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Court correctly ruled toxicology department audit results ‘irrelevant’

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The Hamilton Superior Court properly denied a defendant’s attempt to elicit testimony concerning the reliability of toxicology test results from the Indiana Department of Toxicology dealing with an audit of tests performed by the department from 2007 to 2009, the Indiana Court of Appeals held Thursday.

Troy Wilson was charged with Class A misdemeanors possession of marijuana and driving while intoxicated; he only challenged his DWI conviction on appeal. Wilson agreed to submit to a blood draw test for the presence of alcohol in his system on Dec. 6, 2009, and a nurse performed the blood draw using a kit provided to police by the State Department of Toxicology. It was later analyzed by the department’s lab in 2010, and tested again in 2011 after the original analyst was no longer employed with the department. Wilson was convicted in January 2012.

At trial, Wilson sought to introduce testimony from Dr. Scott Kriger, Ph.D., the department’s director, concerning audits conducted of test results produced by the department during 2007, 2008 and 2009. The independent audit found testing errors in around 10 percent of marijuana tests and a third of cocaine tests. Further audits were postponed before alcohol tests could be reviewed. The state objected and the trial court ruled the testimony inadmissible.

The Court of Appeals rejected Wilson’s argument that his confrontation rights were violated when he was unable to elicit the audit testimony from Kriger. But he was able to cross-examine the second analyst and Kriger regarding how the tests are performed and other information, Judge L. Mark Bailey wrote in Troy Wilson v. State of Indiana, 29A02-1202-CR-88.

The trial court also didn’t err in determining the audit testimony was irrelevant as the audit pertained to samples tested from 2007 to 2009 and Wilson’s test used at trial was performed in 2011, the judges held. Wilson argued the audit results impact the jury’s assessment of the credibility of the department’s analysis of his blood sample because his test “could have been part of an audit.”

“The discontinuation of the audit on blood-alcohol samples and the period of time covered by the audits generally may bear upon the credibility of the Department’s testing results from 2007 to 2009. But it is not clear that these questions bear upon the credibility of the Department’s analysis here, where different procedures were executed by different analysts serving under a different Director more than 1 ½ years beyond the chronological scope of the audits,” Bailey wrote.

 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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