Legal Opinion

State v. Green

Supreme Court of Iowa

Decided June 11, 2004No. 03-0639PublishedCited by 7 opinions

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

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. IBP, Inc. v. HarkerSupreme Court of Iowa · 2001
  3. Junkins v. BranstadSupreme Court of Iowa · 1988
  4. State Ex Rel. Pennartz v. OlcavageCourt of Appeals of Arizona · 2001
  5. State v. Bingham, Texas Court of Appeals, 10th District (Waco)1996

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3Cited by7 opinions

  1. State v. KukowskiSupreme Court of Iowa · 2005
  2. State v. JohnsonSupreme Court of Iowa · 2009
  3. Beganovic v. MuxfeldtSupreme Court of Iowa · 2009
  4. Mirsad Beganovic And Minka Beganovic Vs. Joshua Muxfeldt And Lonnie G. MuxfeldtSupreme Court of Iowa · 2009
  5. State Of Iowa Vs. Kevin Demale JohnsonSupreme Court of Iowa · 2009

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