Oakley Engesser v. Bob Dooley

457 F.3d 731, 2006 U.S. App. LEXIS 19420, 2006 WL 2135924
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 2, 2006
Docket05-2905
StatusPublished
Cited by27 cases

This text of 457 F.3d 731 (Oakley Engesser v. Bob Dooley) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Oakley Engesser v. Bob Dooley, 457 F.3d 731, 2006 U.S. App. LEXIS 19420, 2006 WL 2135924 (8th Cir. 2006).

Opinions

RILEY, Circuit Judge.

This is a habeas corpus case. See Anti-terrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. § 2254. After a jury convicted Oakley Bernard Engesser (En-gesser) on August 30, 2001, of one count of vehicular homicide and two counts of vehicular battery, a South Dakota state court sentenced Engesser to fifteen years’ imprisonment on the homicide charge, and ten years’ imprisonment on the battery charges, with one ten-year sentence running consecutively, and the other running concurrently. The South Dakota Supreme Court affirmed the convictions and sentence, and affirmed the denial of Enges-ser’s motion for post-conviction relief. State v. Engesser, 661 N.W.2d 739 (S.D. 2003); see Engesser v. Weber, Civ. 03-408 (S.D.Cir.Ct. Apr. 20, 2004), aff'd, (S.D. July 9, 2004). Engesser timely filed an application for a writ of habeas corpus under 28 U.S.C. § 2254. The district court1 denied habeas relief, concluding (1) the prosecutor did not violate Engesser’s due process rights by (a) eliciting opinion testimony from State Trooper Edward Fox (Trooper Fox) that Engesser lied during a videotaped denial, and (b) commenting on Trooper Fox’s testimony during closing argument; (2) Engesser failed to show he received ineffective assistance of counsel; and (3) the warrantless seizure of Enges-ser’s blood to conduct a blood alcohol content (BAC) test did not violate Engesser’s Fourth Amendment rights. We affirm.

I. BACKGROUND

On the early evening of July 30, 2000, the Corvette in which Engesser and Dorothy Finley (Finley) were traveling collided with a van on Interstate 90 between Stur-gis and Rapid City, South Dakota. The Corvette, traveling over 100 miles per hour when it struck the van, rolled several times and came to rest on its roof in the highway’s median. The collision crushed the Corvette’s passenger side.

With the Corvette lying on its roof, Finley was lodged underneath and in line with the passenger seat, and her feet were underneath the passenger side dash. Emergency responders used the Jaws of Life to extract Finley from the Corvette’s driver’s side because they could not open the passenger side door. Finley was pronounced dead at the scene. Engesser was thrown from the car. A responder to the scene found Engesser smelling of alcohol about six to ten feet from the Corvette’s open driver’s side door. An ambulance transported Engesser to the hospital.

Trooper Fox led the accident’s investigation. After examining the scene and re[734]*734ceiving an erroneous report from a paramedic that Finely was found in the driver’s seat, Trooper Fox went to the hospital to interview Engesser. Engesser was largely incoherent, but he denied he had been driving the Corvette. Trooper Fox noticed a strong odor of alcohol emanating from Engesser. Without a warrant or En-gesser’s permission, Trooper Fox ordered blood extracted from Engesser for a BAC test just “as a precaution.”2 Trooper Fox ordered the BAC test because a death was involved, Engesser exhibited an odor of alcohol, the exigent circumstances required action to obtain a usable blood sample, and the driver’s identification was not conclusive. However, later that evening, Trooper Fox completed two reports indicating Finley was the Corvette’s driver. Trooper Fox testified he believed further investigation into the vehicle’s driver was necessary, and he listed Finley as the driver because she was the Corvette’s owner and usual driver.3

About six weeks after the accident, Trooper Fox conducted a videotaped interview of Engesser, during which Engesser again denied driving the Corvette. The next day, Trooper Fox completed his report, concluding Engesser was the driver. Seven months later, in February 2001, En-gesser was charged with vehicular homicide, second-degree manslaughter, and two counts of vehicular battery.

Before trial, Engesser moved to suppress the BAC test result, but the trial court denied the motion. The central issue at trial was whether Engesser or Finley was driving the Corvette. At trial, the prosecution played Trooper Fox’s videotaped interview of Engesser in its entirety. After the tape was played, the trial court allowed Trooper Fox to testify as to his opinion on Engesser’s truthfulness during the interview. The following exchange took place:

Q: (by prosecutor) When you spoke to the defendant at that September 13th interview you said, “I don’t necessarily think you’re lying.” Did you think he was lying to you?
DEFENSE COUNSEL: Objection as to relevancy, Your Honor. THE COURT: Overruled.
A: Yes.
Q: What did you base that on?
A: My experience in interviewing people.
Q: Okay. And what about his conversation with you did you-what about that conversation made you believe he was lying?
DEFENSE COUNSEL: Objection ... that’s argumentative, it calls for speculation, and it’s more prejudicial than probative, it’s the ultimate issue. (Whereupon, there was an off the record discussion)
Q: I believe my question was, what about the interview made you believe he wasn’t telling you the truth?
A: There were numerous things during the interview.
DEFENSE COUNSEL: Could I have a standing objection as to those matters, Your Honor?
THE COURT: Yes.
[735]*735Q: Such as?
A: One thing right off the bat you noted on the interview that before I had even asked him a question he went into a rather lengthy explanation that seemed rehearsed to me ... and that initially right off the bat struck me because it’s not often that when you meet with somebody they volunteer a lot of stuff. In fact normally it’s just the opposite, when I meet with someone in my job capacity most people-
Q: What else was it about your interview with him that led you to believe that he wasn’t telling you the truth?
A: Well, one fact that I knew to be a lie, he told me that he had had two drinks all day, and I knew that was a lie.
Q: How did you know that?
A: Because I knew his blood results.
Q: With respect then to anything else that you believed that he was-or, anything else regarding your conversation with him that led you to believe that he wasn’t telling you the truth?
A: Several times during the interview if you pay close attention you’ll note that when I ask him a question he will start to answer it and then stop and edit what he was going to say.

During closing argument, the prosecutor also briefly alluded to Trooper Fox’s opinion testimony: “Ladies and gentlemen, you heard that based on Trooper Fox’s training and experience he didn’t believe that the defendant was telling the truth.” The context of the prosecutor’s comment was whether Engesser’s videotaped statement that Finley liked to drive fast was believable.

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Bluebook (online)
457 F.3d 731, 2006 U.S. App. LEXIS 19420, 2006 WL 2135924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oakley-engesser-v-bob-dooley-ca8-2006.