Blackwell v. State
455 S.W.3d 848
Ark. Ct. App.2015Background
- Blackwell was convicted of felony negligent homicide, manslaughter, and third-degree battery; sentenced to ten years for negligent homicide and fined $500 for battery.
- On March 28, 2010, Blackwell’s car struck Ralph Friedmann, a 79-year-old man, who was walking on a sidewalk in Little Rock.
- Police collected urine samples from Blackwell at Baptist Hospital and later at the jail.
- Blackwell filed a suppression motion (April 20, 2012) challenging the urine samples on Fourth, Fifth, Sixth, and Fourteenth Amendment grounds and chain-of-custody concerns; a suppression hearing followed (Aug. 7, 2013).
- At the suppression hearing, multiple LRPD officers and lab personnel testified about collection, sealing, transfer, and storage of the samples; the court denied the motion.
- The State amended charges to include manslaughter (Sept. 4, 2013); Blackwell moved to dismiss the manslaughter charge as time-barred, which the court denied.
- A jury trial (Nov. 7, 2013) convicted Blackwell on all counts; the judgment shows a zero-year sentence for manslaughter, ten years for negligent homicide, and a $500 battery fine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether urine samples were admissible under 5-65-205 | Blackwell contends sampling violated implied-consent limits and testing was coerced. | State asserts officers complied with statute; Blackwell agreed to a urine test after initially resisting a blood test. | Urine samples admissible; statute not violated; no coercive error. |
| Whether Fifth/Sixth Amendment rights were violated by sample collection | Blackwell argues Fifth Amendment and right to counsel attached to sample collection. | State relies on cases holding Miranda and counsel do not attach to chemical tests under implied-consent. | No Fifth Amendment or Sixth Amendment violation; no right to counsel before testing. |
| Whether the samples lacked authenticity for due-process concerns | Blackwell asserts packaging inconsistencies taint authenticity; cites Crisco to show lack of authenticity. | State notes same testing results; discrepancies were limited to packaging, with no tampering in the testing description. | Not a lack of authenticity; discrepancies for packaging were for the fact-finder; evidence admissible. |
| Whether the manslaughter charge was time-barred by the statute of limitations | Blackwell argues the three-year limit began June 8, 2010 and expired June 8, 2013. | State tolls the period because the felony negligent-homicide charge was pending, per 5-1-109(g)(2). | Statute tolled by pending related charge; dismissal denied. |
| Whether Blackwell's sentence for manslaughter is illegal on the face of the judgment | Zero-year manslaughter sentence contradicts minimum three-year term. | State did not file appeal or cross-appeal on legality of sentence. | Illegal sentence issue not reviewable on the current appeal; cannot be addressed here. |
Key Cases Cited
- Hart v. State, 368 Ark. 237 (2006) (de novo review of suppression; credibility of witnesses given deference)
- Graham v. State, 314 Ark. 152 (1993) (statutory interpretation of plain-meaning language)
- Talley v. State, 2010 Ark. 357 (Ark. Sup. Ct. 2010) (Fifth Amendment not applicable to implied-consent testing)
- Forrester v. State, 2010 Ark. 291 (Ark. Sup. Ct. 2010) (no right to counsel before a breathalyzer test)
- Crisco v. State, 328 Ark. 388 (1997) (lack of authenticity where officer and chemist descriptions diverge)
- Owens v. State, 2011 Ark. App. 763 (Ark. Ct. App. 2011) (chain-of-custody issues for evidence are for the trier of fact)
- Dansby v. State, 338 Ark. 697 (1999) (chain of custody and admissibility issues for evidence)
- Sullivan v. State, 366 Ark. 183 (2006) (appellate review of preserved arguments; jurisdictional limits)