Commonwealth v. Olson, J., Pet

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 111 WAL 2018 :

Respondent : : Petition for Allowance of Appeal from : the Order of the Superior Court v. : : :

JEFFREY ALAN OLSON, : :

Petitioner :

ORDER

PER CURIAM

AND NOW, this 7th day of August, 2018, the Petition for Allowance of Appeal is

GRANTED. The issues, rephrased for clarity, are:

a. Does Birchfield v. North Dakota, ––– U.S. ––––, 136 S.Ct. 2160, 195 L.Ed.2d 560 (2016), apply retroactively where the petitioner challenges the legality of his sentence through a timely petition for post-conviction relief?

b. Does Birchfield v. North Dakota, ––– U.S. ––––, 136 S.Ct. 2160, 195 L.Ed.2d 560 (2016), render enhanced criminal penalties for blood test refusal under 75 Pa.C.S. §§ 3803–3804 illegal?