated, case remanded.