Peek v. State

Benham, Chief Justice.

Arrested and charged with driving under the influence of alcohol, Earl Peek agreed to submit to a state-administered blood test. His blood was drawn by Ha Bolia, a Southern Regional Medical Center employee. At trial, the State was permitted to introduce as a business record1 a “computer print-out” of an “employee education cumulative report” to show that Bolia was a phlebotomist.

Peek was convicted of DUI, and the Court of Appeals affirmed, holding that the “employee education cumulative report” was admissible under the business record exception to the hearsay rule to…