Opinion

Commonwealth v. Garofalo

  • 386 Pa. Super. 363
  • 563 A.2d 109
  • 1989 Pa. Super. LEXIS 2389
Court
Supreme Court of Pennsylvania
Filed
Aug 3, 1989
Status
Published
Author
McEWEN
On the bench
Wieand, McEwen, Olszewski
Cited by
6 cases
Authority
More cited than 9.1%

The opinion

McEWEN, Judge,

concurring.

The author of the majority view quite correctly concludes that application of the principles presently prevailing in this Commonwealth require rejection of the arguments of appellant. Moreover, the fine expression of the majority, in rejecting the constitutional challenge, relies upon the careful rationale of our eminent colleague Judge Zoran Popovich in Commonwealth v. Kravontka, 384 Pa.Super. 346 , 558 A.2d 865 (1989). I write only to observe that I, most respectfully, do not share the view of my colleagues that the presentation of reports of blood alcohol analysis does not violate the rights of an accused under the Confrontation *373 Clause of the United States Constitution. I forego expression of the basis for my conclusion since it in major measure mirrors the rationale already provided in the dissenting opinion of our esteemed former colleague and President Judge Edmund B. Speath, Jr., in Commonwealth v. Karch, 349 Pa.Super. 227 , 502 A.2d 1359 (1986).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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