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  • 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.

  • 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.

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    Lancaster County & Berks County Court Rules 2023

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  • 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.

  • Graves v. Graves

    Publication Date: 2021-11-01
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1273

    Trial court erred in awarding parent custody where parent had not been joined to action as necessary party or petitioned for custody, and where no evidence was presented to support awarding custody to that parent under the statutory factors. Order of the trial court vacated and remanded.

  • Humphrey v. GlaxoSmithKline PLC

    Publication Date: 2021-09-20
    Practice Area: Dispute Resolution
    Industry: Consulting | Pharmaceuticals
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1078

    Trial court properly declined to order arbitration in plaintiffs' action against appellant because no party to the litigation was a signatory to the consultancy agreement that contained the arbitration clause, Pennsylvania did not recognize an independent "obvious and close nexus" doctrine and appellant did not claim plaintiffs received any benefit under the consultancy agreement. Affirmed.

  • Commonwealth v. Simmons

    Publication Date: 2021-09-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1019

    Trial court could not revoke a concurrent sentence of probation that had not yet started when defendant committed new criminal offenses. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Munson

    Publication Date: 2021-08-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0987

    The trial court erred in finding that the commonwealth failed to establish a prima facie case of animal cruelty and related charges where the evidence established that defendant was present at the location of a dog fight and other evidence supported a reasonable inference that he received cash for participating in, or possessed cash for wagering on, that dogfight. The superior court reversed and remanded.