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Stodghill v. State2/3/2004
r or not a viable alternative exists is that familiar standard of how a reasonably prudent man would act under the same set of circumstances.
. It would certainly appear that Stodghill met the requirements of the necessity defense. As we understand the trial court's comments, there does not appear to have been any question of the actual severity of Kenny's illness. However, given the extremely limited fact-finding made by the lower court, we are hesitant to enter a final decision in this matter. Instead, we remand to the trial court for further findings of fact based upon the existing record and consistent with the legal standards discussed in this opinion.
. We wish to clarify that each claim of necessity is to be determined from the unique set of facts of a case. Here, where a sudden violent illness manifests itself in a secluded, rural location, attempts to summon help were fruitless and time was clearly of the essence, Stodghill's decision to drive after drinking may be excused as necessary. Under other circumstances, it would not, particularly if the results of the decision were to cause significantly more damage than it was intended to remedy.
. THE JUDGMENT OF THE AMITE COUNTY CIRCUIT COURT IS REVERSED AND REMANDED FOR PROCEEDINGS CONSISTENT WITH THIS OPINION. COSTS OF THIS APPEAL ARE ASSESSED TO AMITE COUNTY.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, LEE, IRVING, CHANDLER AND GRIFFIS, JJ., CONCUR. MYERS, J., DISSENTS WITH SEPARATE WRITTEN OPINION.
MYERS, J., DISSENTING:
. The majority finds that the case sub judice requires reversal for two reasons. First, because the trial court applied the incorrect legal standard with respect to the defense of necessity. Second, because the trial court erred in determining that Stodghill had other adequate alternatives. I see no basis for refusing to affirm the trial court's decision. As a result, I respectfully dissent.
. The majority finds the trial court erred in not applying an objective standard of reasonableness. I disagree. At the post-trial hearing, it was Stodghill's counsel that argued for a subjective legal standard of reasonableness. Only in response to Stodghill's argument did the trial judge then state the following: "I think it goes a little further than just the state of the mind of the individual because clearly that would be subject to quite an amount of abuse and some other factors that go into that." I interpret this evidence to mean that the trial court did, in fact, apply an objective standard of reasonableness. In other words, Stodghill argued for a subjective standard of reasonableness which the trial court ultimately rejected.
. The majority also finds that the trial court erred in determining that Stodghill had alternatives without finding "exactly, or even generally, what alternatives were available and whether or not they were adequate under the circumstances." I disagree. The trial court specifically ruled that Stodghill had failed to prove that personally driving Kenny the entire distance from the hunting camp to the hospital was the only adequate alternative. The trial court noted that other alternatives existed that proved to be more reasonable than Stodghill's decision. In support of this, the court noted that Stodghill's daughter placed a call with 911 and the dispatcher confirmed their location. In addition, Stodghill's counsel admitted that "objectively there may have been a closer place that [Stodghill] could have taken [Kenny], but the case law says that it's what [Stodghill] reasonably believes." I find no error. As a result, I would affirm the trial court's conviction.
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