Breazeale v. State, 2011 WY 10

Breazeale was convicted of aggravated homicide by vehicle; incident occurred Mar. 15, 2009 in Casper, WY, where he lost consciousness and the vehicle crossed lanes, causing a fatal head-on collision.
Toxicology after the wreck showed cocaine metabolites; DNA on the canister of sprayed product matched Breazeale.
Defense asserted a seizure disorder caused unconsciousness; a neurologist testified to possible epileptic seizure.
Evidence indicated Breazeale inhaled a volatile substance (canned air) multiple times prior to the crash, potentially impairing driving.
Police obtained Breazeale’s medical records at the hospital after he invoked silence; district court denied suppression of those records.
Trial proceeded with Breazeale denying inhalation of canned air; police and hospital tests did not detect the volatile substance, but cocaine metabolites were present.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Suppression of medical records after invoking right to silence and counsel	Breazeale argues records were obtained coercively	Consent coerced after officer continued questioning	No coercion found; consent voluntary; suppression denied
Sufficiency of evidence for reckless driving	Breazeale argues no willful or wanton disregard shown	Recklessness defined by conscious disregard of substantial risk	Sufficient evidence; jury could find reckless driving under statutory standard
Sufficiency of evidence for DUI of cocaine	Metabolites show past use; may not prove intoxication at crash	Jury could infer impairment from prior cocaine use via 404(b) and expert testimony	Evidence supports under influence of a controlled substance under statute; sufficient for conviction
Admissibility of 404(b) evidence of prior cocaine use			District court did not abuse discretion; evidence tied to impairment; fall within allowed 404(b) scope
Right to present medical defense evidence		Defense rights to present medical/automatic defense	District court did not abuse discretion; Rule 12.3(a) adequately satisfied; exclusion proper

Lovato v. State, 228 P.3d 55 (Wyo. 2010) (standard for reviewing suppression rulings; de novo on law, deferential on facts)
Hannon v. State, 84 P.3d 320 (Wyo. 2004) (Miranda right to counsel does not apply in noncustodial interviews; voluntariness of confession examined by totality of circumstances)
Rogers v. State, 971 P.2d 599 (Wyo. 1999) (reckless element defined as conduct under § 6-1-104(a)(ix) for aggravated homicide by vehicle)
Estrada-Sanchez v. State, 66 P.3d 703 (Wyo. 2003) (right to be informed of nature of charge; harmless typographical error does not void jurisdiction)
Taylor v. Illinois, 484 U.S. 400 (1988) (Sixth Amendment; confrontation with witnesses not absolute; discovery sanctions may infringe compulsory process)