STATE v. OSBORN (2019)

Missouri Court of Appeals, Western District.

STATE of Missouri, Respondent, v. Nathaniel Wade OSBORN, Appellant.

WD 80959

Decided: October 22, 2019

Before Division Three: Gary D. Witt, Presiding Judge, Cynthia L. Martin, Judge, Anthony Rex Gabbert, Judge

Nathan J Aquino, Jefferson City, MO, Counsel for Respondent. Carol D. Jansen, Columbia, MO, Counsel for Appellant.

ORDER

Nathaniel Osborn appealed a judgment finding him guilty of two counts of assault in the second degree pursuant to Section 565.060,¹ arguing that the circuit court erred in overruling his motion to suppress any evidence and testimony related to a warrantless blood draw and in admitting evidence of the same over his objection at trial. After re-transfer from our Supreme Court with instructions to reconsider our earlier decision in light of the recent holding of Mitchell v. Wisconsin, ––– U.S. ––––, 139 S. Ct. 2525, 204 L.Ed.2d 1040 (2019), we affirm. Rule 30.25(b).

FOOTNOTES

1. All statutory references are to the Revised Statutes of Missouri as supplemented through the date of Osborn’s offense in 2015, unless otherwise noted.

Per Curiam:

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