(Download) "Kurt F. Bowman v. State Indiana" by Supreme Court of Indiana No. 20S03-9108-CR-672 # eBook PDF Kindle ePub Free
eBook details
- Title: Kurt F. Bowman v. State Indiana
- Author : Supreme Court of Indiana No. 20S03-9108-CR-672
- Release Date : January 30, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Defendant Kurt F. Bowman operated an automobile involved in an accident that resulted in fatal injuries to his passenger.
Following a jury trial, he was convicted of separate counts charging operating a vehicle while intoxicated, causing death
(OWI death), and operating a vehicle with a blood alcohol level of .10% or more, resulting in death (OWBA death). The Court
of Appeals affirmed the conviction for OWI death, but reversed and remanded for a new trial on the charge of OWBA death, correctly
determining that due to improper procedures used in the administration of the breathalyser test, the trial court erred in
admitting into evidence the test results which indicated a .14% blood alcohol level. Bowman v. State (1990), Ind.App., 564
N.E.2d 309. The defendant's petition to transfer asserts that the Court of Appeals applied the wrong standard in reviewing
whether the improper breathalyser evidence also required reversal of the OWI death conviction. In determining the effect of the erroneous breathalyser evidence upon the defendant's conviction for OWI death, the Court
of Appeals reasoned that, "even absent the breathalyser test, there was substantial evidence of probative value to support
the inference that Bowman was intoxicated." 564 N.E.2d at 312. This is an incorrect standard.