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  • Commonwealth v. Moyer

    Publication Date: 2017-10-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1591

    Defendant was not entitled to retroactive application of the holding in Birchfield v. North Dakota, wherein the U.S. Supreme Court held that the criminalization of a suspects refusal to consent to a blood test violates the Fourth Amendment to the U.S. Constitution, since she failed to challenge the warrantless blood draw at any stage of the litigation prior to a nunc pro tunc post-sentence motion. The appellate court affirmed defendants judgment of sentence.