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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

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