PA: Birchfield not retroactive on post-conviction

Birchfield is not a new rule for post-conviction purposes and thus not retroactive. Commonwealth v. Olson, 2019 Pa. LEXIS 6120 (Oct. 31, 2019).

Defendant was involved in an ATV accident and hospitalized. The state wanted BAC, but he wasn’t available. Instead, the state got a search warrant for his medical records, and the defense moved to suppress because they were obtained in violation of physician-patient privilege. The state appealed, and the appeal was dismissed for lack of jurisdiction. The state can still prosecute without the BAC. State v. Grzadzieleski, 2019 ND 254, 2019 N.D. LEXIS 258 (Oct. 29, 2019).*

Defense counsel didn’t file a motion to suppress the search of defendant’s cell phone which occurred before Riley but where binding authority at the time of the search meant they would lose. No ineffective assistance of counsel because the good faith exception would apply. Colwell v. United States, 2019 U.S. Dist. LEXIS 188515 (E.D. Cal. Oct. 30, 2019).*

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