Carlson v. City of Ridgeland
131 So. 3d 1220
| Miss. Ct. App. | 2013Background
- Carlson was convicted by county court of careless driving and DUI, first offense, which the circuit court affirmed on appeal.
- Carlson appealed to the circuit court alleging (a) failure to file an appellee brief by the City of Ridgeland, (b) insufficient proof of intoxication beyond a reasonable doubt, and (c) judicial bias.
- Officer Webb stopped Carlson after witnessing him strike a concrete lane divider and detected a strong odor of alcohol.
- Carlson admitted drinking at Electric Cowboy after a shift, and performed field sobriety tests indicating impairment; he later alleged a seizure while awaiting the Intoxilyzer test but did not provide medical proof.
- At trial de novo in the county court, the judge found sufficient evidence to convict under Miss. Code Ann. § 63-11-30(l)(a) and Carlson was convicted and sentenced to 48 hours in custody and a $1,000 fine.
- This Court affirmed, noting the City’s failure to file a brief did not warrant reversal and that evidence supported the DUI conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether striking the brief requires reversal. | Carlson—brief struck; reverses conviction. | Carlson's conviction can be affirmed without brief. | Affirmed; no reversal necessary. |
| Sufficiency of evidence for DUI first offense. | Carlson asserts insufficient proof he was under influence. | Evidence showed impairment and admission of drinking. | Sufficient evidence supports DUI conviction. |
| Medical seizure vs. intoxication as defense. | Seizure caused impairment; medical proof lacking. | No medical proof of seizure; impairment from alcohol. | No reversible error; medical condition not proven. |
| Judicial bias against Carlson. | Judge biased based on questioning and demeanor. | Bias not shown; exchange was inquiry, not bias. | No reversible bias; absence of proof beyond reasonable doubt. |
Key Cases Cited
- Chatman v. State, 761 So.2d 851 (Miss.2000) (appellee brief failure allows affirmance if conviction can be affirmed with confidence)
- Hathcock v. State, Farm Bureau Cas. Ins. Co., 912 So.2d 844 (Miss.2005) (judicial impartiality presumed; bias shown only if proven beyond reasonable doubt)
- Doolie v. State, 856 So.2d 669 (Miss.Ct.App.2003) (judge in bench trial acts as jury; findings reviewed for substantial evidence)
- Bush v. State, 895 So.2d 836 (Miss.2005) (standard for sufficiency of evidence in DUI cases (Jackson v. Virginia standard))