State v. Morris
227 W. Va. 76
W. Va.2010Background
- Fatal car crash on Route 340, Jefferson County, Sept. 20, 2007; Morris, with wife Green-Morris, involved in crash.
- Deputy Tiong testified Morris had glassy eyes and strong odor of alcohol; Green-Morris also intoxicated.
- Blood alcohol level measured at .20 g/dl; bruising observed on Morris by hospital staff and a phlebotomist.
- Wife testified Morris drove at 120 mph; witnesses Tothill and Lewis observed high speeds; defendant convicted of DUI causing death and two DUI causing injury.
- Sentence imposed: 2–10 years on felony DUI causing death, plus 1 year on each misdemeanor DUI causing injury, to run consecutively.
- Appellant argues hearsay, ruling on motion in limine, preservation of evidence, and pending Rule 35 motion; court affirms conviction
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Hearsay evidence of nurse’s bruising statements abused Confrontation Clause | Morris argues nurse’s statements were hearsay and violated confrontation | State contends statements were admitted to explain arrest, not for truth | No reversible error; statements admissible for purpose other than truth of matter asserted |
| Admission of phlebotomist Bennett’s bruising testimony | Morris claims expert testimony required Rule 16 notice | Bennett’s testimony was lay opinion under Rule 701 | Admission not error; testimony properly categorized as lay opinion |
| Destruction of vehicle and preservation of evidence; Brady implications | State had duty to preserve exculpatory evidence; destruction prejudicial | No duty to preserve; numerous photographs preserved; no Brady violation | Circuit court did not abuse discretion; no Brady violation; evidence sufficient independent of destroyed vehicle |
| Motion in limine and Rule 35 timing on sentencing | Delay in ruling on in limine and Rule 35 motion impacts fairness | Rulings final on other issues; court should rule promptly on Rule 35 | Appeal permits court to address remaining issues; disposition affirmed; Rule 35 pending not reversible |
Key Cases Cited
- State v. Maynard, 183 W. Va. 1, 393 S.E.2d 221 (1990) (hearsay admissible only for non-truth purposes or with exceptions; may be harmless error)
- State v. Phelps, 197 W. Va. 713, 478 S.E.2d 563 (1996) (police testimony based on information from others to explain conduct not hearsay)
- State v. Ladd, 210 W. Va. 413, 557 S.E.2d 820 (2001) (confrontation vs. hearsay objections; standard of review for evidentiary rulings)
- State v. Nichols, 208 W. Va. 432, 541 S.E.2d 310 (1999) (limitations on lay opinion; Rule 701)