Marcus Louis James v. State
09-14-00360-CR
| Tex. App. | Aug 26, 2015Background
- Marcus Louis James was convicted by a jury of driving while intoxicated; judge imposed a $2,000 fine and 180 days jail but suspended sentence and placed him on 18 months probation.
- Officer Jeremy Bearden (traffic unit, certified in standardized field sobriety tests) stopped James after observing suspected racing and vehicles running a flashing red signal.
- Bearden administered three standardized SFSTs: HGN (horizontal gaze nystagmus), walk-and-turn, and one-leg stand; HGN reportedly showed 6/6 clues, other tests showed multiple clues; James admitted drinking and refused a breath test.
- HGN testing was performed out of view of the patrol car video camera; Bearden testified HGN clues cannot be seen on camera and there was no policy requiring subjects be placed in front of the vehicle.
- James filed a pretrial motion to exclude HGN testimony, alleging Bearden deliberately conducted HGN off-camera in bad faith, making the test unreliable and prejudicial; the trial court admitted the HGN testimony and the jury convicted.
- On appeal James challenged (1) admission of HGN testimony and (2) sufficiency of the evidence absent HGN; the court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of HGN testimony | James: Bearden intentionally ran HGN off-camera in bad faith; lack of video deprived counsel ability to test reliability; evidence prejudicial and unreliable | State/Bearden: Officer certified, followed standardized procedures, explained why HGN was off-camera, no policy requiring camera placement, no evidence of bad faith | Court: No abuse of discretion; HGN testimony admissible under Rule 702/Kelly and no showing of intentional or bad-faith conduct to exclude testimony |
| Sufficiency of evidence without HGN | James: Without HGN, remaining evidence insufficient to prove intoxication beyond a reasonable doubt | State: Walk-and-turn and one-leg-stand failures, admissions of drinking, refusal of breath test, and video of the other tests provide sufficient proof | Court: Even excluding HGN, combined evidence (other SFST clues, admission of drinking, refusal) sufficient; conviction affirmed |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence review)
- Kelly v. State, 824 S.W.2d 568 (Tex. Crim. App.) (framework for admissibility of scientific evidence)
- Emerson v. State, 880 S.W.2d 759 (Tex. Crim. App.) (HGN is scientific evidence admissible under Kelly/Rule 702)
- State v. Rudd, 255 S.W.3d 293 (Tex. App.–Waco) (court suppressed HGN where officer lacked credibility and failed to properly perform test)