Commonwealth v. Osborne

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• defendant’s BAC fifty minutes after arrest of 0.1488% required Commonwealth to proffer expert relation back testimony to secure a conviction under 75 Pa.C.S.A. § 3731(a)(4)
• defendant's BAC fifty minutes after arrest of 0.1488% required Commonwealth to proffer expert relation back testimony to secure a conviction under 75 Pa.C.S.A. § 3731(a)(4)
• relation-back testimony required, even though test was taken within an hour of when defendant drove, since .1488 percent was not a substantial departure from .10%
• relation-back testimony required since .1488 percent was not a substantial departure from .10 and evidence established that defendant’s blood alcohol content was rising between driving and blood extraction
• judgment of sentence vacated because no expert testimony was presented relating a .1488 percent BAC finding back to when the defendant was driving, 50 minutes earlier
• “Ms. Osborne’s BAC was determined to be 0.1488 percent when she was tested at the hospital. We deem this reading not to be a substantial departure from 0.10 percent.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

16 cases in this archive cite this case.

• Commonwealth v. Montini
  Superior Court of Pennsylvania· 1998-04-27· cited 74×
• Commonwealth v. Loeper
  Supreme Court of Pennsylvania· 1995-06-23· cited 46×
• Commonwealth v. Duda
  Supreme Court of Pennsylvania· 2007-05-31· cited 44×
• State v. Christmas
  New Mexico Court of Appeals· 2001-12-28· cited 30×
• Commonwealth v. Proctor
  Superior Court of Pennsylvania· 1993-06-03· cited 28×
• State v. Martinez
  New Mexico Court of Appeals· 2002-02-15· cited 21×
• Commonwealth v. Phillips
  Superior Court of Pennsylvania· 1997-08-19· cited 18×
• Commonwealth v. Murray
  Superior Court of Pennsylvania· 2000-03-21· cited 15×
• Commonwealth v. Stith
  Superior Court of Pennsylvania· 1994-06-24· cited 14×
• Commonwealth v. Shade
  Supreme Court of Pennsylvania· 1996-07-26· cited 12×
• Commonwealth v. Downing
  Superior Court of Pennsylvania· 1999-08-24· cited 9×
• Commonwealth v. Curran
  Superior Court of Pennsylvania· 1997-09-29· cited 6×
• Commonwealth v. Mukina
  Superior Court of Pennsylvania· 1993-01-27· cited 5×
• Commonwealth v. Loeper
  Superior Court of Pennsylvania· 1993-02-16· cited 3×
• Commonwealth v. Bright
  Superior Court of Pennsylvania· 1994-05-18
• Commonwealth v. Barud
  Alleghany County Court of Common Pleas· 1994-09-19

Cites

4 cases in this archive are cited by this case.

• Commonwealth v. Cabeza
  Supreme Court of Pennsylvania· 1983-12-29· cited 222×
• Commonwealth v. Sessoms
  Supreme Court of Pennsylvania· 1987-10-07· cited 159×
• Commonwealth v. Jarman
  Supreme Court of Pennsylvania· 1992-01-22· cited 93×
• Commonwealth v. Modaffare
  Supreme Court of Pennsylvania· 1992-01-22· cited 72×