Thursday, October 18, 2012
Ind. Decisions - Petition to transfer in David Bisard case
The ILB has obtained a copy of the unofficial, unsigned version of the David Bisard petition to transfer. A quote:
QUESTIONS PRESENTED ON TRANSFER The issue presented is whether the trial court erred when it suppressed a blood test result for purpose of Title 9 charges (Driving While Intoxicated) but ruled the same blood test result admissible for purposes of Title 35 charges (Criminal Recklessness and Reckless Homicide). In reversing the trial court's suppression of the blood evidence, did the Court of Appeals reweigh the evidence, substitute its judgment for that of the trial court, significantly depart from accepted standards of review, and misinterpret existing precedent in a way that conflicts with existing appellate decisions?For background see this Sept. 12, 2012 ILB entry on the COA opinion, and this follow-up entry from later the same day, quoting Prof. Schumm.
Posted by Marcia Oddi on October 18, 2012 03:14 PM
Posted to Ind. App.Ct. Decisions