Tackett v. State
2017 Ark. App. 271
| Ark. Ct. App. | 2017Background
- At ~4:30 a.m. on May 12, 2013, Arkansas State Trooper found Tackett asleep/unresponsive behind the wheel of his car with engine running on a highway on-ramp; he smelled of alcohol and showed signs of intoxication. Tackett admitted drinking vodka and taking hydrocodone but claimed no memory of driving.
- Tackett was charged with first-offense DWI (among other offenses he did not appeal). At bench trial the defense moved to dismiss, arguing Leeka v. State required proof of a culpable mental state for a 2013 DWI.
- The State argued the legislature amended the DWI statute in 2015 to make DWI a strict-liability offense, but alternatively argued Tackett acted recklessly.
- The trial court delayed ruling to receive briefs, then ruled the State was not required to prove a culpable mental state and found Tackett guilty; at sentencing the court alternatively found Tackett acted recklessly in drinking and driving.
- On appeal Tackett argued the trial court erred in refusing to apply Leeka to require proof of a culpable mental state for his 2013 offense. The Court of Appeals affirmed, relying on the trial court’s alternative finding of recklessness.
Issues
| Issue | Plaintiff's Argument (Tackett) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether proof of a culpable mental state was required to convict for 2013 DWI | Leeka requires proof of a culpable mental state (purposely, knowingly, or recklessly) for 2013 DWI | Legislature made DWI strict-liability in 2015; alternatively State proved recklessness here | Court need not resolve statutory retroactivity; affirmed because trial court found recklessness as an independent ground |
| Whether Tackett’s lack of memory negates recklessness | Lack of memory means he could not have been aware of driving, so no culpable mental state | Consuming alcohol and prescription medication before driving supports a finding of reckless conduct | Court accepted trial court’s factual finding that Tackett acted recklessly; upheld conviction |
Key Cases Cited
- Leeka v. State, 461 S.W.3d 331 (Ark. 2015) (interpreting 2013 DWI statute to require a culpable mental state absent legislative change)
- Pugh v. State, 89 S.W.3d 909 (Ark. 2002) (appellate rule: unchallenged alternative independent grounds for a ruling require affirmance)
- Pearrow v. Feagin, 778 S.W.2d 941 (Ark. 1989) (same principle regarding alternative grounds for affirmance)