Robert Alan Novotny v. Commonwealth of Virginia, 1489163

On Jan. 31, 2015, Novotny drove head-on into a Chevrolet on a straight, dry two-lane highway; the Chevrolet driver died from blunt-force injuries.
Eyewitness saw Novotny’s truck cross the double yellow into oncoming traffic; another witness described an immediate collision.
At the scene Novotny told an officer he “takes Subutex” (buprenorphine) and later told a magistrate “I did it; was high when I did it.”
At the hospital, Sergeant Pack (without giving Miranda warnings) questioned Novotny; Novotny said he had taken Amitriptyline that morning and was traveling about 50–58 mph.
Toxicology detected no drugs the lab tested for, but did not test for buprenorphine; expert testified Amitriptyline can cause drowsiness and impaired divided attention.
Novotny was convicted by a jury of involuntary manslaughter; he appealed, arguing the hospital statements should have been suppressed (Miranda) and that the evidence was insufficient to prove criminal negligence.

Issue	Plaintiff's Argument (Commonwealth)	Defendant's Argument (Novotny)	Held
Whether hospital statements should be suppressed as custodial Miranda statements	Statements were admissible or any Miranda error was harmless given other evidence	Sgt. Pack interrogated Novotny in custody without Miranda warnings, so statements should be excluded	Court assumed possible Miranda error but found its admission harmless beyond a reasonable doubt (statements cumulative; verdict would be same)
Whether evidence was sufficient to prove criminal negligence for involuntary manslaughter	Novotny drove while impaired, admitted being high/taking meds, and crossed into oncoming lane — supports criminal negligence	Commonwealth failed to prove impairment objectively (no buprenorphine test) and driving behavior was brief	Evidence sufficient: admissions, expert testimony on effects, eyewitness of crossing center line, and contradictory defendant testimony supported conviction

King v. Commonwealth, 217 Va. 601 (definition of involuntary manslaughter — negligence so gross as to show reckless disregard of human life)
Washington v. Recuenco, 548 U.S. 212 (harmless-error inquiry: would jury have returned same verdict absent error)
Angel v. Commonwealth, 281 Va. 248 (factors for harmless-error review in constitutional context)
Keech v. Commonwealth, 9 Va. App. 272 (criminal negligence requires a higher degree of negligence than civil liability)
Cheung v. Commonwealth, 63 Va. App. 1 (awareness of impairment can support involuntary manslaughter conviction)
Conrad v. Commonwealth, 31 Va. App. 113 (dozing off while driving can establish criminal negligence)
Zirkle v. Commonwealth, 189 Va. 862 (dangerous, prolonged driving across center line supports criminal negligence)