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14 Pennsylvania opinions name it 3 courts 1989–2020 0 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 |
|---|---|---|
Boseman v. Commonwealth, Department of Transportation, Bureau of Driver Licensinggreen2 sentences2017Accordingly, consistent with this Court’s holding in Boseman v. Department of Transportation, Bureau of Driver Licensing, 157 A.3d 10, 21 (Pa. Cmwlth.), appeal denied, ___ A.3d ___ (Pa., No. 210 MAL 2017, filed August 22, 2017), rejecting the licensee’s argument that Birchfield barred her license suspension in the absence of a warrant for the requested blood test, we affirm. _____________________________________ BONNIE BRIGANCE LEADBETTER, Senior Judge 4 IN THE COMMONWEALTH COURT OF PENNSYLVANIA Robert Taylor, : Appellant : : v. : No. 88 C.D. 2017 : Commonwealth of Pennsylvania, : Department o 2017Accordingly, consistent with this Court’s holding in Boseman v. Department of Transportation, Bureau of Driver Licensing, 157 A.3d 10, 21 (Pa. Cmwlth.), appeal denied, ___ A.3d ___ (Pa., No. 210 MAL 2017, filed August 22, 2017), rejecting the licensee’s argument that Birchfield barred her license suspension in the absence of a warrant for the requested blood test, we affirm. _____________________________________ BONNIE BRIGANCE LEADBETTER, Senior Judge 4 IN THE COMMONWEALTH COURT OF PENNSYLVANIA Robert Taylor, : Appellant : : v. : No. 88 C.D. 2017 : Commonwealth of Pennsylvania, : Department o | 2 | 2 |
Garlick v. Commonwealth, Department of Transportation, Bureau of Driver Licensinggreen2 sentences2018Stated simply, enhanced criminal penalties were not a consequence of Licensee’s refusing the requested blood test.” Id. 2018Stated simply, enhanced criminal penalties were not a consequence of Licensee’s refusing the requested blood test.” Id. | 1 | 3 |
Park v. Commonwealth, Department of Transportation, Bureau of Driver Licensinggreen1 sentence2019“The question of whether a licensee refuses to submit to a chemical test is a legal one, based on the facts found by the trial court.” Nardone v. Dep’t of Transp., Bureau of Driver Licensing, 130 A.3d 738, 748 (Pa. 2015); see also Park v. Dep’t of Transp., Bureau of Driver Licensing, 178 A.3d 274, 281 (Pa. Cmwlth. 2018). | 1 | 1 |
Nardone v. Commonwealth, Department of Transportation, Bureau of Driver Licensinggreen1 sentence2019“The question of whether a licensee refuses to submit to a chemical test is a legal one, based on the facts found by the trial court.” Nardone v. Dep’t of Transp., Bureau of Driver Licensing, 130 A.3d 738, 748 (Pa. 2015); see also Park v. Dep’t of Transp., Bureau of Driver Licensing, 178 A.3d 274, 281 (Pa. Cmwlth. 2018). | 1 | 1 |
Peppelman v. Commonwealthgreen2 sentences2018In Peppelman , the licensee was told that he " could " lose his license if he refused the requested blood test, and not, as required by Section 1547(b)(2), that his license " will " be suspended. 403 A.2d at 1042 (emphasis added). 2018We took a "strict approach with respect to language imposing a duty upon the police officer to inform the motorist that his license will be suspended or revoked if he refuses to take the test." Id. at 1043 . | 1 | 1 |
Schriro v. Summerlingreen2 sentences2016Where a United States Supreme Court decision “results in a ‘new rule,’ that rule applies to all criminal cases still pending on direct review.” Schriro v. Summerlin, 542 U.S. 348, 351 , 124 S.Ct. 2519, 2522 (2004). - 10 - J-S79023-16 Pennsylvania’s implied-consent law provides that a person’s license may be suspended if a person refuses a requested blood test. 75 Pa.C.S § 1547(b) (“If any person placed under arrest for a violation of section 3802 is requested to submit to chemical testing and refuses to do so, the testing shall not be conducted but upon notice by the police officer, the depart 2016Where a United States Supreme Court decision “results in a ‘new rule,’ that rule applies to all criminal cases still pending on direct review.” Schriro v. Summerlin, 542 U.S. 348, 351 , 124 S.Ct. 2519, 2522 (2004). - 10 - J-S79023-16 Pennsylvania’s implied-consent law provides that a person’s license may be suspended if a person refuses a requested blood test. 75 Pa.C.S § 1547(b) (“If any person placed under arrest for a violation of section 3802 is requested to submit to chemical testing and refuses to do so, the testing shall not be conducted but upon notice by the police officer, the depart | 1 | 1 |
