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State v. Anger9/30/2004
mony that a physician told him that Anger was injured constituted hearsay and that the district court erred in ruling, over Anger's objection, that the testimony was admissible under the "state of mind" exception to the general prohibition against hearsay. [FN11] We agree.
FN11. As we have noted, Anger also argues on appeal (1) that the district court erred in concluding that HRS § 286-151, see supra note 5, and this court's decision in State v. Wilson, 92 Hawai'i 45, 987 P.2d 268 (1999), were inapposite to the disposition of his motion, (2) that HRS § 286-163, see supra note 4, does not permit the forcible extraction
of a blood sample, and (3) that because he was not under arrest and did not give consent, the blood draw amounted to an unconstitutional search and seizure. This court's decision in State v. Entrekin, 98 Hawai'i 221, 47 P.3d 336 (2002), renders Anger's points of error moot. In Entrekin, we stated that
... HRS § 286-151 authorizes a breath, blood, or urine test, pursuant to the implied consent statute, "only after ... [a] lawful arrest[ ] and ... [t]he [arrested] person has been informed by a police officer of the sanctions [imposed] under part XIV and [HRS §§ ] 286-151.5 and 286- 157.3." In addition, HRS § 286-151.5 provides that, "[i]f a person ... refuses to submit to a breath or blood test, none shall be given, except as provided in [HRS § ] 286-163[.]" On the other hand, HRS § 286-163 provides that, in the event of a collision resulting in injury or death, "nothing in this part shall be construed to prevent the police from obtaining a sample of breath, blood, or urine as evidence of intoxication or influence of drugs[.] (Emphases added.) The plain language of HRS § 286-163 is unambiguous: the police are authorized to obtain a blood sample pursuant to HRS § 286-163 notwithstanding any other provision of the implied consent statute, including the requirement that a driver be lawfully arrested before administering a test pursuant to HRS § 286-151.
....
In light of the above, we hold that HRS ch. 286, part VII does not require the police to comply with the prerequisites of HRS § 286-151 in order to obtain breath, blood, or urine samples pursuant to HRS § 286- 163.
98 Hawai'i at 229-30, 47 P.3d at 344-345 (brackets and emphases in original). Furthermore, Entrekin held that "the nonconsensual extraction of a blood sample from Entrekin pursuant to HRS § 286-163 violated neither the fourth amendment to the United States Constitution nor article 1, section 7 of the Hawai'i Constitution, notwithstanding the fact that the police had not placed him under arrest prior to obtaining the blood sample." 98 Hawai'i at 233, 47 P.3d at 348. Inasmuch as we hold that the district court erred in denying Anger's motion to suppress, we need not reach the question whether the forcible extraction of a blood sample from Anger was conducted in a reasonable manner.
**638 *431 Hearsay is "a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." HRE 801(3) (1993 & Supp.2003). HRE Rule 802 (1993) provides that "[h]earsay is not admissible except as provided by these rules, or by other rules prescribed by the Hawaii supreme court, or by statute." In the present matter, Officer Silva testified that an anonymous physician advised him that Anger sustained injuries. Anger objected to Officer Silva's testimony regarding the physician's statement on hearsay grounds. The prosecution argued that Officer Silva's testimony was not being offered to prove the truth of the matter asserted, but rather to establish "the officer's state of mind." The district court overruled Anger's objection, and Officer Silva was allowed to testify
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