199 So. 3d 670
Miss.2016Background
- On July 5, 2013, Officer Louis McDade stopped Jerome Clemons after observing erratic driving (incorrect turn signal, multiple contacts with fog line, failure to fully pull off road) and a vehicle without a tag.
- McDade smelled a strong odor of alcohol, learned Clemons’s license was suspended, and observed slurred speech, bloodshot eyes, swaying/stumbling; backup Officer Thomas corroborated these observations.
- At the county jail, an Intoxilyzer 8000 attempt produced two error messages (“ambient fail” and “interferent detected”), so no BrAC reading was recorded.
- McDade administered field sobriety tests (one-leg stand and walk-and-turn) and observed multiple indicators of intoxication; Clemons had two prior DUI convictions and was charged with felony DUI.
- At trial Clemons (pro se with appointed assistance) and Lt. Ellis Smoot testified, disputing aspects of the State’s account (Smoot recalled a 0.00 BrAC entry but was unfamiliar with the machine); the jury convicted Clemons and the trial court sentenced him to five years and fines.
- Clemons appealed, arguing the verdict was against the overwhelming weight of the evidence; the Mississippi Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument (Clemons) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether the jury verdict was against the overwhelming weight of the evidence | Clemons asserted witness testimony (himself and Smoot) contradicted officer testimony: alleged a 0.00 Intoxilyzer reading, lack of video, and that field sobriety tests were not performed, rendering the verdict against the weight of the evidence | The State relied on officer observations (driving behavior, odor of alcohol, slurred speech, bloodshot eyes, failed field sobriety tests) and expert testimony that the Intoxilyzer produced no valid reading due to errors; credibility disputes favor the jury | Affirmed: viewing evidence in light most favorable to verdict, testimony of slurred speech, odor, driving irregularities, and failed sobriety tests supported conviction; credibility resolved for State |
Key Cases Cited
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (standard for overturning verdict as against overwhelming weight of the evidence)
- Herring v. State, 691 So. 2d 948 (Miss. 1997) (weight-of-evidence review principles)
- McQueen v. State, 423 So. 2d 800 (Miss. 1982) (new trial remedy limited to exceptional cases where evidence preponderates heavily against verdict)
- Leuer v. City of Flowood, 744 So. 2d 266 (Miss. 1999) (definition and application of "under the influence" where chemical test is absent or inconclusive)
- Evans v. State, 25 So. 3d 1054 (Miss. 2010) (slurred speech, bloodshot eyes, and erratic driving can support DUI conviction)
- Gilpatrick v. State, 991 So. 2d 130 (Miss. 2008) (observed driving irregularities and alcohol odor support conviction)
- Young v. State, 119 So. 3d 309 (Miss. 2013) (facts supporting impairment conviction including odor, behavior, and in-car evidence)
- Moore v. State, 151 So. 3d 200 (Miss. 2014) (slurred speech, bloodshot eyes, and difficulty walking support DUI)
- Flowers v. State, 144 So. 3d 188 (Miss. 2014) (jury’s role in resolving witness credibility)