Gregory Everett Mitchell v. State
2013 Tex. App. LEXIS 14606
| Tex. App. | 2013Background
- Mitchell was indicted for intoxication manslaughter and manslaughter in the death of Ryan Bettcher.
- The jury found Mitchell guilty of intoxication manslaughter and sentenced him to 15 years’ confinement and a $10,000 fine.
- On May 7, 2011, Mitchell drove after drinking three Miller Lite beers in a head-on collision with Bettcher on Aviation Boulevard, Bexar County.
- Bettcher was killed at the scene; Mitchell’s vehicle showed damage and Bettcher’s hair and blood were found on the passenger windshield.
- Mitchell refused blood and breath tests; a mandatory blood draw was conducted; a blood sample was collected and tested with BAC at .20.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of the redacted blood-draw request form | Mitchell argues the form was hearsay and violated chain-of-custody. | State contends the form supports chain of custody and any errors affect weight, not admissibility. | Form admissible; harmless error given other evidence. |
| Confrontation Clause violation from the form’s admission | Peterson should have been cross-examined; form testimonial. | Form not testimonial; analyst available for cross-examination. | No Confrontation Clause violation; rights not violated. |
| Sufficiency of the evidence to prove intoxication manslaughter | State proved Mitchell operated a vehicle and was intoxicated. | No direct proof that Mitchell operated the vehicle or that intoxication caused death. | Evidence legally sufficient to prove operation and intoxication beyond reasonable doubt. |
Key Cases Cited
- Casey v. State, 215 S.W.3d 870 (Tex. Crim. App. 2007) (abuse of discretion standard for extraneous-evidence rulings)
- Page v. State, 137 S.W.3d 75 (Tex. Crim. App. 2004) (harmful error and standard of review for evidentiary rulings)
- Brooks v. State, 990 S.W.2d 278 (Tex. Crim. App. 1999) (harmless error when corroborated by other properly admitted evidence)
- Druery v. State, 255 S.W.3d 492 (Tex. Crim. App. 2007) (chain of custody and authentication considerations)
- Reed v. State, 158 S.W.3d 44 (Tex. App.—Houston [14th Dist.] 2005) (link between evidence and laboratory testing in chain of custody)
- Avila v. State, 18 S.W.3d 736 (Tex. App.—San Antonio 2000) (testimony to support chain-of-custody for toxicology testing)
- Burch v. State, 401 S.W.3d 634 (Tex. Crim. App. 2013) (Sixth Amendment confrontation rights when lab-analyst testifies)
- Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009) (testimonial nature of laboratory reports and confrontation)