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State v. Eaton3/19/2004
The State appeals the trial court's order excluding evidence of blood alcohol test results based on its determination that the State had willfully violated the rules of discovery. We treat the State's appeal as a petition for a writ of certiorari and grant the petition because the trial court departed from the essential requirements of the law by excluding the evidence without considering other, less severe sanctions.
*652 On June 3, 2002, the State charged Eaton with vehicular homicide, DUI manslaughter, driving under the influence with property damage and/or personal injury, and violation of a restricted driver's license after the car he was driving collided with another vehicle, killing Eaton's passenger. Eaton was also severely injured and hospitalized, and the hospital drew and tested his blood for medical purposes. The results of this test are the subject of this petition. [FN1]
FN1. Evidently, there was a second blood draw taken at the request of law enforcement pursuant to section 316.1933, Florida Statutes (2002). Because the results of this blood draw showed Eaton's blood alcohol level to be within the legal limit for driving, the State wanted the test results of the blood drawn for medical purposes for use at trial.
Eaton filed a notice of discovery pursuant to Florida Rule of Criminal Procedure 3.220 on July 19, 2002. The State filed its discovery exhibit in response on September 4, 2002. The discovery exhibit contained no reference to test results of blood drawn for medical purposes, although it did reference Eaton's hospital records and the traffic homicide investigation report. To follow up, defense counsel twice wrote to the assistant state attorney, asking for any documentation with regard to "medical blood" the State intended to use at trial. The assistant state attorney replied in a letter dated October 8, 2002, "As to the blood work, you have all the documentation in my file." The record does not indicate that the assistant state attorney was attempting to mislead defense counsel with this answer.
Eaton was out of custody and had previously waived speedy trial. Also, he had once requested, and been granted, a continuance because he needed surgery for the injuries he had sustained in the car crash. The jury trial was set for April 28, 2003. On March 24, 2003, Eaton moved to suppress the "medical blood" test results on two grounds: first, because the State had failed to provide any formal notice or documentation of the blood alcohol test results despite Eaton's notice of discovery; and second, because the blood alcohol test results had been obtained in violation of section 395.3025(4)(d), Florida Statutes (2002). [FN2]
FN2. Section 395.3025(4)(d), Florida Statutes (2002), provides:
(4) Patient records are confidential and must not be disclosed without the consent of the person to whom they pertain, but appropriate disclosure may be made without such consent to:
....
(d) In any civil or criminal action, unless otherwise prohibited by law, upon the issuance of a subpoena from a court of competent jurisdiction and proper notice by the party seeking such records to the patient or his or her legal representative.
The trial court held a hearing on the motion on April 23, 2003, five days before the trial was to begin. It determined that the State had failed to provide Eaton with notice of its intent to use the blood alcohol test results in violation of rule 3.220(b). Although the State argued that the hospital records were available for inspection, the trial court explained, "He doesn't have to go on a wild goose chase to figure out whose [sic] got what. There is [sic] a few simple things that you do in discovery. Tell him that you have scientific evidence, who the witness is, and
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