Knighten v. State

Decision Date25 November 1986
Docket Number6 Div. 694
Citation507 So.2d 1015
PartiesJohn Ellis KNIGHTEN v. STATE.
CourtAlabama Court of Criminal Appeals

Richard E. Sandefer of Sandefer & Francis, Pinson, for appellant.

Charles A. Graddick, Atty. Gen., and J. Anthony McLain and James F. Hampton, Sp. Asst. Attys. Gen., for appellee.

LEIGH M. CLARK, Retired Circuit Judge.

A jury found this appellant guilty of murder as charged in a count of an indictment that alleged in pertinent part that defendant "did recklessly engage in conduct which manifested extreme indifference to human life and created a grave risk of death to a person other than the said John Ellis Knighten, and did thereby cause the death of Suzette Lynn Hartley, by driving an automobile into another automobile occupied by the said Suzette Lynn Hartley, in violation of Section 13A-6-2 of the Code of Alabama." The trial court sentenced him to imprisonment for life. There was ample evidence introduced by the State to the effect that the alleged victim was killed in a collision between an automobile driven by defendant and an automobile in which the victim was riding on a public highway in Blount County on April 14, 1984. The defendant took the stand. We now quote from brief of counsel for appellant a summary of the defendant's testimony, as to which there is no disagreement by counsel for appellee:

"JOHN ELLIS KNIGHTEN, called to testify, testified that he lives in Allgood, is 44 years old and had, on April 14, 1984, drunk two or three beers between 10:00 and 12:00, at which time he lay down on the couch and went to sleep. He testified that he slept until around 4:30 p.m. and got up and ate. He testified that when he came around the curve just south of Allgood, he saw a string of cars meeting him, and one of the cars was in his lane, like they were passing. He stated that as the cars drew nearer, he eased on his brakes and went off the right hand side of the road. He testified that the car started sliding, that he left the pavement completely and turned the car to the left, pulled back upon the pavement, at which time the rear of the car started sliding to the left and he cut it back to the right and left the pavement again. He testified that, at this time, the car shifted real hard, throwing him toward the passenger's side of the car. He testified that he didn't remember anything else except waking up sitting in the car. Mr. Knighten further testified that he did not remember who took him out of the car, that he only remembered parts of riding in the ambulance, that he did not remember talking with Trooper Bell. He further stated that he did not remember being in University Hospital on the night of April 14, 1984, he did not remember seeing an Officer Bell there, nor giving him consent to take his blood. He did not remember being read his Miranda rights by Officer Bell. He never authorized Officer Bell to conduct a search of his person and a seizure of his blood."

We now discuss the issues raised by appellant in the order they are presented in brief of counsel for appellant.

I.

The following is the caption of the first issue presented by appellant:

"That the Court erred in not granting the written Motion for Judgment of Acquittal filed by Mr. Knighten, the Appellant's renewed Motion for Judgment of Acquittal made at the time the Appellant rested his case and at other times during the course of the trial and Mr. Knighten's Motion for the general affirmative charge to murder."

Counsel for appellant makes a commendably strong argument in favor of appellant by showing that some, and perhaps most, of the evidence in the case was to the effect that defendant's physical operation of his automobile was in accordance with proper driving procedure; this tends to a conclusion that on the occasion of the collision between the two automobiles, he was not operating the automobile in a reckless manner and was not intoxicated. On the other hand, it is to be reasoned, we think, that according to the evidence, if the mental faculties of defendant had not been impaired by intoxication, he could have prevented the collision between the two automobiles and the resultant death of Suzette Lynn Hartley would have thereby been avoided.

In accordance with what we have stated above, we decide appellant's first issue adversely to appellant.

II.

The second issue presented in brief of counsel for appellant is as follows:

"That the Court erred in not granting Mr. Knighten's Motion to Exclude the State's Evidence on the blood test."

