The Florida Supreme Court has agreed to consider two questions from the 4th District Court of Appeal regarding state blood draw standards in the case against now-imprisoned former Wellington polo club founder John Goodman.
Records show the court accepted the case Friday, nearly two months after the Appellate Court rejected Goodman’s appeal but asked the higher court to consider whether Florida Department of Law Enforcement rules are adequate to ensure proper blood draws in cases like Goodman’s and whether the current rules should include regulations on how analysts screen blood samples, document irregularities and reject unfit samples.
Records show the high court justices agreed to weigh the matter by a vote of 4-2. Goodman’s attorneys have until Nov. 3 to file an initial brief, and attorneys with the Florida Department of Law Enforcement will have 20 days to respond.
The questions stem from appeals by Goodman’s attorneys in his DUI manslaughter case in the February 2010 death of Scott Patrick Wilson. Goodman, twice convicted of the crime and now serving 16-year prison sentence, has argued that a judge should have thrown out the results of a blood test because his blood was improperly drawn with a too-small needled that could have skewed the test results.
Tests showed Goodman’s blood alcohol content was at a 0.177 percent hours after the crash, more than twice the level at which Florida drivers are presumed legally impaired.
The 4th District Court rejected Goodman’s appeals on those grounds this summer, but sent the higher court the questions after rejecting Goodman’s later request to reconsider the matter.
A separate appellate court fight is also underway in Goodman’s case. Among his arguments are that prosecutors robbed him of a fair retrial when they released his Bentley from a police impound lot after the first trial.
Goodman also claims Chief Circuit Judge Jeffrey Colbath improperly limited the cross-examinations of some witnesses in the second trial, gave faulty jury instructions and was wrong to allow prosecutors to present testimony to the jury that labeled Goodman as a “heavy drinker.”
A jury first convicted Goodman of DUI manslaughter with failure to render aid in the spring of 2012, but that conviction and his first 16-year sentence was overturned a year later because of juror misconduct. A second jury, selected from Tampa, convicted Goodman again in October 2014, and Colbath re-imposed the 16-year sentence.
FROM THE START
Read The Post’s complete coverage of the John Goodman case, mypalmbeachpost.com/goodman