Commonwealth v. Redman, R. (per curiam order)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, Respondent v. RICHARD ARDEN REDMAN, Petitioner : : : : : : : : : : : No. 472 MAL 2016 Petition for Allowance of Appeal from the Unpublished Memorandum and Order of the Superior Court at No. 930 MDA 2014 entered on June 10, 2016, affirming the Judgment of Sentence of the Bradford County Court of Common Pleas at No. CP-08-CR-0000580-2013 entered on May 13, 2014 ORDER PER CURIAM DECIDED: August 31, 2017 AND NOW, this 31st day of August, 2017, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issue set forth below. The issue, as stated by Petitioner, is: Whether the Superior Court’s decision conflicts with another Superior Court decision by holding in the instant case that a warrantless legal blood draw can be administered on an unconscious driver where the police officer has probable cause to arrest the driver which is in direct conflict with the holding of the published opinion in Commonwealth v. Myers[, 118 A.3d 1122 (Pa. Super. 2015)]? The order of the Superior Court is VACATED, and the case is REMANDED for reconsideration in light of Commonwealth v. Myers, ___ A.3d ___, 2017 WL 3045867 (Pa. July 19, 2017). Allocatur is DENIED without prejudice as to all remaining issues, as the Superior Court has not yet considered them in the first instance, and it may do so on remand. [472 MAL 2016] - 2

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