We now quote a large part of the argument contained in the brief of counsel for appellant as to ISSUE II:

"The Court erred in not granting the defendant's motion to exclude the State's evidence on the blood test. R. 487. First, it is not shown to the proper exclusion that Mr. Knighten had not ingested or had placed in his body substances which would have affected the accuracy of a blood test. It was shown that Mr. Knighten was picked up by the ambulance driver at the scene, taken to East End Memorial Hospital where he was left for an indeterminate period of time and received unknown treatment. The next link in the chain is when Mr. Chiles picked Mr. Knighten up at East End Memorial Hospital, he was transferred to the University Hospital. At that time he testified that Mr. Knighten had an IV in his arm from some treatment that was given to him there at the East End Memorial Hospital. At the University Hospital, Trooper Bell and Nurse Pritchett stated, that there were numerous doctors working around Mr. Knighten, administering substances on and into his body (R-331-332). Whether these substances, could effect his ability to voluntarily consent to a blood test or to voluntarily consent to a waiver of his rights, was not proven to the proper exclusion by the State. Delarosa v. State, Ala.Cr.App., 384 So.2d 876, cert. denied, Ala., 384 So.2d 880 (1980); McGough v. Slaughter, Ala., 395 So.2d 972; Schneckloth v. Bustamonte, 412 U.S. 218, 219, 93 S.Ct. 2041, 2043, 36 L.Ed.2d 854, 858 (1973); Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966); Kelley v. State, 55 Ala.App. 402, 316 So.2d 233 (1975).

"...

"Therefore, the blood test, the consent for the blood test should have been suppressed on the defendant's motions and continued objections throughout the trial. (R-404, 415, 409, 410 and 411)."

The response in appellee's brief to ISSUE II is as follows:

"THE TRIAL COURT MADE NO ERROR IN ITS ALLOWANCE OF THE TESTIMONY OF THE STATE'S EXPERT THAT THE APPELLANT'S BLOOD ALCOHOL CONTENT TESTED .11 PERCENT ETHYL ALCOHOL.

"Before testifying as to these results of this particular test, the witness in question (Laura Shevlin) testified that she conducted the test on the blood sample given to her which had been taken from the appellant in this case. Ms. Shevlin indicated that exact procedure she went through in making the determination of the blood alcohol content. In doing so, it was clear from the Record and this Court in examining the record to find that her test was conducted in full accordance with the rules and regulations promulgated by the Department of Public Health of the State of Alabama. Ms. Shelvin indicated that she was duly licensed by the State Board of Health to conduct such a test and had her permitted at the time of the trial and the time the test was run. It is the State's position that the test results were properly predicated upon the procedure as outlined by the Department of Health and therefore admissible into evidence.

"The testimony of Laura Shevein clearly indicates a standard sufficient to comply with the decision of Delarosa v. State, 384 So.2d 876 (Ala.Cr.App.); Commander v. State, 374 So.2d 910 (1978), writ quashed, 374 So.2d 1921 (1979).

"Additionally, the State sees no consequence of the appellant's argument concerning the consent in this case. It is clear from the testimony of Trooper Scott that the appellant consented to the taking of his blood for the purposes of "Additionally, the State would rely on Code of Alabama 1975, § 32-5-192 to the extent that that statement makes a statutory consent implied for this procedure for any person who operates a motor vehicle on the public highways of the State of Alabama. The appellant may have had the right to resist the taking of his blood but his failure to do so coupled with his express consent to the giving of his blood indicates that the sample taking was proper."

making an analysis. This consent was given orally and witnessed by at least one other person who testified at trial. (One of the nurses working in the hospital.)

We think that the authorities cited by counsel for appellant tend to support the position of appellee rather than that of appellant, particularly the opinion of Judge Tyson in Delarosa v. State, 384 So.2d 876 (Ala.Cr.App.), cert. denied, 384 So.2d 880 (Ala.1980).

III.

This issue is captioned in brief of counsel for appellant as follows:

"That the Court erred in now allowing Mr. Knighten to preserve the testimony or to take testimony from two individuals which discussed matters, relating to the type case at hand, with the jury venire, while sitting in recess as a group. The defendant was restricted to merely asking the jurors, as a group, if certain things were said. The defendant made an appropriate motion, on R-60, as follows:

"MR. SANDEFER: We still renew the motion pending before the Court concerning the preservation of the testimony to talk to the jurors so to see their answers enlisted from the 12 jurors as a proper response to it.

"To preserve or question the individuals, which had discussed the matters with the jury venire, in order to validate the accuracy, which the Court overruled, thus denying the Appellant due process of law as guaranteed under the Fourth, Fifth and Sixth Amendments to the Constitution of the United States of American as applied to the states...

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  • Sockwell v. State
    • United States
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    ...will not be disturbed except for gross abuse." Mullis v. State, 545 So.2d 205, 209 (Ala.Crim.App.1989) (citing Knighten v. State, 507 So.2d 1015, 1021 (Ala.Crim.App.1986)). Widespread publicity, alone, will not support a change in venue. Ex parte Grayson, 479 So.2d 76, 80 (Ala.), cert. deni......
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