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5 Pennsylvania opinions name it 1 courts 2020–2026 4 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Kohlgreen1 sentence2026NAME OF OWNER . . .: HNL Lab Medicine/[Reiseg] VIOLATION OF . . .: Driving under the influence of alcohol or controlled substance Exhibit C-2, Application for Search Warrant and Authorization, at 1. - 19 - J-S44036-25 purposes); Riedel, 651 A.2d at 138 (concluding a defendant has a reasonable expectation of privacy in his medical records); Kohl, 576 A.2d at 1052 (holding a blood draw and test conducted at the request of police constituted a search). | 1 | 1 |
Commonwealth v. Riedelgreen1 sentence2026NAME OF OWNER . . .: HNL Lab Medicine/[Reiseg] VIOLATION OF . . .: Driving under the influence of alcohol or controlled substance Exhibit C-2, Application for Search Warrant and Authorization, at 1. - 19 - J-S44036-25 purposes); Riedel, 651 A.2d at 138 (concluding a defendant has a reasonable expectation of privacy in his medical records); Kohl, 576 A.2d at 1052 (holding a blood draw and test conducted at the request of police constituted a search). | 1 | 1 |
Commonwealth v. DiPanfilogreen1 sentence2025See Commonwealth v. Dipanfilo, 993 A.2d 1262, 1268 (Pa. Super. 2010) (finding evidence sufficient to establish defendant was incapable of safe driving where an officer’s experience, training and observations established he was under the influence); see also 75 Pa.C.S.A. § 1547(e) (providing that a refusal to submit to a blood-draw test may be introduced in evidence along with other testimony concerning the circumstances of the refusal). | 1 | 1 |
State v. Malikgreen1 sentence2024See generally, Com. v. Bell, 211 A.3d 716 (Pa. 2019). | 1 | 1 |
Commonwealth v. Segidagreen1 sentence2024See Segida, supra. Therefore, the trial court could rationally conclude that, Velez was not a sober driver, because he displayed those signs of intoxication. -7- J-S20025-24 Finally, the trial court was free to infer Velez’s consciousness of guilt when he refused the blood draw test and the evidentiary-breathalyzer test. | 1 | 1 |
Commonwealth v. Kerstetergreen1 sentence2021Also, “[a] defendant is permitted to withdraw his guilty plea under the PCRA if ineffective assistance of counsel caused the defendant to enter an involuntary plea of guilt.” Commonwealth v. Kersteter, 877 A.2d 466, 467 (Pa. Super. 2005). -3- J-S11008-21 Regarding Appellant’s claim that counsel should have pursued a motion to suppress evidence, Appellant claims he was unlawfully coerced into a blood draw in violation of Birchfield v. North Dakota, 136 S. Ct. 2160 (2016) (holding that the Fourth Amendment to the United States Constitution prohibits warrantless blood tests, and that motorists ca | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Birchfield v. N. Dakota. William Robert Bernard
green
1 sentence2021Also, “[a] defendant is permitted to withdraw his guilty plea under the PCRA if ineffective assistance of counsel caused the defendant to enter an involuntary plea of guilt.” Commonwealth v. Kersteter, 877 A.2d 466, 467 (Pa. Super. 2005). -3- J-S11008-21 Regarding Appellant’s claim that counsel should have pursued a motion to suppress evidence, Appellant claims he was unlawfully coerced into a blood draw in violation of Birchfield v. North Dakota, 136 S. Ct. 2160 (2016) (holding that the Fourth Amendment to the United States Constitution prohibits warrantless blood tests, and that motorists ca | 1 | 2021–2021 |
Commonwealth v. Gorbea-Lespier
green
1 sentence2020Appellant also argues that the Commonwealth’s reliance on Commonwealth v. Gorbea-Lespier, 66 A.3d 382 (Pa. Super. 2013), to establish that he consented to the blood draw is in error. | 1 | 2020–2020 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.