(Download) "People v. Murphy" by Supreme Court of Illinois ~ eBook PDF Kindle ePub Free
eBook details
- Title: People v. Murphy
- Author : Supreme Court of Illinois
- Release Date : January 03, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Following her indictment for reckless homicide (Ill. Rev. Stat. 1981, ch. 38, par. 9-3(a)) in the circuit court of Will County, Erin B. Murphy filed a motion in limine to exclude from evidence the results of a chemical analysis of a sample taken of her blood. The circuit court granted the motion, and the State filed an interlocutory appeal to the appellate court under our Rule 308 (87 Ill.2d R. 308). The appellate court affirmed the order of exclusion (124 Ill. App.3d 695), and we granted the State's petition for leave to appeal under Rule 315 (87 Ill.2d R. 315). At the hearing on the defendant's motion, the parties stipulated that Murphy was driving her automobile on the night of February 4, 1983, when it struck a guardrail along Washington Street in Naperville. Her passenger, Kathleen Eckardt, sustained fatal injuries. It was stipulated that Murphy was taken to Edward Hospital in Naperville, where a doctor, in the course of emergency treatment for injuries she received, ordered a blood sample to be taken. The sample was taken and analyzed by Maria Cruz, a medical technician at the hospital laboratory. Murphy was not under arrest at the time the blood sample was drawn. Finally, it was stipulated that the laboratory at Edward Hospital was licensed by the Illinois Department of Public Health to conduct, inter alia, chemical analyses of blood samples for medical purposes. It was also stipulated that the laboratory and technicians there had not been certified under sections 12.01 through 12.04 of the Standards and Procedures for Testing for Alcohol and/or Other Drugs (Standards) of the Illinois Department of Public Health as provided for in section 11-501.2 of the Illinois Vehicle Code (Ill. Rev. Stat. 1981, ch. 95 1/2, par. 11-501.2).
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