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COMMONWEALTH v. CARPER

No. 1715 WDA 2016.

172 A.3d 613 (2017)

2017 PA Super 326

COMMONWEALTH of Pennsylvania, Appellant v. Brian Wayne CARPER, Appellee.

Superior Court of Pennsylvania.

Filed October 13, 2017.

Attorney(s) appearing for the Case

Scott M. Lilly , Assistant District Attorney, Ebensburg, for Commonwealth, appellant.

Lucas A. Kelleher , Public Defender, Bedford, for appellee.

BEFORE: OLSON, J., DUBOW, J., and STEVENS, P.J.E.

The Commonwealth of Pennsylvania appeals from the October 7, 2016 order granting Appellee Brian Wayne Carper's suppression motion and granting, in part, his habeas corpus motion. In this case, we conclude that Appellee preserved his state constitutional claim in his post-suppression hearing brief. We hold that blood...

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