Duncan v. State

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Michael Duncan ("Duncan") brings this interlocutory appeal arguing that the trial court erred in denying his motion to suppress the results of an alcohol blood test taken without his consent.

We reverse.

ISSUE

Whether the trial court erroneously denied Duncan's motion to suppress.

FACTS

During the later afternoon hours of Monday, August 12, 2001, Duncan was playing horseshoes with friends in the backyard of Larry Pavey's ("Larry") home in Marion County. Duncan had parked his pickup truck on the lawn and his wife, Christi Duncan ("Christi"), subsequently…