Acklin v. State

In Acklin v. State, 722 So. 2d 1264, (Miss. Ct. App. 1998), the defendant argued that a blood test performed more than two hours after an automobile accident involving death should have been excluded since the test had not been administered according to the procedures set out in the Implied Consent Statute. Id. The Court rejected the defendant's argument, stating that the blood test was admissible because it demonstrated whether the defendant had alcohol in his bloodstream at the time of the accident. Id. In reaching this conclusion, this Court emphasized that "the Mississippi Supreme Court has made it quite clear that matters regarding the admissibility of evidence in a judicial proceeding are to be decided by judicial rather than legislative pronouncement." Id.