Vaidik, CJ.
William C. Williams was charged with two counts of Class B felony operating a vehicle with a schedule I or II controlled substance in his blood causing death. One count was based on having marijuana in his blood, and the other count was based on having methamphetamine in his blood. The jury convicted Williams of both counts. Williams now appeals his methamphetamine-related conviction only. …
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Around 8:00 p.m. on August 6, 2013, Williams was driving his motorcycle with his girlfriend, Nancy Parsons, as his passenger. … Nancy was ejected from the motorcycle and later died from her injuries. Williams was transported to the hospital, where he consented to a blood draw. The Indiana State Department of Toxicology tested Williams’ blood, and it tested positive for THC. The Department of Toxicology sent a sample of Williams’ blood to NMS Labs in Pennsylvania for additional testing. NMS Labs issued a toxicology report showing that Williams’ blood sample tested positive for methamphetamine.
… At trial, Williams testified that he did not know how methamphetamine could have been in his blood and objected to the admission of State’s Exhibit 65, which is a 192-page “Litigation Support Package” from NMS Labs containing, among other documents, the toxicology report that shows his blood sample tested positive for methamphetamine and the chain of custody for his blood sample. Although all 192 pages were admitted into evidence, only two pages—the actual toxicology report—were submitted to the jury. …
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Williams contends that the State failed to establish a chain of custody for his blood sample “so as to allow the admission of the results of tests showing it contained methamphetamine.” …
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Indiana Evidence Rule 902(11) allows the self-authentication of business records that meet the requirements of Indiana Evidence Rule 803(6), the business-records exception to the hearsay rule, as shown by a certification under oath from a business records custodian or another qualified person.
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The Certification of Authenticity is deficient because it contains only a notary signature as “witness.” … Moreover, the certification does not show that the records meet the requirements of Evidence Rule 803(6)(A)-(C), that is, that they were made at or near the time by—or from information transmitted by—someone with knowledge and that they were made and kept by the lab in the ordinary course of business. Accordingly, the Certification of Authenticity is insufficient to authenticate Exhibit 65 pursuant to Evidence Rule 902(11). Alternatively, the State argues that it properly authenticated Exhibit 65 by the testimony of NMS Labs analyst Jennifer Turri. …
Here, Turri—an analyst at NMS Labs, not a records custodian—testified that she was the analyst who tested Williams’ blood, that she came up with a finding, and that it is common to log findings in a report. She then identified Williams’ toxicology report, which comprises only two pages of the 192-page Exhibit 65. …
Turri’s testimony, however, only partially explains how the two-page toxicology report was created (that is, by computer) and does not show that the record was made at or near the time by—or from information transmitted by— someone with knowledge and that it was kept by the lab in the ordinary course of business. … Without Exhibit 65, the State cannot establish the chain of custody for Williams’ blood sample.
Anticipating our conclusion that the State failed to establish the chain of custody for Williams’ blood sample, the State “requests that [we] affirm Williams’ conviction on count I, causing death when operating a motor vehicle with” marijuana in his blood. … Accordingly, we reverse Williams’ conviction on Count II, which is based on the methamphetamine evidence, and affirm Williams’ conviction on Count I, which is based on the unchallenged marijuana evidence.
Baker, J., and Najam, J., concur.