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  • Commonwealth v. Davis

    Publication Date: 2020-11-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1290

    Criminal defendant was not entitled to dismissal of refiled charges, though improperly refiled under rules of criminal procedure, where compulsory joinder and double jeopardy protections did not attach after magistrate improperly converted preliminary hearing on a felony charge into a summary trial on related traffic offenses after the commonwealth sought to withdraw those offenses. Order of the trial court affirmed.

  • Woullard v. Sanner Concrete & Supply

    Publication Date: 2020-11-16
    Practice Area: Damages
    Industry: Construction
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1249

    Appellants challenged trial court's damages award in action over defective home construction and court found appellants did not present any evidence of diminution in value and there was no error in trial court's award of damages based on the costs of repair. Affirmed.

  • State Farm Ins. Co. v. Kitko

    Publication Date: 2020-11-02
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1190

    Trial court erred in finding appellant former spouse was not the primary beneficiary of decedent's life insurance policy because, based on insurance agent's erroneous advice, decedent reasonably did all he could have done to designate appellant as the primary beneficiary of the policy. Order vacated.

  • Commonwealth v. Williams

    Publication Date: 2020-10-19
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1137

    Text messages between defendant and the victim could be admitted under the party-opponent exception to the hearsay rule, where the victim's texts were not being offered to prove the truth of the matters asserted therein but instead to provide context to appellant's text messages. Judgment of sentence affirmed.

  • Commonwealth v. Brame

    Publication Date: 2020-09-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1047

    The trial court erred in finding that defendant's initial encounter with police constituted a mere encounter since a reasonable person under the circumstances, which involved other police present for an unrelated investigation, would not believe they were free to leave; however, there was reasonable suspicion to support the investigative detention. The superior court affirmed defendant's judgment of sentence.

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  • Commonwealth v. Kemick

    Publication Date: 2020-09-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1052

    Trial court erred in denying defendant's motion to dismiss charges where trial court did not conduct a hearing or otherwise assemble a record and failure to make findings of fact and conclusions of law in support of denying the motion. Order of the trial court reversed, case remanded.

  • A.A. v. Glicken

    Publication Date: 2020-08-31
    Practice Area: Civil Appeals
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0935

    The superior court invoked the collateral order doctrine to review an order denying a request to seal a petition for approval of a minor plaintiff's settlement agreement where the case involved the public's right of access to judicial records and defendants' claims challenging the order would be irreparably lost if the appeal was denied. The superior court denied defendants' appeal on the merits.

  • Commonwealth v. Jones-Williams

    Publication Date: 2020-08-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0921

    The trial court erred in denying a motion to suppress the results of a blood draw taken after defendant was involved in a deadly crash with a train and hospitalized, as the commonwealth's warrantless request to test defendant's blood sample violated his constitutional rights. The superior court vacated defendant's judgment of sentence.

  • In the Interest of N.G.

    Publication Date: 2020-08-24
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0915

    Trial court properly concluded that termination of mother's parental rights to her three children was in the best interests of the children where sons had been in foster care since 2017 and daughter had been in foster care since her birth and record evidence showed mother had drug and mental health issues, lacked understanding of her mental health issues, lived with a heroin abuser who engaged in intimate partner violence and children had bonded with their foster parents. Affirmed.

  • Commonwealth v. Widger

    Publication Date: 2020-08-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0909

    Evidence was sufficient to convict defendant of aggravated indecent assault of a child less than 13 years old where expert medical evidence demonstrated that defendant applied sufficient force to the victim to cause injury such that the victim's injury could not have been accidentally caused by defendant. Judgment of sentence affirmed.