Commonwealth, Aplt. v. Myers, D., Commonwealth, Aplt. v. Myers, D.

Commonwealth, Aplt. v. Myers, D.

Commonwealth, Aplt. v. Myers, D. - No. 7 EAP 2016

Pa.

Jul 19, 2017

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*1 [J-94-2016] [MO: Wecht, J.] IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : No. 7 EAP 2016

: Appellant : Appeal from the Judgment of the

: Superior Court entered on June 15, : 2016 at No. 2774 EDA 2013 affirming v. : the Order entered on August 27, 2013 in

: the Court of Common Pleas of : Philadelphia County, Criminal Division, DARRELL MYERS, : at No. MC-51-CR-0052681-2012

: Appellee : ARGUED: September 14, 2016

CONCURRING OPINION JUSTICE TODD DECIDED: July 19, 2017

I agree with the majority that, under 75 Pa.C.S. § 1547, Myers had an unequivocal statutory right to refuse blood testing. Furthermore, I agree that statutory right was violated in the instant case. Finally, and as a result, I agree that suppression was warranted. See Commonwealth v. Eisenhart , 611 A.2d 681, 683 (Pa. 1992) ( “ blood test results acquired in contravention of [Section 1547] must be suppressed ”). In my view, the statutory analysis suffices to resolve the issue before us, and so I would not address the constitutional dimensions. Accordingly, I join Parts I, II.A, II.B, and II.D of the Majority Opinion, and its mandate, but do not join the remainder.