HELTON v. COM.

No. 2008-SC-000141-MR.

299 S.W.3d 555 (2010)

Melissa HELTON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied January 21, 2010.

As Modified January 26, 2010.


Attorney(s) appearing for the Case

Edward E. Dove, Lexington, KY, Counsel for Appellant.

Jack Conway, Attorney General, Joshua D. Farley, Assistant Attorney General, Attorney General's Office, Office of Criminal Appeals, Frankfort, KY, Counsel for Appellee.


Opinion of the Court by Justice NOBLE.

Appellant Melissa Helton was convicted of multiple counts of wanton murder and several other charges stemming from a car accident in which she was driving under the influence of alcohol. The evidence that she challenges is a blood sample, which the police took at the hospital while she was unconscious or nearly so after the accident. She claims that this practice violates KRS 189A.105(2)(b), which requires a warrant to test blood...

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