Commonwealth v. Robertson’s Empirical Analysis
2018
Citation profile
8 state decisions
Relationships
Relies on 195 L. Ed. 2d 560 - Birchfield v. N. Dakota. William Robert Bernard · Commonwealth v. Cleckley · Commonwealth v. Gillespie · 2016 Pa. Super. 293 - Commonwealth v. Evans · Commonwealth v. Smith
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is true, as [Garlick] argues, that the language contained in [subs]ection 1547(b)(2)(ii) was mandatory at the time [the t]rooper requested that [Garlick] submit to a blood test. However, while [subs]ection 1547(b)(2)(ii) then commanded that a warning about enhanced criminal penalties be given, the purpose behind that provision is to make a licensee aware of the consequences of a refusal to take the test so that he can make a knowing and conscious choice. Following Birchfield , and as the Superior Court concluded thereafter, a licensee cannot be criminally punished for refusing a police officer's request to test his blood pursuant to the Implied Consent Law. Although, at the time [the t]rooper requested that [Garlick] submit to a blood test, [subs]ection 1547(b)(2)(ii) still required a warning that a licensee would be subject to enhanced criminal penalties under [subs]ection 3804(c) for refusing a test of his blood, [Garlick] could not, as a matter of constitutional law, be subject to such penalties. Stated simply, enhanced criminal penalties were not a consequence of [Garlick]'s refusing the requested blood test. [Garlick]'s argument is, in effect, that because the General Assembly did not immediately amend [subs]ection 1547(b)(2)(ii), [Penn]DOT and the police had to continue to apply [subs]ection 1547(b)(2)(ii). However, the effect of Birchfield and the Superior Court cases that followed was to render the criminal penalties warned of in [subs]ection 1547(b)(2)(ii) as appl”
1 later decision quote this exact passage“While there is no hard and fast list of factors evincing voluntariness, some considerations include: 1) the defendant's custodial status; 2) the use of duress or coercive tactics by law enforcement personnel; 3) the defendant's knowledge of his right to refuse to consent; 4) the defendant's education and intelligence; 5) the defendant's belief that no incriminating evidence will be found; and 6) the extent and level of the defendant's cooperation with the law enforcement personnel.”
1 later decision quote this exact passage“PennDOT, at the request of the Pennsylvania District Attorneys Association and a number of county district attorneys, amended Form DL-26 to remove any reference to enhanced criminal penalties for the refusal to submit to a blood test. The new form is known as Form DL-26B.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.