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STATE v. DeWITT

No. 33706.

184 P.3d 215 (2008)

STATE of Idaho, Plaintiff-Appellant, v. Shawn Patrick DeWITT, Defendant-Respondent.

Court of Appeals of Idaho.

April 29, 2008.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden, Attorney General; John C. McKinney, Deputy Attorney General, Boise, for appellant. John C. McKinney argued.

John F. Porter, Troy, for respondent.

WALTERS, Judge Pro Tem.

The state appeals from the decision of the district court affirming a magistrate order suppressing evidence of blood testing done on Shawn Patrick DeWitt.

I.

FACTUAL & PROCEDURAL BACKGROUND

DeWitt was seriously injured in a single car accident. He was the only individual in the car, and emergency responders removed him from the driver's seat so that he could be transported...

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