Thursday, June 13, 2013

A very dangerous opinion from the Second DCA

Kidder v. State:

DUI manslaughter case. Blood drawn from Defendant and FDLE determines 0.196 blood alcohol content. Defense participates in discovery. Defense has motion granted to send a blood sample to a lab for independent testing.

State then files motion in trial court to compel Defense to provide the results. Trial court grants the motion. Defense takes certiorari to the Second DCA.

Second DCA guts 40 years of practice and procedure in the State and upholds the trial court's order, despite acknowledging this is a really bad idea.

Everyone needs to read this.,%202013/2D12-3535.pdf

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