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Thursday, January 13, 2011
Ind. Law - "Brizzi declined to comment on the case to 6News, citing his exclusive contract with another television station" [Updated twice]
That is a quote from this 6NEWS story last evening, headed "Alcohol Charges Against Bisard To Be Re-Filed: Prosecutor Says Judge Should Decide Blood Test Admissibility." Interesting.
See also this ILB entry from yesterday.
[More] Prosecutor Curry reportedly referenced this COA opinion in his press conference yesterday: Thomas C. Temperly v. State of Indiana, decided Thursday, September 09, 2010. See the ILB summary here.
[Updated at 9:00 am] Carrie Ritchie of the Indianapolis Star has this story today, headed "Will new alcohol charges stick in Bisard case?"
The Star links to Prosecutor Curry's motion to dismiss and refile. On p. 3 of the document, "in support of the motion," para. 3(e), the following:
The decision to dismiss and re-file is not based in prosecutorial vindictiveness, nor is it an abuse of prosecutorial discretion. The undersigned in previous statements made it clear that his legal interpretation of lndiana statutes and case law pertaining to the admissibility of the blood draw in this case differed from that of his predecessor. Further, after the·OVWI counts were dismissed by the prior administration the Court of Appeals decided the case of Temperly v. State, 933 N.E.2d 558 (Ind.Ct.App. 2010). The OVWI counts were dismissed by the State on August 20, 2010; the Temperly case was decided September 9, 2010.
Posted by Marcia Oddi on January 13, 2011 08:33 AM
Posted to Indiana Law