Taylor v. State

94 So. 3d 298, 2011 WL 1549239, 2011 Miss. App. LEXIS 238
CourtCourt of Appeals of Mississippi
DecidedApril 26, 2011
DocketNo. 2009-KA-01846-COA
StatusPublished
Cited by8 cases

This text of 94 So. 3d 298 (Taylor v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taylor v. State, 94 So. 3d 298, 2011 WL 1549239, 2011 Miss. App. LEXIS 238 (Mich. Ct. App. 2011).

Opinion

ROBERTS, J.,

for the Court:

¶ 1. A jury sitting before the Harrison County Circuit Court found Shirley Cumberland Taylor guilty of felony driving under the influence causing death or disfigurement in violation of Mississippi Code Annotated section 63-11-30(5) (Supp.2010). The circuit court sentenced Taylor to eighteen years in the custody of the Mississippi Department of Corrections. Aggrieved, Taylor appeals. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. At approximately 7:30 p.m. on January 8, 2008, William and Gail Kelly, who had been married for twenty-six years, were walking for exercise along Mark West Road in Harrison County, Mississippi. To make themselves more visible to drivers, Gail carried a flashlight, and William wore a vest with reflective material sewn into it.

¶ 3. As William and Gail walked south on Mark West Road, they saw headlights approaching in the opposite direction. According to Gail, she and William moved onto a private road that intersects Mark West Road. In so doing, William and Gail put a lane of traffic between themselves and the oncoming vehicle. Unfortunately, Taylor drove her 2007 GMC Sierra pickup truck across the oncoming lane of traffic and continued off of Mark West Road, where she hit William with the front of her pickup truck. At trial, Gail described that moment as follows: “[Taylor] sped up, crossed over Mark West Road, [and] came into the private drive. I grabbed my husband’s arm. I said[,][’]I think they’re coming at us,[’] and she took him down the road with her vehicle.”

¶ 4. Taylor carried William approximately 125 feet before William was thrown off of her hood. William did not survive. Gary Hargrove, the Harrison County Coroner, later testified that the cause of William’s death was “massive blunt force trauma to the head, neck, trunk[,] and the extremities.” Taylor stopped her car approximately 275 feet away from the place where William came to rest.

¶ 5. Gail first ran to the area where William came to rest. William was unresponsive. Gail then ran down the road to Taylor’s pickup truck. Gail asked Taylor whether she had a cell phone and, if she did, whether she would let Gail use it to call 911. According to Gail, Taylor said, “I do, it’s in my purse, and I don’t know where it’s at. And, if I knew where it was at, I wouldn’t let you use it.” Gail immediately ran home and called 911. She then drove back to the scene of the collision.

¶ 6. Deputy Ashley Megan Burge of the Harrison County Sheriffs Department was one of the first responders at the scene. Deputy Burge later testified that Taylor had alcohol on her breath; her eyes were red and “glassy”; she swayed when she was standing still; and her speech was slurred. Deputy Burge advised Taylor of her Miranda1 rights. Taylor waived her right to remain silent and told Deputy Burge that she had consumed twelve beers that evening. Taylor also told Deputy Burge that she had been “driving down the road, [when] somebody flashed a light in her eyes and oops, there they were.” Deputy Burge administered a field sobriety test. Taylor performed poorly.

¶7. Deputy Burge placed Taylor into custody and obtained a search warrant to collect a blood sample from Taylor. According to Deputy Burge, while Taylor’s blood was being drawn, Taylor said, “she [304]*304hoped that she had killed that man.” Wendy Hathcock, a forensic scientist employed by the Mississippi Crime Laboratory, later testified that her analysis of Taylor’s blood sample revealed that Taylor’s blood-alcohol content was .22 percent on the night that Taylor killed William.

¶ 8. Authorities subsequently obtained a warrant to search Taylor’s pickup truck. Deputy Glenn Roe of the Harrison County Sheriffs Department recovered the “system diagnostic module,” colloquially known as a “black box,” from underneath the carpet on the driver’s side floorboard of Taylor’s pickup truck. According to the information stored on the black box, Taylor was driving fifty-seven miles per hour approximately one second before she hit William. The posted speed limit on Mark West Road was thirty miles per hour. The black box also indicated that Taylor did not hit her brakes before she killed William.

¶ 9. Taylor was indicted for “felony driving under [the] influence causing death or disfigurement.” Taylor waived arraignment and pled not guilty. On July 8, 2010, Taylor went to trial. The events that transpired during the trial will be examined in greater detail as necessary in the analysis portion of this opinion. To summarize, the prosecution called numerous witnesses, including Gail, Deputy Burge, Deputy Roe, and Hathcock. After the prosecution rested, Taylor chose to testify. According to Taylor, contrary to her statement to Deputy Burge that she had consumed twelve beers on the evening that she killed William, she actually had six beers. Taylor presented a receipt from the Two Miles North Lounge to corroborate her testimony. Taylor had the following explanation for hitting William: “Just as I got up to the houses on the right side, the light shined in my face and I couldn’t see. I felt an impact and I stopped a little ways down thinking I had hit a deer.” Taylor also testified that she was going around a pothole before she hit William.

¶ 10. Additionally, Taylor called numerous witnesses who testified that Mark West Road was in disrepair and that it lacked painted lane-divider lines. Taylor also called witnesses who testified that they had seen William and Gail walking down the center of Mark West Road, although none of those witnesses testified that William and Gail were walking down the center of the road on the night that Taylor killed William. During the prosecution’s rebuttal, Investigator Bill Haden of the Harrison County Sheriffs Department testified that the pothole nearest to the place where Taylor hit William was 528 feet away.

¶ 11. After deliberating for approximately one hour, the jury found Taylor guilty. The circuit court sentenced Taylor to eighteen years in the custody of the MDOC. Aggrieved, Taylor appeals.

ANALYSIS

I. SUFFICIENCY OF THE INDICTMENT

¶ 12. Taylor claims the circuit court erred when it denied her pretrial motion styled as a “motion to dismiss, quash or demur to the indictment.” Within that motion, Taylor claimed that the indictment did not sufficiently charge her with the essential elements of the charge. The circuit court heard Taylor’s motion on July 2, 2009.

¶ 13. During the hearing, Taylor argued that the indictment was defective because it did not contain any allegation as to the manner in which she was negligent. According to Taylor, the indictment alleged that she was negligent only in that she was intoxicated at the time she hit and killed William. Taylor further argued that [305]*305an indictment for DUI causing death or disfigurement must include an allegation as to the manner in which the accused was negligent, and negligence may not be based simply on the fact that the accused was intoxicated.

¶ 14. The circuit court denied Taylor’s motion. Specifically, the circuit court stated as follows:

The purpose of the indictment is to adequately inform the defendant of the charge against him or her in this case and to give notice of the specific charge that the [S]tate is going to proceed on.

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Bluebook (online)
94 So. 3d 298, 2011 WL 1549239, 2011 Miss. App. LEXIS 238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-state-missctapp-2011.