Smith v. Commonwealth

576 S.E.2d 465, 265 Va. 250, 2003 Va. LEXIS 36
CourtSupreme Court of Virginia
DecidedFebruary 28, 2003
DocketRecord 021583
StatusPublished
Cited by11 cases

This text of 576 S.E.2d 465 (Smith v. Commonwealth) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Commonwealth, 576 S.E.2d 465, 265 Va. 250, 2003 Va. LEXIS 36 (Va. 2003).

Opinion

JUSTICE LACY

delivered the opinion of the Court.

In this appeal, James Allen Smith, Jr., argues that his convictions for first-degree minder and use of a firearm in the commission of first-degree murder should be reversed because the trial court erred in admitting expert opinion testimony on “blood spatter analysis.” 2 Because we conclude that blood spatter analysis is a matter for expert testimony and that a sufficient evidentiary foundation for that opinion testimony was established in this case, we will affirm the convictions.

On February 7, 2000, Officer Mark Jones went to Smith’s residence in Henrico County in response to a call. In a bedroom, Jones found Tracey L. Chandler lying on her back on the bed with her feet on the floor. There were six bullet entry wounds in her body: behind her right ear, in the right side of her chest, in her mouth, in her right hand, and above her left and right knee caps. 3 Dr. Deborah Kay, the assistant medical examiner, testified that Chandler bled to death, although the wound behind her ear was potentially lethal.

*252 Smith was subsequently indicted for the first-degree murder of Chandler and the use of a firearm in the commission of first-degree murder in violation of Code §§ 18.2-32, -53.1. At trial, Smith testified that he shot Chandler in self-defense when she attacked him with a needle during an argument over Chandler’s drug use. Smith testified that Chandler was standing when he fired the first three shots and that she sat down and rose again before he fired again.

Over Smith’s objections, Norman Tiller testified as an expert in blood stain pattern analysis. Tiller stated that, based on his analysis of the impact spatter blood stains on the victim’s pants, Chandler was not standing when she was shot. The jury convicted Smith of the crimes charged, and the trial court sentenced him to a total of 28 years’ imprisonment. The Court of Appeals refused Smith’s petition for appeal by order. Smith v. Commonwealth, Record No. 2402-01-2, June 20, 2002.

We awarded Smith an appeal limited to the assignments of error regarding the admission of the blood stain pattern analysis. Smith contends that blood spatter analysis is not a reliable science, and that the trial court should not have allowed “a purported expert” to offer opinion testimony on the subject. Smith also contends that, even if such analysis is reliable, the opinion testimony should not have been admitted in this case because the Commonwealth failed to establish a sufficient evidentiary basis or foundation for such opinion testimony. We consider these arguments in order.

I.

As explained by Tiller, blood stain pattern analysis is the analysis of the “shape, size and configuration of blood stains at a crime scene or on a piece of physical evidence.” Depending on the type of stain and the circumstances, a number of different conclusions can be reached, such as the cause of the stain, its point of origin, and the direction in which the blood droplets were going at impact. The analysis involves the application of principles of physics, chemistry, biology, and mathematics. Many jurisdictions have held that blood spatter analysis is reliable because it is “clearly a well-recognized discipline, based upon the laws of physics, which undoubtedly assist[s] the jurors in understanding what occurred.” State v. Rodgers, 812 P.2d 1208, 1212 (Idaho 1991). The Supreme Court of Minnesota stated that “the results of blood splatter analysis are generally accepted in the scientific as well as the judicial community” noting that because the techniques are based on “the well-

*253 settled sciences of chemistry and physics, the reliability of the technique may be appropriate for judicial notice.” State v. Moore, 458 N.W.2d 90, 98 & n.6 (Minn. 1990). See also Danny R. Veilleux, Annotation, Admissibility, in Criminal Prosecution, of Expert Opinion Evidence as to “Blood Splatter” Interpretation, 9 A.L.R. 5th 369, §§ 1(a), 7(a) (1993).

Smith argues that this analysis and its attendant conclusions should not be accepted because no reliable and valid method exists to test it. The lack of validity of blood spatter analysis, according to Smith, rests on the fact that human beings cannot be used to conduct experiments testing theories of the “science.” Shooting bullets into blood soaked sponges or other substances cannot accurately replicate the results of blood spatter from wounds to human beings, Smith asserts.

We held that blood spatter evidence was admissible expert testimony in Compton v. Commonwealth, 219 Va. 716, 727, 250 S.E.2d 749, 756 (1979), and Stewart v. Commonwealth, 245 Va. 222, 240, 427 S.E.2d 394, 406 (1993). In Stewart, we rejected the defendant’s contention that blood spatter evidence was not reliable. Id. To the extent that the ability to test a method of analysis is relevant in assessing whether expert opinion based on that discipline is admissible, we note that many of the specific physical elements of blood spatter analysis are capable of being tested using the laws of physics and chemistry, and by employing principles of gravity, inertia, and viscosity. In accordance with other jurisdictions, we adhere to the view that this form of scientific analysis can form a basis for admissible proof upon an appropriate foundation. Accordingly, we conclude that the trial court did not err in concluding that blood spatter analysis was a reliable science based on our prior decisions affirming the admission of such evidence.

II.

Smith also asserts that, even if blood spatter analysis is a reliable science, Tiller’s testimony in this case should not have been admitted because the Commonwealth failed to provide an adequate foundation.

At trial, Tiller testified about the characteristics of the shapes and patterns of blood stains depending on the source of the blood and other factors. Tiller explained that when a bullet enters the body and blood leaves the body through the entry wound, the type of blood stain is known as “impact spatter.” The blood under these condi *254 tions, following “the path of least resistance,” exits the entry wound in a conical pattern, and eventually falls to the ground. The greater the force of the impact, the smaller the droplets of blood that are expelled from the wound. Tiller testified that when these droplets strike a surface at a perpendicular angle, the resulting blood stain is circular. If the resulting blood stain is elliptical in shape, it may be concluded that the blood droplet struck the surface at an angle.

Tiller assumed that the 18 blood spots found on the leg of Chandlers’ pants were her blood.

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576 S.E.2d 465, 265 Va. 250, 2003 Va. LEXIS 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-commonwealth-va-2003.