AR: Consent to a blood draw waives statutory requirement doctor or nurse do it

When a defendant in a DUI negligent homicide case consents to a blood draw, it doesn’t matter that the sample wasn’t drawn by a nurse or a doctor. Here it was a lab technician, and the results were admissible. Roe v. State, 2015 Ark. App. 693, 2015 Ark. App. LEXIS 781 (Dec. 2, 2015).

Defendant consented to a search of her person, bag, and pillow before the officer asked for her sweater. She had to understand that the sweater was going to be searched, so it’s voluntary under the totality of circumstances. United States v. Amador-Beltran, 2015 U.S. Dist. LEXIS 162688 (D.N.M. Nov. 19, 2015).*

“Because Williams was not prejudiced by counsel’s failure to seek suppression based on a lack of probable cause to arrest, we need not address whether counsel was deficient in not doing more to apprise Williams of the advisability and potential for success of such a motion.” Williams v. United States, 2015 U.S. App. LEXIS 21102 (6th Cir. Dec. 3, 2015).*