Cookie A. Hunter, Below v. State of Delaware, Below

Summary

The court reversed Hunter’s DUI conviction because the State did not establish a proper foundation for admitting the BAC result: the blood-collection kit was expired and its tube was vigorously shaken contrary to the manufacturer’s instructions. The court affirmed the Assault and Resisting Arrest convictions because the missing police-station recording was not case-dispositive, the remaining eyewitness evidence supported the required intentional conduct, and the missing-evidence instruction adequately protected fundamental fairness. The matter was remanded for further proceedings concerning the DUI conviction.