Short v. State
962 N.E.2d 146
Ind. Ct. App.2012Background
- Bernard Short was convicted of Class A misdemeanor operating a vehicle while intoxicated following a DUI stop on I-70 in Indianapolis.
- Short had BAC of 0.10 from a certified chemical breath test; he challenged the test’s admissibility at trial.
- Lieutenant Kivett testified to proper breath-test procedure; Short argued earlier suppression testimony showed noncompliance.
- The trial court admitted the breath-test results over Short’s objection; Short sought jury instruction on admissibility.
- The jury convicted Short; the trial court merged the Class C BAC charge into the Class A OWI conviction and sentenced him.
- Short appeals, arguing admissibility and jury-instruction errors are reversible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of breath test results | Short: procedures not followed; test void | State: trial testimony clarified procedure; test valid | Admissible; no abuse of discretion |
| Jury instruction on admissibility | Short: instruction needed on admissibility | Short: issue for jury; court rejected instruction | Instruction properly rejected; admissibility for court |
Key Cases Cited
- State v. Molnar, 803 N.E.2d 261 (Ind.Ct.App. 2004) (burden on State to establish admissibility of breath test results)
- Williams v. State, 898 N.E.2d 400 (Ind.Ct.App. 2008) (evidence reviewed in light of most favorable to trial court)
- Ramirez v. State, 928 N.E.2d 214 (Ind.Ct.App. 2010) (injunctions on jury admissibility language not controlling for instructions)
- Brown v. State, 417 N.E.2d 333 (Ind. 1981) (admissibility decisions made by court, not jury)
- Coates v. State, 534 N.E.2d 1087 (Ind. 1989) (rape shield-like rationale; admissibility handled by trial court)
- Ludy v. State, 784 N.E.2d 459 (Ind. 2003) (instruction language must reflect admissibility determinations by court)
- Treadway v. State, 924 N.E.2d 621 (Ind. 2010) (jury instruction standards for evidentiary issues)