Legal Opinion
Koleski v. Park
Supreme Court of Pennsylvania
Decided May 4, 1987No. 2368PublishedCited by 30 opinions
1Opinion of the Court
BECK, Judge:
This case requires us to consider under what circumstances a court may order a party to submit to the extraction of a second blood sample for the purpose of performing additional paternity testing.
We find that constitutional rights implicated in the extraction of blood samples and resolution of questions of paternity require that the moving party show by a preponderance of the evidence that the results of the first tests were inaccurate before a second blood extraction can be ordered. This showing shall be made at a hearing before the trial court. We, therefore, reverse the trial…
2Cases cited16 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Stanley v. IllinoisSupreme Court of the United States · 1972
- Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
11 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- John M. v. Paula T.Supreme Court of Pennsylvania · 1990
- Commonwealth v. HippSupreme Court of Pennsylvania · 1988
- In Interest of JMSupreme Court of Louisiana · 1991
- In the Interest of R.W.Superior Court of Pennsylvania · 2004
- Mastromatteo v. HarkinsSuperior Court of Pennsylvania · 1992
25 more not listed; retrieve them via the Exa API.