ILNews

Bisard asks Supreme Court to rule on blood-draw admissibility

IL Staff
October 19, 2012
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Attorneys for Indianapolis Metropolitan Police Department officer David Bisard have asked the Indiana Supreme Court to determine whether blood evidence may be admitted in his drunken driving and reckless homicide trial. Bisard was charged after driving his police cruiser into three motorcyclists who were stopped at an intersection, killing one.

A blood draw at the scene after the crash concluded that Bisard had been driving with a blood alcohol content of 0.19 percent, more than twice the legal limit.

Bisard argues that the blood draw did not follow appropriate protocols, and the trial court ruled that I.C. 9-30-6-6 (2010) compelled suppressing the blood evidence for purposes of the DUI charges, but not for the reckless homicide count.

Five weeks ago, a panel of the Indiana Court of Appeals reversed the trial court ruling in State of Indiana v. David Bisard, 49A04-1109-CR-459, and ordered that a blood draw taken from Bisard after the crash on Aug. 6, 2010, be admitted into evidence.

Senior Judge Randall Shepard wrote the unanimous 21-page decision  in which the appellate court found that the medical assistant who drew Bisard’s blood followed physician-approved protocols.

 “The issue presented is whether the trial court erred when it suppressed a blood test result for purpose of Title 9 charges (Driving While Intoxicated) but ruled the same blood test result admissible for purposes of Title 35 charges (Criminal Recklessness and Reckless Homicide),” the petition to transfer says. “In reversing the trial court’s suppression of the blood evidence, did the Court of Appeals reweigh the evidence, substitute its judgment for that of the trial court, significantly depart from accepted standards of review, and misinterpret existing precedent in a way that conflicts with existing appellate decisions?”

Bisard’s request for transfer to the Supreme Court also asks the justices to throw out the trial court determination that the blood draw was admissible for the reckless homicide count.


 

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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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