Commonwealth v. Eid presented the Pennsylvania Supreme Court with constitutional challenges to the Vehicle Code’s enhancement of sentences for those who refuse chemical testing after driving under a suspended license. The Court concluded that the evidence was sufficient to sustain the defendant’s conviction for refusing to submit to a warrantless breath test, which, unlike a … Read more
In Commonwealth v. Parker, the Commonwealth appealed the order granting Parker’s PCRA petition. In its opinion, the lower court acknowledged that it erred when it granted the petition based on the retroactive application of Birchfield on collateral review. Thus, the lower court requested a remand. On appeal, Parker conceded the point and requested a remand. … Read more
In Commonwealth v. Gaston, the defendant’s DUI prosecution was in the pretrial stage when the U.S. Supreme Court issued its opinion in Birchfield v. North Dakota. The defendant moved to suppress his blood draw based on Birchfield, but the Superior Court held that the evidence need not be suppressed because the defendant consented to the … Read more
The Superior Court vacated the defendant’s convictions for homicide by vehicle, DUI, and related charges. Citing Birchfield, the Court ruled that the police unlawfully obtained the defendant’s blood test results from the hospital when the authorities did so without a warrant.
In Commonwealth v. Wolfel, which was an interlocutory appeal, the Pennsylvania Supreme Court reversed the Superior Court and ruled, by failing to challenge the suppression court’s explicit invocation of that provision before the Superior Court, the Commonwealth waived its challenge to the defendant’s failure to raise a claim under Article I, Section 8.