Hoyle v. State

• Decision Date: 15 November 2007
• Docket Number: No. CR 06-1249.,CR 06-1249.
• Citation: 371 Ark. 495,268 S.W.3d 313
• Parties: Eric Keith HOYLE, Appellant, v. STATE of Arkansas, Appellee.
• Court: Arkansas Supreme Court

268 S.W.3d 313

371 Ark. 495

Eric Keith HOYLE, Appellant, v. STATE of Arkansas, Appellee.

No. CR 06-1249.

Supreme Court of Arkansas.

November 15, 2007.

Rehearing Denied January 10, 2008.

The Law Offices of J. Brent Standridge, P.A., by: J. Brent Standridge, Benton, AR, for appellant.

Dustin McDaniel, Att'y Gen., by: Laura Shue, Ass't Att'y Gen., Little Rock, AR, for appellee.

DONALD L. CORBIN, Justice.

Appellant Eric Keith Hoyle appeals the order of the Polk County Circuit Court convicting him of one count of battery in the first degree and two counts of manslaughter. On appeal, he argues that the trial court erred in: (1) denying his motion for a directed verdict on all counts; (2) denying his motion to suppress evidence of chemical test results; (3) allowing certain expert testimony. This case was certified to us from the Arkansas Court of Appeals as involving an issue of first impression, a question pertaining to the interpretation of the federal constitution, and a substantial question of law concerning the interpretation of an act of the Arkansas General Assembly; hence, our jurisdiction is pursuant to Ark. Sup.Ct. R. 1-2(b)(1), (3), and (6). We find no error and affirm.

Facts

On July 29, 2004, while driving a tractor trailer with a loaded chip hauler attached, Hoyle crossed the center line and struck an on-coming motor home driven by Hilda Dean. Hilda and her grandson Gary Dean, a passenger, were killed in the collision, while a third passenger, Dillon Holbrook, also Dean's grandson, was seriously injured. During the course of investigating the accident, officers believed that Hoyle might have been driving under the influence of drugs or alcohol at the time of the accident. Hoyle, who was transported by ambulance to a local hospital, was presented with a consent form to allow authorities to obtain a blood and urine sample from him. The samples later revealed the presence of amphetamine and methamphetamine in his system.

Hoyle was charged by felony information with one count of battery in the first degree and two counts of manslaughter. Prior to trial, he filed a motion in limine seeking to exclude any mention that he had controlled substances in his system at the time of the accident. A pretrial hearing was held on November 29, 2005, to consider Hoyle's motion to suppress evidence of his blood and urine test on the basis that such evidence was the fruit of an unlawful search and seizure and also violated his rights under the Health Insurance Portability and Accountability Act (HIPAA), codified at 42 U.S.C. §§ 1320d et seq. Additionally, Hoyle filed a motion to declare Ark.Code Ann. § 5-65-202 (1987) unconstitutional.¹ Hoyle raised several arguments in support of his suppression motion, including that the taking of his blood and urine was an unlawful search and seizure because it was not consensual. The State argued that it was consensual, as evidenced by Hoyle's signing of the "Blood Alcohol/Controlled Substances Rights Form." Alternatively, the State argued that an officer who suspects alcohol or drug use in an accident where there is a fatality is required to seek consent for a blood or urine test, pursuant to state statute.

In response to Hoyle's motion, Deputy Price testified that he had previously arrested Hoyle for possession of a Schedule II controlled substance, methamphetamine. On the day of the accident, he had reason to believe that Hoyle was under the influence of a controlled substance based on this previous arrest, as well as information developed at the scene, particularly a lack of any other contributing factor that would have caused Hoyle to leave the roadway and hit another vehicle.

Additionally, Corporal Wendell Adams, with the Arkansas State Police, testified that he investigated the accident scene on July 29, and as his investigation progressed, he became concerned that Hoyle might have been under the influence of drugs or alcohol. Hoyle's demeanor and overall appearance concerned Adams. Also, Adams interviewed the driver of a truck who had been behind Hoyle and who stated that he never saw Hoyle apply his brakes prior to the collision and that he had almost run a tanker off the road prior to this accident. Thus, according to Adams, he believed he had enough probable cause to request a chemical test. The trial court denied Hoyle's motion, ruling that the State had proven that Hoyle consented to the blood draw and, alternatively, that there was probable cause to request the test.

