San Francisco DUI Lawyer - Confrontation Cases

 Posted on February 21, 2013 in DUI

State v. Sorensen
___N.W.2d ___, 283 Neb. 932, 2012 WL 1889206 (Neb.) (May 25, 2012)

A nurse’s certificate that blood was drawn in a medically accepted manner, signed at the request of law enforcement in connection with Defendant’s DUI arrest, was “testimonial" within the meaning of the Confrontation Clause. It was in essence an “affidavit" and improperly admitted into evidence because the nurse was not subject to cross-examination.