Opinion
No. 111 WAL 2018
08-07-2018
COMMONWEALTH of Pennsylvania, Respondent 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?