Legal Opinion

Strong v. State

District Court of Appeal of Florida

Decided March 5, 1985No. 83-1599PublishedCited by 4 opinions

1Opinion of the Court

BASKIN, Judge.

Strong appeals his convictions for manslaughter. We reverse upon a finding that blood samples were unlawfully withdrawn from Strong, and the resulting blood tests were erroneously admitted into evidence.

The undisputed facts in the record reveal that the blood samples withdrawn from Strong were not taken at the request of a law enforcement officer, nor were they procured by a qualified individual pursuant to the mandatory provisions of section 316.1932(l)(f)2., Florida Statutes (Supp.1982). As this court stated in State v. Roose, 450 So.2d 861 (Fla. 3d DCA), review denied, 451…

2Cases cited5 opinions

  1. State v. BenderSupreme Court of Florida · 1980
  2. Grala v. StateDistrict Court of Appeal of Florida · 1982
  3. Campbell v. StateDistrict Court of Appeal of Florida · 1982
  4. State v. RooseDistrict Court of Appeal of Florida · 1984
  5. Grant v. BrownDistrict Court of Appeal of Florida · 1983

3Cited by4 opinions

  1. State v. StrongSupreme Court of Florida · 1987
  2. Gulley v. StateDistrict Court of Appeal of Florida · 1987
  3. State v. WaltherDistrict Court of Appeal of Florida · 1988
  4. State v. YoderSarasota County Court · 1986

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