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  • Commonwealth v. Talley

    Publication Date: 2020-08-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0852

    Screenshots of text messages received by victim admissible under best evidence rule where victim confirmed that the screenshots accurately reflected the messages and identity of the sender fell outside the scope of the best evidence rule. Judgment of sentence affirmed.

  • Carr v. Michuck

    Publication Date: 2020-07-13
    Practice Area: Civil Appeals
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0722

    Plaintiff failed to demonstrate that counsel's actions and the procedural posture of the case, wherein plaintiff failed to file a post-trial motion prior to an appeal, involved non-negligent circumstances; however, his motion for leave to file a post-trial motion nunc pro tunc was a legal nullity because the prothonotary failed to comply with the notice requirements of Pa.R.Civ.P. 236. The superior court vacated and remanded.

  • Commonwealth v. Lock

    Publication Date: 2020-06-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0633

    The trial courtdid not err in imposing upon defendant restitution in accordance with 18 Pa.C.S. §1106for violating the state's Dog Law where defendant allowed one of his dogs to come loose, resulting in an attack on the neighbor's catand $9,331 in required veterinary services. The superior court affirmed defendant's judgment of sentence.

  • Commonwealth v. Yachimowski

    Publication Date: 2020-05-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0527

    Trial court erred in failing to give parental justification instruction where installing baby gates to block minor child from leaving her room constituted a use of force toward the child and where parents testified the gates were used to prevent the child from wandering in the middle of the night and injuring herself. Judgment of sentence vacated, case remanded for new trial.

  • Commonwealth v. Maxwell

    Publication Date: 2020-05-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0497

    Defendant's untimely Post Conviction Relief Act petition could not be saved by the newly-discovered factexception, at 42 Pa.C.S. §9545(b)(1)(ii), as the evidence defendant relied upon was merely a new source of information that confirmed facts and claims defendant had previously raised. The appellate court affirmed defendant's judgment of sentence.

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  • Rounick v. Neducsin

    Publication Date: 2020-05-11
    Practice Area: Contracts
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0484

    Trial court properly granted post-trial relief and entered judgment in favor of gambler in action over a promissory note because the issue of the validity of the contract was preserved for appeal and note was unenforceable as satisfaction of an illegal gambling debt. Affirmed.

  • Commonwealth v. Cook

    Publication Date: 2020-04-27
    Practice Area: Evidence
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0428

    The trial court erred in finding that the psychotherapist-client privilege in 42 Pa.C.S. §5944 applied to incriminating statements defendant made to a fellow patient while at a mental health treatment center since he did not make the statements to a member of his treatment team during treatment and the statements were not confidential. The superior court vacated in part and remanded.

  • In re: C.B.

    Publication Date: 2020-03-30
    Practice Area: Family Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0337

    The trial court did not err in holding that the evidence of pending criminal charges against mother arising from an incident of alleged child abuse, in itself, did not justify termination of her parental rights under either 23 Pa.C.S. §§2511(a)(5) or 2511(a)(8). The appellate court affirmed.

  • Keesee v. Dougherty

    Publication Date: 2020-03-30
    Practice Area: Civil Procedure
    Industry: Construction
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0347

    Trial court erred in denying defendants' motion to stay plaintiff's civil action for damages because trial court did not weigh all six of the factors in In re Adelphia Communications Sec. Litig., 2003 WL 22358819, before deciding to deny the motion to stay. Order vacated, remanded.

  • Commonwealth v. Marshall

    Publication Date: 2020-03-23
    Practice Area: Civil Rights
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0308

    The lower court's denial of the Defender Association of Philadelphia's motions to withdraw was contrary to the state high court's mandate that an advocate for an indigent party must have the time, resources and skill to adequately represent an indigent party to guarantee his or her constitutional right to counsel. The superior court reversed and remanded.