Commonwealth v. Jones-Williams, A.

Opinion

.

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 646 MAL 2020 :

Petitioner :

: Petition for Allowance of Appeal : from the Order of the Superior Court 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 (2019), by finding that exigent circumstances did not exist to support a warrantless request to test Defendant’s blood?