Jefferson v. State
138 So. 3d 263
| Miss. Ct. App. | 2014Background
- At 2:15 a.m., Jefferson attempted to avoid a highway safety checkpoint, turned off the road without signaling, and was stopped after swerving.
- Officers smelled alcohol, observed bloodshot eyes and slurred speech, and saw a liquor-bottle cap on the passenger seat.
- A portable breath test detected alcohol; Jefferson admitted to drinking and failed field sobriety tests.
- Jefferson was arrested, consented to a blood draw about one hour after the stop, and the Mississippi Crime Lab reported a BAC of 0.16%.
- Jefferson was tried and convicted of felony DUI (third offense within five years) and sentenced to five years in prison plus fines and costs.
- On appeal he argued (1) the verdict was against the overwhelming weight/sufficiency of the evidence due to alleged gaps in chain-of-custody and calibration documentation, and (2) the prosecution committed a Brady discovery violation by not producing a calibration certification.
Issues
| Issue | Plaintiff's Argument (Jefferson) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency of the evidence (chain of custody/calibration) | Evidence insufficient because chain of custody at the crime lab and calibration documentation for the BAC machine were incomplete/missing | Even if lab documentation had gaps, jury could convict on common-law DUI based on officer observations, breath test, admission, and failed field tests; appellant failed to develop record/authority | Affirmed — appellant’s arguments are undeveloped and conviction supported by evidence of impairment independent of lab results |
| Brady/discovery violation for calibration certification | Prosecution withheld calibration certification; its absence undermined test reliability and was potentially favorable to defense | Defendant failed to show the document would be favorable or that he could not obtain it with reasonable diligence; he never requested or obtained the certification post-trial | Affirmed — no Brady violation shown; defendant did not prove material favorable evidence was withheld and did not pursue the document |
Key Cases Cited
- Bush v. State, 895 So.2d 836 (Miss. 2005) (standard for sufficiency of the evidence)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (any rational trier of fact standard for sufficiency review)
- Young v. State, 119 So.3d 309 (Miss. 2013) (common-law DUI can be proven without BAC if evidence shows impairment)
- Rhoda v. Weathers, 87 So.3d 1067 (Miss. Ct. App. 2011) (appellant must adequately develop arguments on appeal)
- Archer v. State, 118 So.3d 612 (Miss. Ct. App. 2012) (appellate briefing must cite authority and develop arguments)
- Birkhead v. State, 57 So.3d 1223 (Miss. 2011) (presumption of correctness of trial court; burden on appellant)
- Davis v. State, 43 So.3d 1116 (Miss. 2010) (defendant must show withheld evidence was favorable under Brady)
- Havard v. State, 86 So.3d 896 (Miss. 2012) (elements of a Brady claim)
- Brady v. Maryland, 373 U.S. 83 (U.S. 1963) (prosecution must disclose materially exculpatory evidence)