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State v. Salamone

Arizona Court of Appeals
No. 1 CA-CR 16-0204, 2017 Ariz. App. Unpub. LEXIS 871 (2017)

Written by Sean Carroll, JD

Facts

Anthony Salamone (defendant) was pulled over for driving erratically. Salamone failed field sobriety tests but refused a breathalyzer test. After receiving a warrant, law enforcement drew Salamone’s blood to test. Department of Public Safety (DPS) employee Guilbault-Miscovich analyzed the blood sample and reported a blood alcohol concentration (BAC) of 0.174, over three hours after Salamone was pulled over. When Salamone went to trial, Guilbault-Miscovich no longer worked for the DPS. The prosecution (plaintiff) called another DPS employee, Boone, to testify to Salamone’s BAC based on Guilbault-Miscovich’s report. Salamone objected to this testimony, claiming that it violated the Confrontation Clause because it did not afford him the opportunity to confront Guilbault-Miscovich.

Rule of Law

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Issue

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Holding and Reasoning (Cattani, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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