Ruling says lack of specific refusal allows use of evidence


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PHOENIX (AP) — An Arizona court has ruled that an injured suspect's thrashing and yelling at responders to leave him alone wasn't enough to block use of blood-test results that helped convict the man.

Patrick McLeod Nissley was convicted of manslaughter, endangerment and a drug crime after a 2010 crash in which a pedestrian was killed and four other people were injured.

Arizona law generally doesn't allow police to obtain blood for law enforcement purposes without a warrant or the person's consent if the person has refused medical treatment.

Nissley kicked and yelled at the scene and told a paramedic to leave him alone.

But the Court of Appeals ruled Tuesday the blood-test results could be used in court because Nissley didn't specifically refuse medical treatment at the scene or at a hospital.

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