State v. Edison

9 S.W.3d 75, 1999 Tenn. LEXIS 349, 1999 WL 455426
CourtTennessee Supreme Court
DecidedJuly 6, 1999
Docket03S01-9803-CC-00022
StatusPublished
Cited by77 cases

This text of 9 S.W.3d 75 (State v. Edison) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Edison, 9 S.W.3d 75, 1999 Tenn. LEXIS 349, 1999 WL 455426 (Tenn. 1999).

Opinion

OPINION

ADOLPHO A. BIRCH, Jr, Justice.

We granted this Tenn.RApp.P. 11 appeal to determine the appropriate standard of review of a trial court’s decision to admit a breath-alcohol test result under State v. Sensing, 843 S.W.2d 412 (Tenn.1992). The Court of Criminal Appeals held that the trial court had not abused its discretion in admitting the test result of the defendant, Jerry Wayne Edison. 1 We affirm the judgment of the intermediate appellate court and conclude that a trial court’s Sensing decision must be presumed correct on appeal unless the preponderance of the evidence is to the contrary.

*76 I

While on patrol during the early morning hours of February 17, 1994, Officer Steve Manning of the Dandridge Police Department observed a car stalled in the highway with an individual attempting to push it out of the road. When Manning stopped to offer assistance, he detected a strong odor of alcohol coming from the defendant, who was in the driver’s seat of the car. Upon questioning, the defendant admitted that he was returning home from a country music bar in Knoxville when the alternator on his car ceased to work. Manning then conducted three field sobriety tests; the defendant failed each one. The defendant was arrested and transported to the sheriffs office.

At the sheriffs office, the defendant was observed for twenty minutes before undergoing breath-alcohol testing on an Intox-imeter 3000. Officer Merlin Foister, who was trained by the Tennessee Bureau of Investigation, administered the test. The defendant’s blood-alcohol content measured 0.12. 2

II

In Sensing, this Court addressed the fundamental question of the “foundation to be laid for the admission of evidentiary breath tester results.” Sensing, 843 S.W.2d at 416. Prior to Sensing, the certified operator of the test instrument was required to know the scientific technology involved in the instrument’s function. Id. But advances in scientific technology have now facilitated the use of computerized instruments which are thoroughly tested and monitored to ensure a greater degree of accuracy.

In recognition of these scientific advances, this Court determined that, in general, the average law enforcement officer administering a breath-alcohol test need not possess the technical background necessary to qualify as an expert. Id. Rather, we held that the testing officer must be able simply to testify to the following six prerequisites to admissibility:

(1) that the tests were performed in accordance with the standards and operating procedure promulgated by the forensic services division of the Tennessee Bureau of Investigation,
(2) that he was properly certified in accordance with those standards,
(3) that the evidentiary breath testing instrument used was certified by the forensic services division, was tested regularly for accuracy and was working properly when the breath test was performed,
(4) that the motorist was observed for the requisite 20 minutes prior to the test, and during this period, he did not have foreign matter in his mouth, did not consume any alcoholic beverage, smoke, or regurgitate,
(5) evidence that he followed the prescribed operational procedure,
(6) identify the printout record offered in evidence as the result of the test given to the person tested.

Id.

Once the State has satisfied the six prerequisites, the test result is admissible. *77 Once admitted, a ratio of 0.10% or more creates a rebuttable presumption of intoxication. Tenn.Code Ann. § 55-10-408(b) (1993)(currently codified at Tenn.Code Ann. § 55-10-408(a) (1998)); 3 Sensing, 843 S.W.2d at 416. The defendant is free “to challenge the accuracy of the particular machine, the qualifications of the operator, and the degree to which established testing procedures were followed.” Id. Such challenges, however, go only to the weight of the evidence, as distinguished from its admissibility.

Although Sensing prescribed the requisite criteria for the admissibility of breath-alcohol test results, it did not establish an appropriate standard of review to be applied to the trial court’s decision on admissibility. Indeed, even during these proceedings, the parties have argued for different standards of review, including abuse of discretion, preponderance of the evidence, and de novo. A majority of the Court of Criminal Appeals determined that the abuse of discretion standard was the appropriate standard to be applied. .

The admissibility of evidence is generally within the broad discretion of the trial court; absent an abuse of that discretion, the trial court’s decision will not be reversed. State v. McLeod, 937 S.W.2d 867, 871 (Tenn.1996). This standard has been applied to decisions regarding the qualifications, admissibility, relevancy, and competency of expert testimony. State v. Ballard, 855 S.W.2d 557, 562 (Tenn.1993); see also State v. Brimmer, 876 S.W.2d 75, 79 (Tenn.1994). To guide the trial court’s discretion with respect to the admission of expert or scientific testimony, we have recognized the following factors which may be considered:

(1) whether scientific evidence has been tested and the methodology with which it has been tested;
(2) whether the evidence has been subjected to peer review or publication;
(3) whether a potential rate of error is known;
(4) whether ... the evidence is generally accepted in the scientific community; and
(5) whether the expert’s research in the field has been conducted independent of litigation.

McDaniel v. CSX Transp., Inc., 955 S.W.2d 257, 265 (Tenn.1997).

With specific regard to breath-alcohol test results, Sensing removed the discretion which would have ordinarily accompanied the admission of scientific evidence. See State v. Bobo, 909 S.W.2d 788, 790 (Tenn.1995) (“Sensing

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Bluebook (online)
9 S.W.3d 75, 1999 Tenn. LEXIS 349, 1999 WL 455426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-edison-tenn-1999.