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STATE v. EICHHORST

No. 28A01-0707-CR-310.

879 N.E.2d 1144 (2008)

STATE of Indiana, Appellant-Plaintiff, v. Ali EICHHORST, Appellee-Defendant.

Court of Appeals of Indiana.

January 30, 2008.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, Cynthia L. Ploughe, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

J.J. Paul, III, John D. Fierek, Voyles Zahn Paul Hogan & Merriman, Indianapolis, IN, Attorneys for Appellee.

OPINION

SHARPNACK, Judge.

The State of Indiana appeals the trial court's grant of a motion to suppress filed by Ali Eichhorst. The State raises one issue, which we restate as whether the trial court abused its discretion by granting Eichhorst's motion to suppress the results of the hospital's blood alcohol tests, which were obtained by the State pursuant to an investigatory subpoena duces tecum. We reverse and remand.

The relevant facts follow. In...

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