State v. Thompson, 2018 Ohio 5308

On August 23, 2015 a white Silverado driven by John Paul Thompson crashed into a Kia Sportage driven by Kelly Potoczny; Thompson and passenger Ross Wind had been drinking together earlier. Potoczny and Wind suffered serious injuries.
First responders and witnesses reported the pickup traveling at very high speed, alcohol containers at the scene, a toolbox ejected from the truck, and Thompson smelled of alcohol. Black box data showed speeds over 80 mph seconds before impact and no braking until shortly before the crash.
Thompson was ejected from the truck, unconscious in the ER; Officer Telquist obtained a warrantless blood draw (OSHP kit) at the hospital. Thompson’s blood alcohol was .182.
Thompson pleaded guilty to two counts, later withdrew pleas, proceeded to jury trial, and was convicted on Counts I, II, III and V. He received an aggregate 4-year prison term.
Post-trial Thompson moved for a new trial alleging prosecutorial/ex parte misconduct (subpoena for his medical records after expert testimony) and that an expert lied about reviewing his records; he also moved to suppress the blood test as obtained without probable cause or valid arrest.
The trial court denied the suppression motion and the motion for new trial; the appellate court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court abused discretion in denying Crim.R. 33 new-trial motion alleging ex parte contact and false expert testimony	State: any contact about a subpoena was ministerial, defense received records, no prejudice	Thompson: prosecutor and judge engaged in ex parte communications; expert falsely testified he reviewed Thompson’s medical records and subpoena was obtained to cover that up	No abuse of discretion; allegations speculative, records were disclosed, not used at trial, defendant failed to show prejudice
Whether warrantless hospital blood draw violated Fourth Amendment or R.C. 4511.191 because no formal arrest occurred	State: constructive arrest in hospital and implied-consent procedures satisfied; exigent medical circumstances justified timing	Thompson: he was not "arrested" so implied-consent and blood draw were invalid	Blood draw valid: officer had probable cause based on totality (speed, alcohol odor, scene evidence) and constructive arrest justified implied consent

Schmerber v. California, 384 U.S. 757 (recognizes limits on warrantless bodily intrusions and Fourth Amendment interests)
Katz v. United States, 389 U.S. 347 (warrantless searches unreasonable except for well-delineated exceptions)
Winston v. Lee, 470 U.S. 753 (Fourth Amendment balancing for bodily intrusions)
State v. Homan, 89 Ohio St.3d 421 (totality of circumstances can support OVI probable cause without field sobriety tests)
State v. Schiebel, 55 Ohio St.3d 71 (abuse-of-discretion standard for Crim.R. 33 motions)
State v. Fanning, 1 Ohio St.3d 19 (appellate review standard for suppression factual findings)
State v. Sage, 31 Ohio St.3d 173 (abuse-of-discretion definition and review principles)