State v. Smith

Citations

• 2019 Ohio 4706

Syllabus

The trial court did not err in allowing the State (1) to present testimony from emergency medical personnel about appellant's admission to consuming alcohol prior to a fatal traffic accident and (2) to introduce medical records/testimony concerning her blood-ethanol level at the time of her hospital admission following the accident. No \taint\ from any Fourth Amendment violation precluded the State from introducing testimony from the emergency medical personnel and appellant's medical records. The trial court did not err in allowing the records concerning appellant's blood-ethanol level to be admitted into evidence where those records were admissible under Evid.R. 803(6.) The trial court did not err in allowing rebuttal testimony concerning the drug Ativan and an \alcohol withdrawal protocol\ during appellant's hospital stay. Judgment affirmed.