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In the case of State versus. Monserrate-Jacobs, the 5th District Court of Appeal ruled as follows: The Second District Court of Appeal granted the state'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 kit used, as well as the vials of 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 Defendant conjectured the blood draw must somehow have been contaminated either through defective outdated tubes and/or an expired blood kit. The jury asked to examine the blood kit during their deliberations, in front of the defendant's counsel; no objections were raised. Following the guilty verdict, defendant filed a motion for juror interview, based on his belief that a particular juror had seen an expiration date on the blood draw kit and informed other jurors of her observations. The Second District Court of Appeal held that defendant's allegations were too speculative to allow a juror interview. The district court of appeal held that the defendant's failed to allege facts sufficient support his supposition that a juror had somehow ascertained the expiration date for the blood draw kit, and defendant also did not allege that there was, in fact, an expiration date visible on the kit. This case summary is provided to you by Florida DUI Attorney Michael Dye. For more information, please contact Mr. Dye at (954)745-5848 OR visit the firm website by clicking here: florida dui attorney.
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