• Commonwealth v. Forrester-Westad

    Publication Date: 2022-09-19
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 893 MDA 2021

    Trial court correctly granted motion to withdraw guilty plea and quash criminal information where defendant had not validly indicated intent to waive right to counsel at plea hearing and where defendant had previously pled guilty to charge arising from same criminal incident and second prosecution would require the same evidence for conviction. Order of the trial court affirmed.

  • In the Interest of: K.G.

    Publication Date: 2022-07-25
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0824

    Adjudication of delinquency for unauthorized use of an automobile vacated where commonwealth presented no evidence that appellant knew or had reason to know that he did not have the vehicle's owner's permission to operate the vehicle. Order of the trial court vacated.

  • Commonwealth v. Lowman

    Publication Date: 2022-07-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0765

    Vacating judgment of sentence to resentence under merger principles did not warrant vacating a negotiated plea where the plea agreement did not address sentencing. Order of the PCRA court vacated in part.

  • Commonwealth v. Wright

    Publication Date: 2022-06-20
    Practice Area: Criminal Law
    Industry: Consulting | Health Care
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0678

    Subrogation recovery company was not entitled to receive restitution for the costs of health care incurred to treat an assault victim's injuries, where the restitution statute only authorized receipt of restitution funds by a victim or an insurance company. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Wolf

    Publication Date: 2022-06-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0651

    Court declined to consider constitutional challenge to automatic sex offender registration requirements where defendant failed to present evidence showing a scientific consensus rebutting the legislative determination that sex offender registration was not punitive in nature. Judgment of sentence affirmed.

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  • Commonwealth v. Fantauzzi

    Publication Date: 2022-05-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0537

    Trial court lacked jurisdiction for resentencing ordered by PCRA court, where defendant had filed his petition outside the PCRA time bar, and the after-decided constitutional rule exception did not apply because the case cited by defendant expressly did not apply retroactively on collateral review. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Bates

    Publication Date: 2022-04-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0399

    Courts erred in dismissing defendant's Post Conviction Relief Act petition where it constituted a timely filed first petition as the claims were previously dismissed without prejudice due to the pendency of a direct appeal of the conviction, and the courts failed to appoint counsel for defendant. Order of the PCRA court vacated, case remanded.

  • Commonwealth v Jackson

    Publication Date: 2022-03-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0308

    The trial court correctly opined that it imposed upon defendant an illegal sentence for his second violation of 75 Pa.C.S.A. 1543(b)(1)(ii) where that statute did not provide for a maximum term of incarceration and was, therefore, unconstitutionally vague and inoperable under the state high court's ruling in Commonwealth v. Eid. The superior court vacated in part.

  • Commonwealth v. Renninger

    Publication Date: 2022-01-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0110

    Vagueness in the dates of alleged indecent assault offenses did not require the information to be quashed where the complaint alleged the ages of the victims and defendant and therefore provided sufficient notice of the alleged offenses. Judgment of conviction affirmed, judgment of sentence vacated, case remanded for resentencing.

  • Klar v. Dairy Farmers of Am., Inc.

    Publication Date: 2022-01-03
    Practice Area: Motor Vehicle Torts
    Industry: Agriculture
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1514

    Employer who furnished alcohol at sponsored employee social event was not a licensee or other party subject to per se dram shop liability but was instead a social host who could not be held proximately liable for an employee causing a drunk driving accident. Order of the trial court affirmed.