Opinion
No. 646 MAL 2020
04-28-2021
COMMONWEALTH of Pennsylvania, Petitioner v. Akim Sharif JONES-WILLIAMS, Respondent
ORDER
PER CURIAM.
AND NOW, this 28th day of April, 2021, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by the Commonwealth, are:
(1) Whether the Superior Court issued a decision in conflict with and failed to properly apply and follow the binding legal precedent of the United States Supreme Court and this Court, in holding that 75 Pa.C.S. § 3755 does not independently support implied consent on the part of driver suspected or arrested for DUI, rendering the implied-consent statute unconstitutional?(2) Whether the Superior Court issued a decision in conflict with and failed to properly apply and follow the binding legal precedent of the United States Supreme Court in Mitchell v. Wisconsin, ___ U.S. ___, 139 S.Ct. 2525, 204 L.Ed.2d 1040 (2019), by finding that exigent circumstances did not exist to support a warrantless request to test Defendant's blood?