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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. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

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  5. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

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