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Second District Court of Appeal Rejects Defense Request for Juror Interview in Florida DUI Case  Uploading ....In the matter of State versus. Monserrate-Jacobs, the Fifth District Court of Appeal held as follows:
The district court of appeal granted the State of Florida's petition for certiorari review regarding a post-trial juror interview. The defendant was charged with DUI-Manslaughter. The state presented evidence that blood samples that were taken from defendant on the night in question reflected that defendant had a blood alcohol level of .178. The blood draw kit used, along with the vials of the defendant's blood, were admitted into evidence. Defendant conjectured the blood draw must somehow have been contaminated either through defective outdated tubes and/or an expired blood draw kit. The jury asked to examine the blood kit during deliberations, in front of defendant's counsel; no objections were raised. Following the guilty verdict, the defendant filed a motion for juror interview, based on his belief that a particular juror had observed an expiration date on the blood kit and informed the other jurors of her findings. The Second District Court of Appeal held that the defendant's allegations were too speculative to permit a juror interview. The district court held that the defendant's didn't allege facts that would support his supposition that a juror had somehow ascertained the expiration date for the blood draw kit, and defendant also didn't allege that there was, in fact, an expiration date visible on the kit.
This case summary is provided to you by DUI Attorneys Michael Dye & Daniel Rosenberg. For more information, please contact Mr. Dye & Mr. Rosenberg at (305)459-6286 OR visit the firm website by clicking here: Firm Website.
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