State v. Green
Supreme Court of Iowa
1Opinion of the Court
CADY, Justice.
In this appeal, we consider whether a phlebotomist is qualified to “withdraw a specimen of blood for the purpose of determining the alcohol concentration” in a prosecution for operating a motor vehicle while intoxicated. Iowa Code § 321J.11 (2003). The district court concluded that a phlebotomist is not included in the list of individuals who may withdraw a blood sample for testing and suppressed evidence of the defendant’s blood alcohol concentration garnered from a sample obtained by a phlebotomist. The State sought discretionary review of the district court’s decision, and we…
2Cases cited14 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- IBP, Inc. v. HarkerSupreme Court of Iowa · 2001
- Junkins v. BranstadSupreme Court of Iowa · 1988
- State Ex Rel. Pennartz v. OlcavageCourt of Appeals of Arizona · 2001
- State v. Bingham, Texas Court of Appeals, 10th District (Waco)1996
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3Cited by7 opinions
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- State Of Iowa Vs. Kevin Demale JohnsonSupreme Court of Iowa · 2009
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