Legal Opinion

Dial v. Vaughn

Commonwealth Court of Pennsylvania

Decided May 20, 1999PublishedCited by 34 opinions

1Opinion of the Court

LEADBETTER, Judge.

By a petition under our original jurisdiction,1 Ertle Dial, an inmate at Graterford SCI, challenges the constitutionality of the requirement that he submit a *3blood sample for DNA testing pursuant to the DNA Detection of Sexual and Violent Offenders Act (Act).2 This is an issue of first impression. Dial contends that the Act, by retroactively adding a condition of parole, violates the doctrine of separation of power, invalidates his guilty plea,3 and violates the ex post facto prohibitions of the constitutions of Pennsylvania and the United States and the fourth amendment of…

2Cases cited25 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. Brown v. TexasSupreme Court of the United States · 1979
  4. Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
  5. Collins v. YoungbloodSupreme Court of the United States · 1990

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3Cited by34 opinions

  1. State v. ScarboroughTennessee Supreme Court · 2006
  2. People v. GarvinAppellate Court of Illinois · 2004
  3. State v. RainesCourt of Appeals of Maryland · 2004
  4. In re D.L.C.Court of Appeals of Texas · 2003
  5. Miller v. United States Parole Comm'nDistrict Court, D. Kansas · 2003

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