John Paul Longest v. State of Mississippi
223 So. 3d 799
| Miss. Ct. App. | 2017Background
- On January 23, 2015, Officer Kesha McBay stopped John Longest after observing his pickup partially on the shoulder and then swerving across the fog line and center line on Highway 49.
- At the stop officers smelled alcohol, observed bloodshot/glassy eyes, slurred speech, and admitted alcohol consumption (Longest admitted three to four beers).
- Longest stumbled exiting his vehicle, exposed that his pants were unfastened, had difficulty following commands, failed the HGN test, and the walk-and-turn was terminated early for safety; breath test at jail produced an insufficient sample.
- County Court (bench trial) convicted Longest of common-law DUI and careless driving; JNOV denied; Circuit Court affirmed the convictions on appeal.
- Longest argued insufficiency and that his vehicle’s poor condition and a knee injury (and hearing issues) explained the observations; the court found the dash-cam corroborated officer testimony and rejected those defenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for common-law DUI | Longest: State failed to prove impairment beyond a reasonable doubt | State: Officer observations, admissions, HGN failure, erratic driving, and dash-cam provide sufficient proof of impairment | Affirmed — evidence viewed favorably to State was sufficient to support DUI conviction |
| Weight of the evidence (overwhelmingness) | Longest: Verdict against the overwhelming weight of the evidence | State: Testimony and video corroboration make verdict reasonable | Affirmed — not so contrary to overwhelming weight to warrant reversal |
| Alternative explanations (vehicle condition, knee injury, hearing) | Longest: Poor vehicle, knee injury, and hearing problems caused observed behavior | State: No expert or contemporaneous notice of injury; officers’ observations and video undermine those explanations | Rejected — trial court credited officers and video; lay testimony insufficient to overcome evidence of alcohol impairment |
Key Cases Cited
- Carlson v. City of Ridgeland, 131 So. 3d 1220 (Miss. Ct. App. 2013) (bench-trial factfinding deference)
- Doolie v. State, 856 So. 2d 669 (Miss. Ct. App. 2003) (judge as factfinder in bench trial)
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (sufficiency standard: view evidence in light most favorable to State)
- Nolan v. State, 182 So. 3d 484 (Miss. Ct. App. 2016) (common-law DUI when BAC unavailable)
- Young v. State, 119 So. 3d 309 (Miss. 2013) (proof required for common-law DUI)