Duckett v. State

I agree with the majority that the trial court erred in ruling that appellant’s request for an independent blood test was unclear and untimely. Because I do not agree that the record presents a question of fact for trial court determination with respect to withdrawal of that request, however, I would reverse the trial court’s denial of appellant’s motion to suppress rather than remand for further consideration of withdrawal.

The only evidence in the record even suggesting withdrawal of appellant’s request is his failure to repeat his request for an independent blood test; Officer Cox’s…