Doss v. State

484 So. 2d 1156, 1985 Ala. Crim. App. LEXIS 6052
CourtCourt of Criminal Appeals of Alabama
DecidedNovember 12, 1985
Docket6 Div. 648
StatusPublished
Cited by1 cases

This text of 484 So. 2d 1156 (Doss 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
Doss v. State, 484 So. 2d 1156, 1985 Ala. Crim. App. LEXIS 6052 (Ala. Ct. App. 1985).

Opinion

TYSON, Judge.

Herman Doss was indicted for the murder of Shelia Hogue, in violation of § 13A-6-2, Code of Alabama 1975. The jury found the appellant “guilty as charged in the indictment.” He was sentenced to life imprisonment without parole as a habitual felony offender.

Mary Price testified she was employed as the personnel and payroll clerk at Bristol Steel on March 25, 1983. On that day, the appellant, who also worked at Bristol Steel, clocked out at 11:09 a.m. after working approximately four hours.

At approximately 7:30 p.m. on March 25, 1983, Rickey Tisher was driving his car on Morgan Road going toward Bessemer. Mike Turley was a passenger in his car. In [1157]*1157between the two bridges near the fire department on Morgan Road, Turley saw a blue truck coming across one of the bridges. The truck was in the wrong lane and Turley told Tisher to “look out.” Tisher pulled off the road and the truck went by going about seventy miles per hour. The two looked behind them and saw the truck go back into the correct lane and drive off the side of the road and then come back on the road. Tisher then saw a flash after the truck went out of sight.

When Tisher and Turley got to Highway 150, they met an ambulance and a police car going down Morgan Road.

Dr. Randall Poole testified he was the attending physician at the UAB Emergency Department on the night of March 25, 1983. At approximately 8:40 p.m., he received a patient named Shelia Hogue. At 9:10 p.m., Shelia Hogue was pronounced dead. She died as a result of massive trauma which was consistent with injuries received in an automobile collision. Hogue was approximately seven and one-half months pregnant at the time of her death.

Jeffrey Hogue testified that he, his wife, Shelia, and Cecil Watkins were in his Chevrolet truck going towards Bessemer on Morgan Road on the evening of March 25, 1983. Hogue does not remember anything else until he woke up in the hospital five days later. He then found out his wife and child were dead. Hogue had his spleen removed and sustained a crushed leg, arm and pelvis, and various internal injuries. He spent seven weeks in the hospital. His truck was a total loss as a result of the accident.

Cecil Watkins testified that he was with the Hogues on the night of the accident. While they were driving on Morgan Road, Jeff Hogue said, “Look out.” Watkins saw two headlights in the lane in which they were traveling.

After the accident, Watkins got out of the truck. Both of the Hogues were still in the truck and were unconscious. Watkins sustained a bump on the head.

Joe Hogue, Jeff Hogue’s father, stated he received a call about the accident shortly after it happened. He went to the scene and saw two similar looking pickup trucks had been involved in the accident. Joe Hogue went to one of the trucks and looked in the window. The appellant was in this truck. Joe Hogue smelled alcohol in the appellant’s truck. Joe Hogue then went to the other truck and found his son and daughter-in-law. He then rode in the ambulance with them to the hospital.

Chuck Lawley testified that he was a paramedic with the Bessemer Fire Department on March 25, 1983. That night, he responded to an accident on Morgan Road. When he arrived, Lawley realized that the accident was a head-on collision between two similar looking trucks and that there were multiple injuries. Lawley immediately called for assistance and then he started working on the appellant since his injuries seemed to be the worst.

Lawley had to crawl in the passenger window to assist the appellant. The appellant had multiple head injuries and a severely injured leg. A cervical collar was placed on the appellant.

Lawley testified that the appellant had alcohol on his breath. He was combative during the time Lawley was treating him. Lawley stated the appellant’s behavior was consistent with that of a drunk person. Lawley did not smell alcohol in the Hogue vehicle.

William Crumpton, Lawley’s partner that night, also testified that the appellant’s truck smelled like alcohol. He stated that he did not smell alcohol in the Hogue truck. The appellant was uncooperative with Law-ley. Crumpton said he believed the appellant was drunk that night.

Crumpton assisted in extricating the Ho-gues from their truck. He also accompanied them to the hospital.

DeWayne Stanley, a paramedic with Hands Ambulance, went to the accident that night. He smelled alcohol on the appellant’s breath. The appellant, Doss, was belligerent. Stanley testified the appel[1158]*1158lant’s behavior was consistent with that of an intoxicated person.

Dr. Robert Smith stated that he was a surgery resident at Bessemer Carraway Hospital on the night in question. He accompanied the appellant, Doss, from Carra-way Medical Center in a helicopter. Smith had a notation on his records that the appellant had alcohol on his breath.

James Holdridge, a Bessemer police officer, testified that he investigated the accident. He determined that, at the time of the accident, the appellant’s truck was in the wrong lane. The speed limit on that part of Morgan Road was thirty miles per hour. Holdridge asked for a blood alcohol test on the appellant but he never received one.

Pat McAbee, the appellant’s supervisor at Bristol Steel, testified that the appellant left work early on March 25, 1983, with his permission.

Inez Guy, the appellant’s aunt, stated the appellant picked her up from work at 3:40 p.m. on March 25, 1983. Guy and the appellant then went to her house. The appellant stayed about three hours. During that time, the appellant’s wife, Dean, came to Guy’s house. Guy testified that the appellant did not consume any alcohol at her house that day. She had never seen the appellant drink.

Jesse Todd testified that he and the appellant worked together at Bristol Steel. On March 25, 1983, the appellant came to Todd’s house on Morgan Road around 5:00 p.m., in his truck. The appellant’s wife also came to Todd’s house in another vehicle. Todd gave the appellant a beer. The appellant and his wife stayed for about two hours. When the appellant left, the beer he was drinking was almost full.

Todd said the appellant did not appear to be drunk that night.

Burdene Doss, the appellant’s wife, stated that she met her husband at Guy’s house around 4:30 p.m. on the day in question. She and her husband, Doss, went to the Todds’ house around 6:00 p.m. The appellant was driving his truck and she was driving her son’s car. The appellant drank a beer at the Todds’ house. They left the Todds’ house about an hour after they arrived. The appellant, Doss, did not appear to be intoxicated when he left the Todds’ house.

The appellant, Doss, testified he left his job at Bristol Steel early on March 25, 1983, because of a lack of work. After running a few errands, the appellant went to his home and stayed there until 3:00 p.m. when he left to pick up his aunt at work. On his way, he saw Todd in front of his house on Morgan Road. Todd asked the appellant and his wife to stop by his house later that afternoon.

After picking up his aunt, the appellant went to her house and remained there until approximately 6:00 p.m. He and his wife then went to the Todds’ house. While there, the appellant drank a part of one beer. The appellant, Doss, stated he did not have any other alcoholic beverages that day.

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Related

Lofton v. State
515 So. 2d 137 (Court of Criminal Appeals of Alabama, 1987)

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Bluebook (online)
484 So. 2d 1156, 1985 Ala. Crim. App. LEXIS 6052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doss-v-state-alacrimapp-1985.