Idaho v. Clapp
Annotate this CaseTyler Clapp appealed his conviction for driving under the influence. After stopping Clapp for “spinning cookies” in a parking lot, police became suspicious that Clapp was intoxicated. Clapp refused to submit to any field sobriety tests. Police then obtained a warrant for a blood draw, which showed that Clapp’s blood alcohol content (“BAC”) was 0.152 several hours after initially detaining him. At trial, the State sought to introduce the results of the blood draw. Over Clapp’s objection, the district court allowed the nurse who conducted the blood draw to testify telephonically to his qualifications in order to lay sufficient foundation to admit the results of the blood draw. The results of the blood draw were ultimately admitted, and the jury convicted Clapp of driving under the influence. Clapp appealed. The Idaho Supreme Court found the telephonic testimony violated Clapp’s right to confrontation, "'the face-to-face confrontation requirement is not absolute does not, of course, mean that it may be easily dispensed with. ... [A] defendant’s right to confront accusatory witnesses may be satisfied absent a physical, face-to-face confrontation at trial only where denial of such confrontation is necessary to further an important public policy and only where the reliability of the testimony is otherwise assured.' Both requirements must be met." Further, the Supreme Court determined the State failed to meet its burden establishing harmless error. The conviction was vacated and the matter remanded for further proceedings.
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