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

Aug. 7, 2018 · Supreme Court of Pennsylvania · No. 111 WAL 2018

190 A.3d 1131

COMMONWEALTH of Pennsylvania, Respondent
v.
Jeffrey Alan OLSON, Petitioner

No. 111 WAL 2018

Supreme Court of Pennsylvania.

August 7, 2018

ORDER

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?