State v. Hitchens

UHLENHOPP, Justice.

The single issue we must consider in this case is whether, in an involuntary manslaughter prosecution, the State may introduce the results of a blood test taken under warrant after the defendant refused police requests to submit to such a test.

The facts relevant to our determination are few. Defendant Roger Merrill Hitch-ens was involved in a two-vehicle traffic collision which was fatal to the other driver. Investigating officers at the scene became suspicious about Hitchen’s state of sobriety and placed him under arrest for operating a motor vehicle while under the…