STATE v. DEMARAY

No. 04-1613.

704 N.W.2d 60 (2005)

STATE of Iowa, Appellant, v. Jay Edward DEMARAY, Appellee.

Supreme Court of Iowa.

September 23, 2005.


Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, Kasey E. Wadding, County Attorney, and Bryan Barker, Assistant County Attorney, for appellant.

James L. Wagner of Gartelos, Wagner & Ament, Waterloo, for appellee.


CADY, Justice.

This case provides us with an opportunity to examine whether blood test evidence obtained by the State pursuant to a written release of medical records, independent of the implied consent statute, may be admissible at trial in an operating while intoxicated (OWI) case. The district court suppressed the defendant's blood test after concluding that a written release of hospital records executed by the defendant was insufficient to waive the physician...

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