COM. v. DYARMAN

No. 33 MAP 2012

73 A.3d 565 (2013)

COMMONWEALTH of Pennsylvania, Appellee v. Mary A. DYARMAN, Appellant.

Supreme Court of Pennsylvania.

Decided August 20, 2013.


Attorney(s) appearing for the Case

Joshua Auriemma, Esq. , Bryan Eugene DePowell, Jr., Esq. , McShane Firm, LLC, for Pennsylvania Association for Drunk Driving Defense Attorneys, Amicus Curiae.

Bradley Steven Bridge, Esq. , Owen W. Larrabee, Esq. , Defender Association of Philadelphia, for Defender Association of Philadelphia, Amicus Curiae.

Drew Francis Deyo, Esq. , Karl Ernst Rominger, Esq. , Carlisle, Rominger & Associates, for Mary A. Dyarman.

David James Freed, Esq. , Charles John Volkert, Jr. , Matthew Peter Smith , Cumberland County District Attorney's Office, Joshua Merrill Yohe , Cumberland County Court, for Commonwealth of Pennsylvania.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.


OPINION

Justice EAKIN.

We granted review to determine whether the admission of accuracy and calibration certificates for breath test machines without testimony from the individual who performed the testing and prepared the certificates violated appellant's Sixth Amendment right to confrontation. Under the circumstances of this case, we hold appellant's Sixth Amendment right was not violated, and affirm the order of the Superior Court.

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