Chambers v. State

644 So. 2d 1294, 1994 Ala. Crim. App. LEXIS 63, 1994 WL 63536
CourtCourt of Criminal Appeals of Alabama
DecidedMarch 4, 1994
DocketCR 92-1437
StatusPublished
Cited by2 cases

This text of 644 So. 2d 1294 (Chambers v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chambers v. State, 644 So. 2d 1294, 1994 Ala. Crim. App. LEXIS 63, 1994 WL 63536 (Ala. Ct. App. 1994).

Opinion

BOWEN, Presiding Judge.

Ruth Alice Jones Chambers, the appellant, was convicted of reckless manslaughter in the death of John Martin Huffman, a Birmingham police officer. Huffman died as a result of injuries he sustained when he was struck by an automobile driven by the appellant. The appellant was sentenced to life imprisonment as a habitual felony offender. She raises four issues on this appeal of that conviction.

I

The appellant argues that the indictment was confusing and legally insufficient and that her request for a more definite statement should have been granted.

In pertinent part, the indictment charged that the appellant:

“did recklessly engage in conduct which manifested extreme indifference to human life and created a grave risk of death to a person other than the said RUTH ALICE JONES CHAMBERS, ... and did thereby cause the death of John Martin Huffman, by striking him with her automobile while under the influence of controlled substances, to-wit: methadone, meprobamate and diazepam, in violation of Section 13A-6-2 of the Alabama Criminal Code. ...” C.R. 10.

In her “motion for more definite statement under the Alabama Rules of Criminal Procedure,” C.R. 44-47, the appellant complains that the indictment failed to allege that she was “under the influence of controlled substances to a degree which rendered her incapable of driving safely.” R. 44-45. In her motion, the appellant asserts:

“[2.] It is unclear from the plain reading of the indictment whether this Defendant, like many others, is being charged merely because she has physician prescribed, pharmacy filled, controlled substances in her system. Is this fact alone the reason for the Defendant’s being charged with murder?
“3. The Defendant had a tragic accident in which a policeman/pedestrian was struck and killed. What specifically was her conduct which manifested extreme indifference to human life? Was it her driving? Was it the condition of her automobile? Was it her competence to drive a car at all? Was the extreme indifference to human life the fact that she was taking prescription medication? This Motion for a More Definite Statement is absolutely essential to the defense of this charge. Defendant is unable to determine from the indictment whether she is called upon to provide an accident reconstructionist to determine whether she was at fault at all in the accident. The Defendant is unable to tell from the plain wording of the indictment whether she is called on to defend the fact that she had prescription medication in her system. The Defendant is unable to tell from the plain wording of the indictment exactly what her conduct was that manifested extreme indifference to human life and is, therefore, left wondering what her conduct was that manifested extreme indifference to human life, what evidence will be produced against her, and what the essential elements are charged and upon which she is called upon to defend.” C.R. 45-46.

That motion was denied. R. 164-68. In denying the motion, the trial judge stated, “I don’t think that you will be surprised by anything that [the prosecutor] tries to prove this week.” R. 165.

Rule 13.2(e), A.R.Crim.P., provides that a motion for more definite statement “shall be granted for good cause shown.”

“Section (e) provides a necessary safeguard for the defendant, in that for good cause shown the defendant can compel the state to submit additional details of the offense not required to be set out in the [1296]*1296body of the indictment. Because of the ‘good cause’ requirement, it is contemplated that motions for more definite statement will not be routinely made or granted.”

Committee Comments to Rule 13.2. Whether a defendant has shown “good cause” that would necessitate the granting of the motion for more definite statement is a decision that rests within the discretion of the trial judge. Cf. Ex parte Tidmore, 418 So.2d 866, 868 (Ala.1982) (“Rule 15, [A.R.Civ.P., under which parties in a civil action “may amend” their pleadings] is not carte blanche authority to amend a complaint at any time. Discretion rests in the trial judge to deny amendments for good cause.”); Ex parte Old Mountain Properties, Ltd., 415 So.2d 1048, 1050 (Ala.), cert. denied, 459 U.S. 909, 103 S.Ct. 215, 74 L.Ed.2d 171 (1982) (“Protective orders, of the type asked for by the petitioner, are only issued ‘for good cause’ shown by the person seeking the protection.... The trial judge did not abuse his discretion by finding that ‘good cause’ did not exist in this ease. Petitioner had the burden, under Rule 26(c), A.R.C[iv].P., of showing adequate justification for its protective order.”); Williams v. Williams, 540 So.2d 68, 69 (Ala.Civ.App.1989) (“Rule 35(a)[, A.R.Civ.P.,] provides that a trial judge ‘may order’ a party to submit to a mental examination if the movant shows ‘good cause’ why it should be ordered. The necessity of a mental examination is left up to the broad discretionary powers of the trial judge....”); Taylor v. State, 507 So.2d 1034 (Ala.Cr.App.1987) (“Section 12-15-68, Code of Alabama 1975, provides that ‘[cjontinu-ances shall be granted by the court only upon a showing of good cause.’... [W]e find that the juvenile court judge did not abuse his discretion in denying the motion for a continuance [in] this [case].”); Johnson v. State, 335 So.2d 663, 672 (Ala.Cr.App.), cert. denied, 335 So.2d 678 (Ala.1976), cert. denied, 429 U.S. 1026, 97 S.Ct. 649, 50 L.Ed.2d 629 (1976) (“Even in jurisdictions where the granting of a bill of particulars is permissible, such rests within the discretion of the trial judge.”).

We find that the trial judge in this case did not abuse his discretion in determining that the appellant had not shown “good cause” for requiring the prosecution to respond with a more definite statement of the facts.

II

The appellant argues that the indictment is legally insufficient and void for vagueness because it did not charge her with driving under the influence of a controlled substance to such a degree that she was rendered incapable of safely driving.

This argument is an attempt to incorporate language from the statute defining the offense of driving under the influence, § 32-5A-191(a)(3),1 into the statute defining the offense of murder, § 13A-6-2(a)(2).2 However, the appellant was not charged with driving under the influence of a controlled substance in violation of § 32-5A-191(a)(3) or with vehicular homicide as defined in Ala. Code 1975, § 32-5A-192(a).3 The appellant was charged with reckless murder as defined in § 13A-6-2(a)(2).

Although the fact that a defendant was driving a motor vehicle while under the influence of a controlled substance to such a degree that he was rendered incapable of safely driving may be presented as evidence that the defendant’s conduct was reckless, [1297]*1297driving a motor vehicle under the influence of a controlled substance to a degree which renders one incapable of safely driving is not a statutory element of reckless murder as that crime is defined in § 13A-6-2(a)(2).

The indictment was clearly sufficient to charge the appellant with reckless murder.

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644 So. 2d 1294, 1994 Ala. Crim. App. LEXIS 63, 1994 WL 63536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chambers-v-state-alacrimapp-1994.