Commonwealth v. Karns
50 A.3d 158
| Pa. | 2012Background
- Earns was convicted in Bedford County of two DUIs: general impairment and DUI — highest rate of alcohol, with judgment of sentence February 15, 2011.
- Officer Patterson stopped Earns after observing traffic violations and signs of intoxication near a bar area on April 9, 2009, including failure to signal and centerline crossings.
- Earns submitted to blood testing; BAC was .189% at UPMC Bedford Memorial Hospital.
- The Commonwealth presented witnesses (Officer Patterson, a phlebotomist, and a medical lab scientist) and Earns presented Dr. Citron as an expert after the Commonwealth rested.
- The trial court merged the DUI general impairment conviction with the DUI highest rate conviction for sentencing, but sentenced Earns to six to twenty-three-and-a-half months in jail; Earns appealed through Rule 1925(b).
- On appeal, the court vacated the judgment of sentence for DUI — highest rate of alcohol and remanded for resentencing on the general impairment conviction; discretionary IPP claim was found waived.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Conversion factor sufficiency for non-whole-blood BAC | Earns argues no accepted conversion factor was shown. | Commonwealth contends conversion factors are permissible via expert testimony. | Conviction for highest rate of alcohol vacated; conversion evidence not shown to be generally accepted. |
| Brady exculpatory materials | Brady materials not disclosed regarding hospital test method changes. | District Attorney's alleged non-disclosure did not merit relief given issue 1. | Brady issue not reached due to resolution of issue 1. |
| Discretionary IPP eligibility and waiver | Earns asserts entitlement to IPP as an eligible offender; trial court erred in denying. | IPPs are discretionary; court may deny even if eligible. | Discretionary claim waived; even on merits, no relief because court properly exercised discretion. |
Key Cases Cited
- Commonwealth v. Renninger, 452 Pa. Super. 421 (Pa. Super. 1996) (blood tests on non-whole blood require conversion evidence of whole-blood BAC)
- Commonwealth v. Newsome, 787 A.2d 1045 (Pa. Super. 2001) (conversion factors must be generally accepted in toxicology)
- Commonwealth v. Michuck, 686 A.2d 403 (Pa. Super. 1996) (conversion factor accepted in literature for serum to whole-blood conversion)
- Commonwealth v. Kohlie, 811 A.2d 1010 (Pa. Super. 2002) (conversion factor must be generally accepted in scientific community)
- Commonwealth v. Hutchins, 42 A.3d 302 (Pa. Super. 2012) (discussion on conversion factors and BAC testing)
- Commonwealth v. Segida, 604 Pa. 103, 985 A.2d 871 (Pa. 2009) (elements of DUI and permissible inferences)
- Commonwealth v. Williams, 941 A.2d 14 (Pa. Super. 2008) (IPP discretionary sentencing discretion framework)
- Commonwealth v. Sarapa, 13 A.3d 961 (Pa. Super. 2011) (IPP eligibility and court discretion)