A physician has won a new trial after the Mississippi Supreme Court refused to review a lower court's decision that a blood sample taken in a DUI-related fatality can't be used at trial because it was taken without the defendant's consent.

The state Court of Appeals said last December that it was unclear whether Dr. Samuel N. Shaw of Brandon was under arrest when the blood was taken.

On Thursday, the Supreme Court declined the prosecutors' request to hear the case.

Joseph Henderson "Joe" Culotta of Waynesboro was killed in the head-on crash Dec. 14, 2002, in Ridgeland. One of his two passengers was injured. Shaw was accused of causing the crash.

Shaw's attorneys have said the decision leaves the state with little evidence against Shaw.

Test results found Shaw's blood alcohol content was .09, .01 above the legal limit.

The Appeals Court says Shaw refused to submit blood samples, which were drawn anyway.