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  • Commonwealth v. Lehman

    Publication Date: 2019-01-22
    Practice Area: Civil Rights | Criminal Appeals | Criminal Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0061

    Criminal defendant could not be ordered to pay costs of resentencing after his original sentence was deemed unconstitutional because to do so would punish the defendant for the exercise of his constitutional rights. Judgment of sentence affirmed in part and vacated in part.

  • Brown v. Halpern, et al

    Publication Date: 2019-01-22
    Practice Area: Civil Appeals | Fee Disputes | Trusts and Estates
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0058

    The trial court properly denied a continuance, given counsel's past efforts to unnecessarily delay proceedings and the absence of a compelling argument for such relief where the moving party provided a doctor's certificate of illness that only covered the voir dire stage. The appellate court affirmed a verdict for plaintiff.

  • Brown v. Halpern, et al

    Publication Date: 2018-12-10
    Practice Area: Litigation | Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1492

    Plaintiff received the necessary "favorable termination" of the underlying litigation to establish defendants' liability under the Dragonetti Act where defendants withdrew their claims against plaintiff because they realized that continued litigation could subject them to Dragonetti Act liability. The appellate court affirmed a verdict for plaintiff.

  • Commonwealth v. Callen

    Publication Date: 2018-11-13
    Practice Area: Criminal Appeals
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1372

    The trial court erred in denying defendant's motion to sever two criminal informations and allowing the commonwealth to try defendant in Allegheny County on charges arising from the sexual assault of three minors where the offenses did not constitute a single criminal episode. The appellate court vacated and remanded for new trials.

  • Commonwealth v. Williams

    Publication Date: 2018-11-13
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1361

    Defendant was bound by plea agreement in which he stipulated that withdrawal of his guilty plea would substantially prejudice the commonwealth and the trial court correctly denied his pre-sentence motion for withdrawal. Judgment of sentence vacated in part and affirmed in all other respects.

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  • Commonwealth v. Graham

    Publication Date: 2018-10-09
    Practice Area: Criminal Appeals | Wrongful Death
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1197

    The trial court erred in excluding Centre County as a viable venue for this homicide case, involving defendant's alleged delivery of drugs resulting in death, where the statutory requirements for venue set forth at 18 Pa.C.S. §102 existed in both Clinton and Centre Counties. The appellate court vacated and remanded.

  • Commonwealth v. Crissman

    Publication Date: 2018-09-25
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1136

    The trial court did not err in imposing separate sentences for defendant's first and second-degree murder convictions since all the statutory elements of one of the offenses were not included in the statutory elements of the other offense. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Palmore

    Publication Date: 2018-09-18
    Practice Area: Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1100

    The trial court erred in excluding evidence of an alleged victim's prior sexual conduct where defendant sought to admit such evidence to attack the victim's credibility and establish a plausible motive for her accusations, not to portray her as promiscuous. The appellate court vacated defendant's judgment of sentence and remanded.

  • M.L.S. v. T.H.-S

    Publication Date: 2018-09-11
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1081

    Trial court properly found that stepfather had standing to pursue a custody action regarding mother's child because he presented over-whelming evidence that he served in the place of child's deceased biological father and mother accepted the benefits of his child rearing efforts. Affirmed.

  • Bardine v. Bardine

    Publication Date: 2018-08-21
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0970

    Where wife filed an untimely petition to open and modify the parties' marital settlement agreement, the trial court lacked authority to open the divorce decree due to intrinsic fraud and the question of whether intrinsic fraud existed was moot. The appellate court reversed and remanded.