Mitchell Roberts v. State of Mississippi
229 So. 3d 1060
| Miss. Ct. App. | 2017Background
- Roberts was convicted of aggravated DUI causing the death of Altman Jr. after a head-on collision on Highway 19 in Meridian.
- Blood testing showed 51 ng/mL of alprazolam (Xanax) in Roberts’s system; no alcohol detected.
- Eyewitnesses observed erratic driving and impairment consistent with Xanax effects; Roberts claimed possible amnesia.
- Experts agreed Xanax impairment is possible within the therapeutic range and depends on tolerance and circumstances.
- Roberts moved to suppress the blood evidence; the circuit court denied the motion; appellate review affirmed the conviction.
- Conviction and sentence affirmed on sufficiency, weight, confrontation, suppression, and prosecutorial-misconduct challenges
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | Roberts argues evidence insufficient | State proves impairment and causation | Sufficient evidence support affirmed |
| Weight of the evidence | Roberts argues weight favors acquittal | Jury credibility questions remain | Not against the overwhelming weight; new-trial denial affirmed |
| Confrontation rights | Surrogate witnesstestimony violated confrontation | Surrogate admissible under Rule 703 | Testimony admissible; no Sixth Amendment violation |
| Motion to suppress | No probable cause for drug testing | Probable cause existed from erratic driving and tips | Probable cause existing; suppression denied |
| Prosecutorial misconduct | Closing remark improperly urged a message to jurors | Waived or not prejudicial under Spicer test | Waived; not reversible under Spicer |
Key Cases Cited
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (standard for sufficiency of evidence; reasonable juror may convict)
- McGowen v. State, 859 So. 2d 320 (Miss. 2003) (surrogate witnesses may testify in lieu of primary analyst when qualifications shown)
- Forbes v. State, 771 So.2d 942 (Miss. Ct. App. 2000) (prosecutorial misconduct closing-argument scrutiny; send-a-message considerations)
- Spicer v. State, 921 So.2d 292 (Miss. 2006) (two-prong test for prosecutorial misconduct in closing arguments)
- O’Connor v. State, 120 So.3d 390 (Miss. 2013) (threshold waiver and invited error analysis for prosecutorial conduct)
- Phinizee v. State, 983 So.2d 322 (Miss. 2007) (probable-cause framework for warrant-based searches)