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State v. Schwarzmeier

State v. Schwarzmeier, 2015 MT 98 (April 7, 2015) (McGrath, C.J.) (5-0, aff’d)

Issue: Whether admission of a crime lab report showing defendant’s blood alcohol content at .193% violated the Confrontation Clause.

Short Answer: No.

Affirmed 

Facts: Schwarzmeier crashed his motorcycle in July 2013. Trooper Fetterhoff responded, and Schwarzmeier was transported to the hospital, where Fetterhoff performed nystagmus tests, which indicated a high level of intoxication. Schwarzmeier consented to a blood draw, which was sent to the crime lab and showed a BAC of .193.

Schwarzmeier entered a not guilty plea and moved in limine to exclude any reports from the crime lab on the grounds that the state did not provide written notice of its intention to offer the report into evidence as required by M.R.…