State v. Nissley

After a jury trial, Defendant was found guilty of reckless manslaughter. Defendant appealed, arguing that the trial court erred when it denied his motion to suppress an involuntary blood sample taken for medical purposes when medical personnel rendered treatment against Defendant’s will. The court of appeals affirmed. The Supreme Court vacated the court of appeals’ opinion, holding that, to invoke the medical blood draw exception to the warrant requirement set forth in Ariz. Rev. Stat. 28-1388(E), the state must establish that a suspect expressly or impliedly consented to medical treatment or that medical personnel acted when the suspect was incapable of directing his or her own medical treatment. Remanded with directions that the trial court apply the standards set forth in this opinion. View "State v. Nissley" on Justia Law