State v. Williams, No. 22942
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | GREGORY |
| Citation | 376 S.E.2d 773,297 S.C. 290 |
| Parties | The STATE, Respondent, v. David WILLIAMS, Jr., Appellant. . Heard |
| Docket Number | No. 22942 |
| Decision Date | 04 October 1988 |
Page 773
v.
David WILLIAMS, Jr., Appellant.
Decided Jan. 16, 1989.
[297 S.C. 291] Deputy Chief Atty. Elizabeth C. Fullwood, of S.C. Office of Appellate Defense, Columbia, for appellant.
Atty. Gen. T. Travis Medlock, Asst. Atty. Gen. Harold M. Coombs, Jr., Columbia, and Sol. Charles M. Condon, Charleston, for respondent.
GREGORY, Chief Justice:
Appellant was convicted of one count of felony driving under the influence (DUI) causing death and two counts of felony DUI causing great bodily injury. He was sentenced concurrently to twelve years and two one-year terms. We affirm.
Appellant contests the trial judge's refusal to suppress the results of a blood alcohol test. He claims the warrantless seizure of his blood violated his fourth amendment rights because it was not incident to a valid arrest. We disagree.
Officer Rohaus testified he was called to the scene of an accident on November 13, 1986. He found appellant pinned in his vehicle yelling and cursing at rescue workers. Rohaus smelled "an odor of alcoholic beverage in the vehicle." In his [297 S.C. 292] opinion, appellant was intoxicated.
Sergeant Allen testified "there was a smell of alcoholic beverage contained about the person [of appellant] and his motor vehicle." He testified appellant was arrested at the scene and was incoherent at the time.
An accident reconstruction expert testified appellant's vehicle crossed a double yellow line into the oncoming lane at an acute angle. The impact occurred in the center of the oncoming lane. The driver of
Page 774
the other vehicle was killed and two teenaged passengers severely injured.Because appellant was injured, he was taken from the scene to the hospital. At the hospital, several tubes of appellant's blood were drawn including one taken at the request of police. This sample was tested for blood alcohol content and registered .177.
In December 1986, a month after the accident, appellant received a Uniform Traffic Ticket for felony DUI. The ticket refers to "date of arrest" as December 24, 1986, rather than November 13, 1986.
Appellant first argues that under Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966), there must be a prior arrest before a blood sample can be drawn absent consent. The fourth amendment analysis in Schmerber, however, does not hinge on whether there was a prior arrest....
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State v. Joseph, No. 2711
...need not negate all possibility of tampering, it must establish a complete chain of evidence as far as practicable. State v. Williams, 297 S.C. 290, 376 S.E.2d 773 (1989); Johnson, 318 S.C. at 196, 456 S.E.2d at In the case at bar, we conclude that the State failed to establish an adequate ......
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State v. Taylor, No. 3837.
...need not negate all possibility of tampering, it must establish a complete chain of evidence as far as practicable. State v. Williams, 297 S.C. 290, 293, 376 S.E.2d 773, 774 (1989); Johnson, 318 S.C. at 196, 456 S.E.2d at 443. The admission of evidence is addressed to the sound discretion o......
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Stevens v. Allen, No. 3017.
...in this case was not an abuse of discretion. See State v. Cribb, 310 S.C. 518, 426 S.E.2d 306 (1992); Raino, supra; State v. Williams, 297 S.C. 290, 376 S.E.2d 773 (1989); Benton v. Pellum; 232 S.C. 26, 100 S.E.2d 534 CONCLUSION We hold the Personal Representatives are entitled to a new tri......
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State v. Cribb, No. 23755
...test. Page 311 This test requires that a complete chain of custody be established "at least as far as practicable." State v. Williams, 297 S.C. 290, 293, 376 S.E.2d 773, 774 (1989); State v. Kahan, 268 S.C. 240, 233 S.E.2d 293 (1977); State v. Pollard, 261 S.C. 389, 200 S.E.2d 233 (1973); B......
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State v. Joseph, No. 2711
...need not negate all possibility of tampering, it must establish a complete chain of evidence as far as practicable. State v. Williams, 297 S.C. 290, 376 S.E.2d 773 (1989); Johnson, 318 S.C. at 196, 456 S.E.2d at In the case at bar, we conclude that the State failed to establish an adequate ......
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State v. Taylor, No. 3837.
...need not negate all possibility of tampering, it must establish a complete chain of evidence as far as practicable. State v. Williams, 297 S.C. 290, 293, 376 S.E.2d 773, 774 (1989); Johnson, 318 S.C. at 196, 456 S.E.2d at 443. The admission of evidence is addressed to the sound discretion o......
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Stevens v. Allen, No. 3017.
...in this case was not an abuse of discretion. See State v. Cribb, 310 S.C. 518, 426 S.E.2d 306 (1992); Raino, supra; State v. Williams, 297 S.C. 290, 376 S.E.2d 773 (1989); Benton v. Pellum; 232 S.C. 26, 100 S.E.2d 534 CONCLUSION We hold the Personal Representatives are entitled to a new tri......
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State v. Cribb, No. 23755
...test. Page 311 This test requires that a complete chain of custody be established "at least as far as practicable." State v. Williams, 297 S.C. 290, 293, 376 S.E.2d 773, 774 (1989); State v. Kahan, 268 S.C. 240, 233 S.E.2d 293 (1977); State v. Pollard, 261 S.C. 389, 200 S.E.2d 233 (1973); B......