189 So. 3d 401
La. Ct. App.2015Background
- Defendant Mark Joseph Reader was charged with third-offense DWI (La. R.S. 14:98) after a June 15, 2011 crash; he stipulated to two prior DWI convictions (2002, 2006).
- On the day of the crash Reader had taken prescribed carisoprodol (Soma) that morning; he reported feeling "woozy" while driving, struck curbs, and rendered his vehicle inoperable.
- Deputy Navo observed slurred speech, unsteady gait, confusion, and no odor of alcohol; Reader performed poorly on standardized field sobriety tests (11 of 12 indicators).
- Reader consented to blood testing; forensic testing showed carisoprodol and metabolite meprobamate with a combined level of 22.4 µg/mL (expert testified >10 µg/mL associated with significant impairment).
- A jury convicted Reader on April 23, 2014; he was sentenced to two years at hard labor (first year without benefits), fine suspended, and appealed claiming juror-bias error and insufficiency of evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to prove intoxication by controlled substance | The State: observations of impairment, failed field tests, and toxicology showing carisoprodol/meprobamate >10 µg/mL prove impairment while operating vehicle | Reader: alternative innocent hypothesis — he lost control while avoiding an aggressive driver; evidence did not exclude this hypothesis | Affirmed: viewing evidence in light most favorable to prosecution, jury could find guilt beyond a reasonable doubt; circumstantial evidence satisfied statutory and Jackson standards |
| Denial of challenge for cause to prospective juror (Ashley Zito) | The State: voir dire showed juror could be fair; later the State successfully moved to strike her for cause | Reader: Zito’s friendship with ADA’s family would prevent impartiality and should have been excused for cause; appellate relief if challenge wrongly denied and peremptory strikes exhausted | No reversible error: Zito ultimately was struck for cause by the State so defense suffered no prejudice; broad trial-court discretion upheld |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (constitutional standard for sufficiency review)
- State v. Hearold, 603 So.2d 731 (La. 1992) (standards for appellate sufficiency review)
- State v. Neal, 796 So.2d 649 (La. 2001) (application of Jackson standard in Louisiana)
- State v. Richoux, 714 So.2d 241 (La.App. 5 Cir.) (failure to pass field sobriety tests can support DWI conviction)
- State v. Delanueville, 90 So.3d 15 (La.App. 5 Cir.) (definition of intoxication and observable signs)
- State v. Caffrey, 15 So.3d 198 (La.App. 5 Cir.) (deference to factfinder on credibility and evidence weighing)