M.D. Appeal Dkt.

36 2018

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 125 MAL 2018 : Respondent : : Petition for Allowance of Appeal from : the Order of the Superior Court v. : : : KIRK JACOB HAYS, : : Petitioner :

ORDER

PER CURIAM AND NOW, this 24th day of July, 2018, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by Petitioner, is:

Should Birchfield v. North Dakota apply to all cases not yet final when the decision was rendered?