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COMMONWEALTH v. HAYS

No. 36 MAP 2018.

218 A.3d 1260 (2019)

COMMONWEALTH of Pennsylvania, Appellee, v. Kirk Jacob HAYS, Appellant.

Supreme Court of Pennsylvania.

Decided: October 31, 2019.

Attorney(s) appearing for the Case

Peter Rosalsky, Esq. , Defender Association of Philadelphia, for Defender Association of Philadelphia, Amicus Curiae.

Timothy Matthew Barrouk, Esq. , Kaitlyn Sherry Clarkson, Esq. , The McShane Firm, LLC, for Hays, Kirk Jacob, Appellant.

Kirsten Ann Gardner, Esq. , for Commonwealth of Pennsylvania, Appellee.

Kenneth A. Osokow, Esq. , Lycoming County District Attorney's Office, for Commonwealth of Pennsylvania, Appellee.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

We granted allocatur in this matter to determine whether Birchfield v. North Dakota, ___ U.S. ___, 136 S.Ct. 2160, 195 L.Ed.2d 560 (2016), applies to all cases not yet final when the decision was rendered.1 Integral to this...

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