State v. Cassius A. Foster

¶ 82. {dissenting). I conclude that the majority opinion has erred in its analysis of the court of appeals' decision accepting the no-merit report. For this reason, I dissent.

¶ 83. Before I write on the no-merit issue, which is an issue peculiar to the instant case but takes up a *50lesser part of the majority opinion, I write on the majority opinion's lengthy discussion of the constitutionality of warrantless, nonconsensual blood draws performed on persons suspected of driving under the influence of an intoxicant in light of Missouri v. McNeely, 133 S. Ct. 1552 (2013).

¶ 84. The majority opinion…