Legal Opinion · Dissent

Krause v. State

Court of Criminal Appeals of Texas

Decided May 8, 2013No. PD-0819-12Published

1Dissent

PRICE, J.,

filed a dissenting opinion in which WOMACK, J., joined.

Rachel Lopez was not a physician, chemist, registered professional nurse, or licensed vocational nurse. If she was authorized to draw the appellant’s blood under the statute, it could only be by virtue of her status as a “qualified technician.”1 The statute does not define this term, but it does expressly provide that it “does not include emergency medical services personnel.” 2 Lopez received her training in blood extraction in her capacity as an Emergency Medical Technician-Intermediate (EMT-I).3 Insofar as the record reveals,…

2Cases cited6 opinions

  1. Tapps v. StateCourt of Criminal Appeals of Texas · 2009
  2. State v. Laird, Texas Court of Appeals, 3rd District (Austin)2001
  3. State v. Bingham, Texas Court of Appeals, 10th District (Waco)1996
  4. Cavazos v. State, Texas Court of Appeals, 13th District1998
  5. Torres v. StateCourt of Appeals of Texas · 2003

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