Legal Opinion

Commonwealth v. Haines

Superior Court of Pennsylvania

Decided August 2, 2017No. Com. v. Haines, J. No. 1760 MDA 2016PublishedCited by 21 opinions

1Opinion of the Court

OPINION BY

MOULTON, J.:

The Commonwealth appeals from the October 17, 2016 order entered in the York County Court of Common Pleas granting the motion to suppress filed by Justin Mitchell Haines. 1 Because the trial court did not make factual findings regarding whether Haines consented to the blood draw before or after being improperly warned about the consequences of refusal, we are unable to determine whether the court erred in finding Haines’ consent was involuntary. We therefore reverse and remand with instructions.

The trial court set forth the following factual history:

[Haines] is charged…

2Cases cited11 opinions

  1. Missouri v. McNeelySupreme Court of the United States · 2013
  2. South Dakota v. NevilleSupreme Court of the United States · 1983
  3. Birchfield v. N. Dakota. William Robert BernardSupreme Court of the United States · 2016
  4. In the Interest of L.J.Supreme Court of Pennsylvania · 2013
  5. Commonwealth v. EvansSuperior Court of Pennsylvania · 2016

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3Cited by21 opinions

  1. Commonwealth v. NeysmithSuperior Court of Pennsylvania · 2018
  2. Commonwealth v. HemingwaySuperior Court of Pennsylvania · 2018
  3. Commonwealth v. KurtzSuperior Court of Pennsylvania · 2017
  4. Commonwealth v. MoserSuperior Court of Pennsylvania · 2018
  5. Com. v. Gaston, T.Superior Court of Pennsylvania · 2020

16 more not listed; retrieve them via the Exa API.

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