Commonwealth, Aplt. v. Myers, D. ( 2017 )

[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.