State v. Bartels
A-23-716
Neb. Ct. App.Oct 8, 2024Background
- Justin J. Bartels was involved in a severe car accident after a night of drinking and was ultimately identified as the driver causing the crash.
- Law enforcement noted signs of significant intoxication in Bartels at the hospital, but Bartels refused both breath and blood alcohol tests.
- Due to impending emergency surgery and concern for dissipating evidence, police ordered a warrantless blood draw, later securing a warrant to test the collected blood sample.
- Blood test results showed Bartels had a BAC above the legal limit, and he was convicted at trial of DUI causing serious bodily injury.
- At trial, Bartels moved to suppress the blood test results on Fourth Amendment grounds, but the district court denied the motion. At trial, he failed to object to the blood results on Fourth Amendment grounds when ultimately introduced by a different witness.
- Bartels was sentenced to 3 years' imprisonment and 18 months' post-release supervision, and his license was revoked for 8 years; he appealed, arguing error in denial of suppression and that his sentence was excessive.
Issues
| Issue | Bartels' Argument | State's Argument | Held |
|---|---|---|---|
| Admissibility of Warrantless Blood Draw | Warrantless blood draw violated Fourth Amendment; no exigent circumstances existed | Surgery was imminent, creating exigent circumstances justifying immediate action | Not preserved for appeal; Bartels failed to object on Fourth Amendment grounds at trial to final evidence |
| Excessive Sentence | Sentence was excessive given mitigating factors and low risk of reoffending | Sentence was within statutory limits and considered all statutory factors, including Bartels' denial of responsibility | No abuse of discretion; sentence affirmed |
Key Cases Cited
- State v. Montoya, 305 Neb. 581 (2020) (Appellate review standards for motions to suppress based on Fourth Amendment)
- State v. Oldson, 293 Neb. 718 (2016) (Requirement to renew motion to suppress at trial to preserve error)
- State v. Lowman, 308 Neb. 482 (2021) (Failure to object at trial to evidence raised in suppression motion waives the issue on appeal)
- State v. Greer, 309 Neb. 667 (2021) (Review of sentences within statutory limits for abuse of discretion)
- State v. Roth, 311 Neb. 1007 (2022) (Definition of abuse of discretion)
- State v. Miller, 315 Neb. 951 (2024) (Statutory sentencing factors)