State v. Newsom

250 So. 3d 894
CourtLouisiana Court of Appeal
DecidedSeptember 6, 2017
Docket17–580
StatusPublished

This text of 250 So. 3d 894 (State v. Newsom) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Newsom, 250 So. 3d 894 (La. Ct. App. 2017).

Opinion

CONERY, Judge.

This is a pre-trial writ filed by the State of Louisiana. Trial is currently scheduled for September 14, 2017.

Defendant was arraigned on August 8, 2016, for operating a vehicle while intoxicated, a violation of La.R.S. 14:98. On November 17, 2016, Defendant filed a "Motion to Suppress Evidence," a "Supplemental Motion to Suppress Evidence with Incorporated Memorandum," and a "Notice of Objection to the Introduction of the State's Crime Lab Certificates into Evidence as Prima Facie Proof of the Assertions Contained Therein." Hearings were held on May 11 and 15, 2017, to address all the issues raised in the above three pleadings. The trial court granted Defendant's motions to suppress the blood/alcohol results and the statements made by defendant to the investigating Louisiana state troopers.

The State of Louisiana now seeks review of the trial court's rulings. The issues raised are whether Defendant's verbal consent for the blood/alcohol test was valid and whether the statements were freely and voluntarily made. For the following reasons, we find that the trial court erred when it granted Defendant's motions to suppress the evidence. Accordingly, this court grants and makes peremptory the State's writ, vacates the trial court's ruling, and remands the matter for further proceedings.

FACTS

On May 6, 2016, Defendant was involved in a single vehicle accident in Jefferson Davis Parish. He was injured and subsequently taken by a medical helicopter to a hospital in Lafayette. At the hospital, Defendant gave statements to Louisiana State Trooper John Sims. Defendant also consented to a blood/alcohol test that showed he was over the legal limit. Defendant *896was arrested and charged with operating a vehicle while intoxicated.

EVIDENCE ADDUCED AT MAY 11, 2017 MOTION HEARING

John Sims and Scott O'Connell, troopers with the Louisiana State Police, testified at the hearing, and several documents were introduced by the State and Defendant, which are attached as exhibits to the State's writ application:

State's Exhibit 1: Arrestee's Rights Form, Rights Relating to Chemical Test for Intoxication.
State's Exhibit 2: Notice to Withdraw Blood for Chemical Test for Intoxication.
State's Exhibit 3 and Defense's Exhibit 3: "Optional Test."
State's Exhibit 4: "Initial Observation" and the traffic citation.
State's Exhibits 5 and 6: Blood/alcohol test kit containing "Consent Form."
Defense's Exhibit 1: "Certificate of Arrest."
Defense's Exhibit 2: "Certificate of Authenticity" and the ambulance service records.

Trooper Sims testified that he was requested by Trooper O'Connell, who remained at the scene of the accident, to go to the hospital and interview Defendant and to begin the necessary paper work. Trooper Sims stated that when he first encountered Defendant, he could smell the odor of alcohol. Defendant's eyes were bloodshot and his speech was slurred. Trooper Sims determined there was probable cause to arrest Defendant for operating a vehicle while intoxicated. The trooper testified that Defendant was conscious and coherent. Trooper Sims stated he gave Defendant the Miranda warnings prior to questioning him. The trooper contended that Defendant gave him verbal consent to do a blood/alcohol test and that Defendant acknowledged the Miranda rights he was giving up and voluntarily admitted he had three glasses of crown and coke prior to driving. The trooper stated he would not have had blood drawn if Defendant had not consented but would have obtained a warrant.

Trooper Sims admitted that when he arrived at the hospital he was not advised as to the extent of Defendant's injuries. He agreed, however, that Defendant had significant injuries. He described the observable injures being to Defendant's head, face, neck, and back. He was not aware of any medications the hospital might have administered to Defendant. Although the trooper testified that he wrote in Defendant's answers to the questions on State's Exhibit 3, "Optional Test," he did not remember if he had made the note on the form that stated Defendant was incoherent. Later, however, the trooper explained that when he wrote "incoherent," he meant that while Defendant could understand the questions, he had difficulty understanding what Defendant was saying. Trooper Sims agreed that on any of the forms that required Defendant's signature, Defendant did not sign the forms. The trooper contended that although Defendant was unable to sign the forms, he gave verbal consent. When asked why Defendant could not sign the forms, the trooper responded only that Defendant was injured.

Senior Trooper O'Connell arrived at the hospital later in the morning. He testified that he spoke with Defendant and asked him to relate what occurred that caused the accident. The trooper stated that Defendant said he was driving his passenger home from a party. Trooper O'Connell said that Defendant was conscious. He noted that he could smell alcohol and that Defendant's speech was slurred, but the trooper was not sure if Defendant's bloodshot eyes *897were caused by alcohol or by the accident. The trooper testified that at the time he spoke with Defendant he was unaware that Defendant's face, jaw, and neck had multiple fractures or of what medication may have been given to Defendant at the hospital.

The State attempted to call the nurse who drew Defendant's blood for the blood/alcohol test. The State advised the trial court it desired to show that a qualified person had drawn Defendant's blood as required by La.R.S. 32:664. However, the trial court ruled that the nurse's testimony regarding her qualifications were irrelevant to a motion to suppress. The State and Defendant agreed.

Finally, Defendant submitted the EMT's report and noted for the trial court's consideration where on the EMT's record the notation was made that Defendant suffered "Altered Level of Consciousness" and that he was not able to sign the consent form for treatment because of "[n]eurological condition limits ability to sign."

On May 11, 2017, at the hearing, the trial court granted Defendant's motions to suppress the blood/alcohol results, as follows:

I mean, the officers were-were very honest and they stated, you know-O'Connell didn't-you know, he was very honest and so was Officer Sims. They were very honest in their statements, and Officer Sims said I don't remember what happened.
But concerns the Court-and the officers were not aware of the-of the level of unconsciousness of the defendant at the time of the accident, okay, and that because of neurological reasons he couldn't sign, that he had injuries to the mouth and face which Officer Sims noted. Neither officer knew what medication the defendant was on at the time of the voluntary consent form. But those are all questions to me, and based on that, I-I've got to say the consent form is not free and voluntary. This should have been a warrant from-the judge would have signed a warrant and got the permission to draw the blood, okay, under this type of an injury, all right.

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Cite This Page — Counsel Stack

Bluebook (online)
250 So. 3d 894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-newsom-lactapp-2017.