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Publication Date: 2020-02-24
Practice Area: Administrative Law
Industry: State and Local Government
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0201
State police appealed trial court's expungement of petitioner's §302 commitment, finding the §303 commitment was "entirely invalid" and granting relief from the firearm disability and court found trial court used the wrong standard of proof in expunging the §302 commitment, it was manifestly unreasonable to find the §303 certification pertained to another individual and trial court lacked authority to find that certification "invalid." Vacated in part.
Publication Date: 2020-02-03
Practice Area: Civil Procedure
Industry: Health Care
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0111
Trial court erred in granting plaintiff's motion to reinstate its third amended complaint because trial court did not have subject matter jurisdiction to consider anything that was filed at the original 2009 state court docket as that action was removed to federal court and never remanded. Order vacated.
Publication Date: 2019-11-18
Practice Area: Civil Procedure
Industry: Construction
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1366
Trial court erred when it ordered appellants to respond to appellee's discovery in aid of execution requests during the pendency of the stay of execution since appellants' supersedeas bond triggered a stay of execution on the judgment. Vacated.
Publication Date: 2019-10-21
Practice Area: Corporate Governance
Industry: Construction
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1241
Trial court properly found in favor of appellee and awarded damages in her action asserting breach of fiduciary duty and civil conspiracy in majority shareholder's squeezing her out of closely held corporation because evidence supported trial court's finding that majority shareholder and key employees acted with animus in intentionally and systematically squeezing-out appellee and breached their fiduciary duty to her. Affirmed.
Publication Date: 2019-09-23
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1111
The trial court imposed upon defendant an illegal sentence for criminal attempt to deliver a controlled substance and possession with intent to deliver since the sentences should have merged because the crimes arose from the same criminal episode and one of the crimes was a lesser-included offense. The appellate court affirmed defendant's conviction but vacated his sentence and remanded for resentencing.
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Publication Date: 2019-09-16
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1080
Trial court erred in terminating mother's parental rights because trial court made no effort to examine mother's explanation for her conduct and did not properly weigh father's lack of cooperation or reasonable accommodation in mother's efforts to maintain contact. In the circumstances of this case in which child believed stepmother was his biological mother, permanently severing mother's bond to perpetuate a relationship built on a misrepresentation did not clearly serve the long-term well-being and emotional interests of the child.
Publication Date: 2019-08-26
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0988
Since the offense of manufacturing a controlled substance contains all the elements of the offense of operating a methamphetamine laboratory, the two offenses merge for sentencing purposes and, therefore, defendant was subjected to an illegal sentence under the merger doctrine. The appellate court vacated defendant's judgment of sentence and remanded.
Publication Date: 2019-06-03
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0641
Where the arresting officer did not inform defendant of her right to refuse chemical testing and the consequences arising therefrom, as he was statutorily obligated to do, defendant did not make a knowing and conscious choice of whether to submit to a blood draw. The appellate court vacated defendant's judgment of sentence.
Publication Date: 2019-03-04
Practice Area: Civil Procedure | Trusts and Estates
Industry: Health Care
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0232
Trial court could permanently remove health care power of attorney upon sufficient showing that health care agent was not acting in principal's best interest with respect to the principal's medical care. Order of the trial court affirmed.
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.
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