Gresh v. Commonwealth, Department of Transportation, Bureau of Traffic Safetygreen2 sentences1989See Gresh v. Commonwealth, Department of Transportation, 76 Pa. Commw. 483 , 464 A.2d 619 (1983). 1989See Gresh v. Commonwealth, Department of Transportation, 76 Pa. Commw. 483 , 464 A.2d 619 (1983). | 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
2 sentences2017Birchfield, 136 S.Ct. at 2185 . -6 J -S86021-16 constitutional,4 implied -consent laws that "impose criminal penalties" for refusing to consent to a blood test are unconstitutional because "motorists cannot be deemed to have consented to submit to a blood test on pain of committing a criminal offense." Id. at 2185-86 .5 Section 1547 of the Pennsylvania Vehicle Code, commonly referred to as the Implied Consent Law, provides that a person's license may be suspended if he or she refuses a requested blood test. 75 Pa.C.S § 1547(b) ("If any person placed under arrest for a violation of section 3802 2017Birchfield, 136 S.Ct. at 2185 . -6 J -S86021-16 constitutional,4 implied -consent laws that "impose criminal penalties" for refusing to consent to a blood test are unconstitutional because "motorists cannot be deemed to have consented to submit to a blood test on pain of committing a criminal offense." Id. at 2185-86 .5 Section 1547 of the Pennsylvania Vehicle Code, commonly referred to as the Implied Consent Law, provides that a person's license may be suspended if he or she refuses a requested blood test. 75 Pa.C.S § 1547(b) ("If any person placed under arrest for a violation of section 3802 | 2 | 2017–2017 |
McKenna v. Commonwealth
green
1 sentence2020As to common pleas’ finding that Licensee was not afforded a meaningful opportunity to submit to the requested blood test, DOT asserts that “as [Licensee] already had refused Officer Drakeley’s request for a blood test, [Licensee] was not denied a meaningful opportunity to consent to chemical testing when Officer Drakeley did not permit [Licensee] to read the warnings for as long a period of time as she desired.” (DOT’s Br. at 20.)6 6 DOT also argues in its brief, citing McKenna v. Department of Transportation, Bureau of Driver Licensing, 72 A.3d 294 (Pa. Cmwlth. 2013), that if Licensee had ag | 1 | 2020–2020 |
Miranda v. Arizona
green
1 sentence2015Officer Tobin deemed Appellant’s request for an attorney as his refusal to consent to the requested blood test and ended the procedure. 1 The phrase “O’Connell Warnings” means the officer must specifically inform a motorist that his driving privileges will be suspended for one year if he refuses chemical testing, and that the rights provided by the United States Supreme Court’s decision in Miranda v. Arizona, 384 U.S. 436 (1966), do not apply to chemical testing. | 1 | 2015–2015 |
Com., Dept. of Transp. v. O'CONNELL
green
2 sentences1990Appellee relies, as did the trial court, on the holdings of Commonwealth v. McFadden, 522 Pa. 100 , 559 A.2d 924 (1989), and Department of Transportation v. O’Connell, 521 Pa. 242 , 555 A.2d 873 (1989), and asserts that his refusal to take a blood test was not a knowing and conscious refusal, as is necessary for DOT to impose a license suspension. 1990Appellee relies, as did the trial court, on the holdings of Commonwealth v. McFadden, 522 Pa. 100 , 559 A.2d 924 (1989), and Department of Transportation v. O’Connell, 521 Pa. 242 , 555 A.2d 873 (1989), and asserts that his refusal to take a blood test was not a knowing and conscious refusal, as is necessary for DOT to impose a license suspension. | 1 | 1990–1990 |
Commonwealth v. McFadden
green
2 sentences1990Appellee relies, as did the trial court, on the holdings of Commonwealth v. McFadden, 522 Pa. 100 , 559 A.2d 924 (1989), and Department of Transportation v. O’Connell, 521 Pa. 242 , 555 A.2d 873 (1989), and asserts that his refusal to take a blood test was not a knowing and conscious refusal, as is necessary for DOT to impose a license suspension. 1990Appellee relies, as did the trial court, on the holdings of Commonwealth v. McFadden, 522 Pa. 100 , 559 A.2d 924 (1989), and Department of Transportation v. O’Connell, 521 Pa. 242 , 555 A.2d 873 (1989), and asserts that his refusal to take a blood test was not a knowing and conscious refusal, as is necessary for DOT to impose a license suspension. | 1 | 1990–1990 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.