Commonwealth v. Olson

Supreme Court of Pennsylvania

Commonwealth v. Olson

190 A.3d 1131

Supreme Court of Pennsylvania·Decided August 7, 2018·No. No. 111 WAL 2018·Published·Cited by 1 cases

Opinion

PER CURIAM.

AND NOW, this 7^th 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?

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PER CURIAM.

AND NOW, this 7^th 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?

Commonwealth v. Olson, 190 A.3d 1131 (Pa. 2018).

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Opinion

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