Hunter v. DelawareAnnotate this Case
Defendant-Appellant Cookie A. Hunter appealed his judgments of conviction, after a Superior Court jury trial, of Assault in the Second Degree, Resisting Arrest with Force or Violence, and Driving Under the Influence, First Offense. Defendant raised two issues in his direct appeal to the Supreme Court: (1) it was error for the trial judge to admit the results of his blood alcohol content (BAC) blood test into evidence because the foundational requirements necessary to admit that scientific evidence were not met; (2) the trial judge erred by not granting his motions for judgments of acquittal on the Assault and Resisting Arrest charges, because the State failed to preserve the videotape that recorded the events that led to those charges. Upon review, the Supreme Court concluded that the results of the BAC test were erroneously admitted into evidence. Therefore, the DUI judgment of conviction was reversed. Furthermore, the Court determined that Defendant's motions for judgments of acquittal on the Assault and Resisting Arrest charges were properly denied. Consequently, the judgments of the Superior Court were affirmed in part and reversed in part. The case was remanded for further proceedings.