Tapp v. State

OPINION

PAUL C. MURPHY, Senior Chief Justice (Assigned).

Clayton Harper Tapp appeals a conviction for Driving While Intoxicated on the grounds that the trial court erred in denying his motion to suppress his blood test results because: (1) the disclosure of the results was not obtained in compliance with the grand jury subpoena process and the results were admitted in violation of article 38.23 of the Code of Criminal Procedure and in violation of the privacy regulations promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and (2) the use of a grand…