State v. Prouty, No. 55399
| Court | United States State Supreme Court of Iowa |
| Writing for the Court | Heard before MOORE; RAWLINGS |
| Citation | 219 N.W.2d 675 |
| Parties | STATE of Iowa, Appellee, v. Dallas Leander PROUTY, Appellant. |
| Docket Number | No. 55399 |
| Decision Date | 26 June 1974 |
Page 675
v.
Dallas Leander PROUTY, Appellant.
Page 676
Mike Wilson, Des Moines, for appellant.
Richard C. Turner, Atty. Gen., Darby Maria Coriden, Asst. Atty. Gen., and Clark E. McNeal, County Atty., for appellee.
Heard before MOORE, C.J., and RAWLINGS, LeGRAND, UHLENHOPP, and HARRIS, JJ.
RAWLINGS, Justice.
Defendant, Dallas Leander Prouty, appeals from judgment on jury verdict finding him guilty of operating a motor vehicle while under the influence of an alcoholic beverage. We reverse.
December 4, 1970, at about 12:15 a.m., Iowa Falls Police discovered a steel light pole, located about one-half mile from defendant's residence, had been struck and knocked down. Officer Countryman followed a trial of dark liquid which led him to defendant's home. Prouty was there seen emerging from an automobile, the right front of which was damaged and leaking fluid. Defendant's breath smelled of alcohol, his walk was unsteady, and he balanced himself by leaning against the car. After having been given the Miranda warnings, defendant was arrested.
At the police station Prouty consulted with his attorney and thereafter refused a written request for the taking of a blood specimen. Defendant did, however, provide a urine sample.
In course of trial defense counsel ineffectively moved to suppress all testimony regarding the urine sample and ensuing laboratory analysis. This motion was predicated upon the theory that medical standard procedure requires the first urine voidance be discarded and a subsequent sample taken since the first is inaccurate for alcohol content testing purposes. In support of his motion defendant's attorney argued the introduction of laboratory analysis testimony as to a single urine specimen violated Prouty's right to a fair and impartial trial.
Chemist Susanne Kelly, a State called witness, stated she received only one urine sample. When tested it disclosed 310 mg. of alcohol per 100 mm. of urine.
Dr. Regis Weland testified it is possible to determine the blood alcohol equivalent level by a urine analysis, and described the
Page 677
procedure employed. He opined a urine alcohol content of 31% By weight approximates 2.0% Blood alcohol.When the urine analysis report was offered in evidence defense counsel interposed a 'not the best evidence' objection. It was overruled.
Defendant's subsequent motion to strike all testimony by Chemist Kelly and Dr. Weland was also overruled.
Over defense counsel's timely objection the jury was, in effect, told by instruction 8 the blood alcohol content analysis report created a presumption of intoxication which could be rebutted by evidence to the contrary.
In support of a reversal Prouty contends, admission of the single urine sample analysis testimony and the giving of instruction 8 constituted reversible error.
I. First to be considered is the question posed regarding the urine test results.
In that regard Dr. Weland testimonially conceded a more accurate evaluation could be achieved if an individual were to first empty the bladder, wait a half hour, then give a specimen to be used in determining the blood alcohol content. Significantly, the doctor did not say a test based upon the first sample obtained would be inaccurate or lead to an erroneous chemical analysis.
Similarly, Prouty does not contend the urine test evidence was totally inaccurate. Rather, he suggests we hold it inadmissible because a second specimen would provide 'better and more reliable evidence.'
Assuming, arguendo, a 'not the best evidence' objection is here applicable, it still remains any deficiency demonstrated by Dr. Weland's testimony went...
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State v. Davis, No. 57395
...standard, essentially requires this court to impermissibly speculate as to which instruction the jury followed. See State v. Prouty, 219 N.W.2d 675, 678 (Iowa 1974); State v. Hutton, 207 N.W.2d 581, 583 (Iowa III. In another proposition relied on for reversal, defendant asserts his constitu......
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State v. Janssen, No. 58448
...v. Hansen, 203 N.W.2d 216 (Iowa); State v. Sloan, 203 N.W.2d 225 (Iowa); State v. Hutton, 207 N.W.2d 581 (Iowa), and State v. Prouty, 219 N.W.2d 675 (Iowa). We think, however, that the trial court carefully and successfully avoided the problem in those cases and brought itself instead under......
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State v. Thornburgh, No. 56210
...203 N.W.2d 216 (Iowa 1972), State v. Sloan, 203 N.W.2d 225 (Iowa 1972), State v. Hutton, 207 N.W.2d 581 (Iowa 1973) and State v. Prouty, 219 N.W.2d 675 (Iowa 1974), each involved instructions relating to the statutory presumption arising from the presence of a specified percentage of alcoho......
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State v. Winders, No. 83-1528
...the blood test results 'may be overcome or rebutted by evidence to the contrary.' " Id. (emphasis in original). See also State v. Prouty, 219 N.W.2d 675, 678 (Iowa 1974) (Hansen instruction given again, and again condemned by this In State v. Janssen, 239 N.W.2d 564, 566 (Iowa 1976), the ju......
-
State v. Davis, No. 57395
...standard, essentially requires this court to impermissibly speculate as to which instruction the jury followed. See State v. Prouty, 219 N.W.2d 675, 678 (Iowa 1974); State v. Hutton, 207 N.W.2d 581, 583 (Iowa III. In another proposition relied on for reversal, defendant asserts his constitu......
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State v. Janssen, No. 58448
...v. Hansen, 203 N.W.2d 216 (Iowa); State v. Sloan, 203 N.W.2d 225 (Iowa); State v. Hutton, 207 N.W.2d 581 (Iowa), and State v. Prouty, 219 N.W.2d 675 (Iowa). We think, however, that the trial court carefully and successfully avoided the problem in those cases and brought itself instead under......
-
State v. Thornburgh, No. 56210
...203 N.W.2d 216 (Iowa 1972), State v. Sloan, 203 N.W.2d 225 (Iowa 1972), State v. Hutton, 207 N.W.2d 581 (Iowa 1973) and State v. Prouty, 219 N.W.2d 675 (Iowa 1974), each involved instructions relating to the statutory presumption arising from the presence of a specified percentage of alcoho......
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State v. Winders, No. 83-1528
...the blood test results 'may be overcome or rebutted by evidence to the contrary.' " Id. (emphasis in original). See also State v. Prouty, 219 N.W.2d 675, 678 (Iowa 1974) (Hansen instruction given again, and again condemned by this In State v. Janssen, 239 N.W.2d 564, 566 (Iowa 1976), the ju......