Commonwealth v. McCoy, 202 MAL 2006.

• Decision Date: 26 June 2008
• Docket Number: No. 202 MAL 2006.,202 MAL 2006.
• Citation: 951 A.2d 264
• Parties: COMMONWEALTH of Pennsylvania, Respondent v. Ray D. McCOY, Jr., Petitioner.
• Court: Pennsylvania Supreme Court

951 A.2d 264

COMMONWEALTH of Pennsylvania, Respondent v. Ray D. McCOY, Jr., Petitioner.

No. 202 MAL 2006.

Supreme Court of Pennsylvania.

June 26, 2008.

Petition No. 202 MAL 2006 for Allowance of Appeal from the Order of the Superior Court.

Prior report: 895 A.2d 18.

ORDER

PER CURIAM.

AND NOW, this 26th day of June, 2008, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to all remaining issues. The issue, rephrased for clarity, is:

Whether the Sixth Amendment and Article I, § 9 provide a right to counsel before refusing to submit to chemical testing when such refusal would subject the DUI suspect to imprisonment pursuant to 75 Pa.C.S. § 3804(c).