15 results for 'judge:"Olson"'.
J. Olson finds that the trial court properly denied a beauty product manufacturer’s motion for non-suit in this case wherein the daughter of a deceased hairdresser alleges her mother contracted mesothelioma as a result of decades of being exposed to the company’s asbestos-containing beauty products. The manufacturer failed to provide evidence that the asbestos claim lacked merit. Affirmed in part.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: April 10, 2024, Case #: J-A28007-23, Categories: Civil Procedure, Wrongful Death, Asbestos
J. Olson finds the lower court improperly denied the Commonwealth of Pennsylvania’s (Commonwealth) petition for a writ of certiorari and affirmed a municipal court’s suppression order. A municipal court granted a driver’s motion to suppress the results of a breathalyzer test, as it determined the arresting officer did not have probable cause to arrest defendant for driving under the influence of alcohol. While the arresting officer found defendant’s behavior and crash site evidence sufficient to make an arrest, the first officer on the scene did not agree. On appeal, the Court of Common Pleas of Philadelphia County affirmed the municipal court’s findings and denied the Commonwealth’s petition for a writ of certiorari. The instant court finds that despite the responding officer's conflicting opinions, given the totality of the evidence presented at the scene, the arresting officer had probable cause to arrest. The matter is remanded for further consideration. Vacated.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: February 20, 2024, Case #: J-A28009-23, Categories: Evidence, Dui
J. Olson finds that the lower court improperly granted defendant’s suppression motion in this case involving a traffic stop that found evidence of him possessing marijuana with the intent to deliver. Pennsylvania presented evidence showing neither the defendant nor his codefendant, who was also in the car during the stop, were registered owners of the vehicle, so defendant failed to meet the burden of proving that he had a privacy interest in the vehicle. Vacated.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: February 13, 2024, Case #: J-A28001-23, Categories: Drug Offender, Search, Sentencing
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J. Olson finds that the lower court improperly denied defendant’s petition filed under the Post Conviction Relief Act challenging his attorney’s effectiveness at his trial for beating the head of another man, who had slept with and given heroin to his pregnant girlfriend, with a baseball bat inflicting fatal injuries. Defendant failed to demonstrate that his trial counsel’s actions were unreasonable. Affirmed.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: November 21, 2023, Case #: J-S31011-23, Categories: Ineffective Assistance, Murder, Assault
J. Olson finds that a lower court improperly entered a non-jury verdict in favor the buyers of a house against its sellers on breach of contract and fraud claims. The buyers failed to provide evidence that their reliance on the sellers’ lack of answers regarding the status of an addition to the home was justified. Vacated in part.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: November 1, 2023, Case #: J-A09028-23, Categories: Property, Real Estate, Contract
J. Olson finds that the lower court properly denied the Cheesecake Factory’s motion to vacate an arbitration award and granting an employee’s petition to confirm an arbitration award offered in light of her being sexually assaulted by another employee. The restaurant previously agreed to have the terms of the arbitration exclusively determined by the arbitrator. Affirmed.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: August 9, 2023, Case #: J-S45002-22, Categories: Arbitration, Civil Rights, Settlements
J. Olson finds that the lower court improperly denied defendant’s post-sentence motion to review his sentencing in his murder trial. The trial court must conduct an evidentiary hearing and determine whether or not a juror discussing the case with her father inserted outside influence into the outcome of defendant’s trial. Vacated.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: June 7, 2023, Case #: J-A22008-22, Categories: Jury, Murder, Sentencing