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Crime Laboratory v. Blenden6/24/1999
DATE OF JUDGMENT: 10/28/96
TRIAL JUDGE: HON. JOHN H. WHITFIELD
COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
DISPOSITION: AFFIRMED - 6/24/1999
EN BANC.
FOR THE COURT:
.We have for review the imposition of monetary sanctions against the State and a political subdivision for a discovery violation which necessitated a mistrial in a criminal case and is the occasion for the defendant's double jeopardy claim. We conclude that the record was sufficient to support the trial court's determination that the State committed discovery violations and that the trial court's imposition of sanctions did not violate the separation of powers doctrine. We also find that the retrial did not subject the defendant to double jeopardy. Accordingly, we affirm the defendant's conviction, and we affirm the trial court's judgment imposing monetary sanctions.
I.
.On June 23, 1995, Brandon C. Blenden ("Brandon") was indicted on charges of felony DUI resulting in the death of a child. A sample of Brandon's blood was taken shortly after the accident. The Mississippi Crime Laboratory's toxicology department (the "Crime Lab") tested the blood sample in order to determine its blood-alcohol content. The test involved the use of a Gas Chromatograph machine. In utilizing this machine the Crime Lab purchases "known standards," which are solutions of known concentrations of alcohol, ranging in concentrations from .05% to .40%. These known solutions are to be used to calibrate the Chromatograph machine and each time an analysis is performed, to ensure the machine is operating properly. Prior to trial the defense filed various motions requesting discovery regarding the operation, calibration and/or repair history of the machine used to measure the blood-alcohol content of Brandon's blood.
.The first trial commenced on June 24, 1996. During the trial Sam Howell ("Howell"), the forensic toxicologist who supervised the Crime Lab's Toxicology Department, was called to testify as to Brandon's blood-alcohol content at the time the blood sample was taken. Howell stated that the "known standards" used to calibrate the machine were checked against "known standards" of the same concentration, but which were purchased from different suppliers. Howell also testified that, while he had analyzed the results of the test, Archie Meashan Hales ("Hales"), a technician in the Toxicology Department, actually sampled the blood and placed it in the machine. Howell was not present when Hales sampled Brandon's blood. Rather, Howell analyzed the results after the tests were run by Hales.
.Based on Howell's testimony the defense claimed that the prosecution had committed discovery violations and moved for a mistrial. The defense alleged that prior to trial the prosecution had disclosed the name of only one supplier of the "known standard"and had failed to disclose the names of the other two suppliers or the fact that the "known standards" were compared to determine if they were accurate. The defense also claimed that it was entitled to a mistrial because the prosecution's failure to reveal that Hales did the actual sampling of the blood and ran the Chromatograph machine, violated Brandon's right to confrontation. This motion for a mistrial was overruled by the trial court.
.Next the defense moved to have the State reopen its case and put Hales on the witness stand so that Brandon could confront and cross-examine him as to the blood tests he performed. The defense also moved to strike the testimony of Howell regarding the results of the blood tests on the grounds t
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