Jones v. State
313 Ga. App. 590
| Ga. Ct. App. | 2012Background
- Jones was convicted after a jury trial of two counts of first degree homicide by vehicle, one count of first degree feticide by vehicle, one count of DUI per se, and one count of DUI less safe.
- She appeals alleging insufficient evidence and denial of a motion to suppress BAC results from hospital-blood samples obtained under a search warrant.
- On December 15, 2006, Jones and two friends drank liquor, then drove on I-75; Jones veered across lanes and collided with another vehicle, killing Smeigh, Stone, and Stone’s unborn child.
- An officer detected alcohol on Jones; she refused a blood test; a warrant was obtained to draw blood at the hospital, which showed a BAC of 0.158.
- Evidence at trial included eyewitness accounts, EMT testimony, police testimony, and a GBI forensic chemist; Jones testified but offered alternative theories of causation.
- The trial court denied suppression; the appellate court affirmed the convictions and the denial of the motion for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for homicide by vehicle | Jones asserts no proof of causation of the crash by DUI. | Jones contends the State failed to show how the accident occurred beyond a reasonable doubt. | Sufficient evidence; jury could find DUI caused the fatalities. |
| Suppression of blood-alcohol test results | Jones contends the warrant was unlawfully broad to seize medical records. | Jones argues the warrant impermissibly broad; the seizure violated Fourth Amendment rights. | Warrant narrowly drafted to obtain blood and related records; overbreadth not shown; suppression denied. |
Key Cases Cited
- King v. State, 276 Ga. 126 (2003) (medical records via warrant allowable when narrowly tailored)
- Butler v. State, 130 Ga.App. 469 (1973) (overbreadth defenses in searches; validity of narrowly drafted warrants)
- Bowling v. State, 289 Ga. 881 (2011) (limitation of search warrants to relevant records; leakage of scope rejected)
- Stubblefield v. State, 302 Ga.App. 499 (2010) (sufficiently particularized warrants sustain admissibility)
- Brogdon v. State, 299 Ga.App. 547 (2009) (narrowly drafted hospital-record searches permissible)
- Whitten v. State, 174 Ga.App. 867 (1985) (probable cause and warrant standards outlined)
- State v. Palmer, 285 Ga. 75 (2009) (probable cause framework for affidavits and warrants)