Finally, Hoyle argued that the samples were obtained in violation of his rights under HIPAA. Specifically, he argued that the presence of law enforcement officers at the hospital while he was being treated violated HIPAA, which supersedes any state statute, and that he did not consent to any disclosure of his medical information. The State countered that HIPAA does not apply in cases where consent has been given, such as the present case. Additionally, the State argued that there was no evidence that any officer overheard or was provided with medical information relating to Hoyle. The trial court agreed with the State, ruling that there was no evidence of a HIPAA violation, where Hoyle consented to the taking of the samples and no officers were given any of Hoyle's medical information.

On February 9, 2006, a pretrial hearing was held to conduct a Daubert analysis of expert testimony regarding the effects of methamphetamine on an individual's physical and mental faculties that the State sought to introduce at trial. The State produced the testimony of Dr. Alex Pappas, a board certified pathologist, regarding the effects of Hoyle having methamphetamine in his system at the time of this accident. Dr. Pappas testified that he has had experience dealing with individuals who have methamphetamine in their system and that they are usually agitated, show irrational behavior, may be psychotic, fatigued, have a rapid pulse, and show signs of paranoia. In regards to a person on methamphetamine operating a motor vehicle, Dr. Pappas testified that the person might drift in and out of a lane, exhibit risky behavior, or drive off the road. The court inquired of Dr. Pappas if he believed that his opinions regarding the behavioral effect of methamphetamine, particularly driving behavior, are widely accepted in the scientific community, to which Dr. Pappas replied, "Yes." The trial court then ruled that Dr. Pappas was qualified to testify as an expert witness and that his opinion testimony was based on reliable scientific evidence that was not particularly novel.

Hoyle was tried by a jury on March 9, 2006. At trial, Corporal Adams testified about his investigation of the accident. According to Adams, he was called to work a crash site on Highway 71 south of Mena. When he first arrived, Adams saw an unidentified metal frame and a chip trailer with tractor trailer attached to it. The tractor trailer was on fire, and the chip trailer was partially on fire. Adams soon discovered that the metal frame was the remnants of a 1990 Chevrolet Motor Home, estimated to have been thirty feet long. The driver of the motor home and her two passengers had been taken from the scene to area hospitals prior to Adams's arrival. Adams then noticed a man, later identified as Hoyle, sitting up on a hill in front of a feed store. According to Adams, in reconstructing the accident, he was able to determine that the Hoyle vehicle, which originated in Mansfield, Arkansas, and weighed over 82,000 pounds, was originally traveling southbound, while the Dean vehicle was headed northbound, when Hoyle's vehicle crossed the center line and hit the Dean vehicle at a forty to forty-five degree angle. The impact of Hoyle's vehicle pushed the Dean vehicle backwards before Hoyle's vehicle went through the motor home. Adams stated that as part of his investigation he requested Hoyle to submit to a blood and urine test.

Deputy Price testified that he first came into contact with Hoyle at the scene of the accident and then followed him to the Mena Medical Center. There, Price presented Hoyle with a "Blood Alcohol/Controlled Substances Rights Form" and explained the document to him prior to having hospital staff administer urine and blood samples.

Elizabeth Lowman-Smith, testifying as an expert, stated that her testing of Hoyle's urine sample revealed the presence of both amphetamine and methamphetamine in his system. A subsequent blood screen revealed an amount of methamphetamine quantified at .221 micrograms per milliliter.

James Gann, a truck owner who was driving a commercial truck that was behind Hoyle's vehicle immediately prior to the accident, also testified. According to Gann, he heard an encounter over his CB radio where the driver of a tanker "chewed on somebody" whom Gann believed to be Hoyle. Evidently, the driver of a chip hauler almost hit the tanker driver after crossing the center line. The driver of the chip hauler apologized and then later Gann heard this same person become quite talkative as they approached Mena. Shortly thereafter, just outside of Wickes, Gann witnessed the chip hauler cross the center line and crash into an oncoming vehicle, causing that vehicle to explode. According to Gann, the brake lights on Hoyle's vehicle had previously been activated but never came on before Hoyle crashed into the motor home. According to Gann, he never saw anything that would have caused Hoyle to swerve into the on-coming traffic lane.

Dr. Pappas testified that he is familiar with the effects of methamphetamine on the human body. Specifically, Dr. Pappas testified that such effects include euphoria, self-grandisment, reckless behavior, and the inability to sleep. In addition, Dr. Pappas testified about studies that have been done on the effect of methamphetamine and driving, and such studies link methamphetamine with reckless driving behavior, particularly crossing the center line and hitting another vehicle. According to Dr. Pappas,...