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State v. Sheehan12/6/2005
line across the southbound lane and off the pavement. In other words, he determined that the driver had missed the curve and driven straight off the west side of the road. The vehicle then had gone down a slope and through some brush and trees, finally coming to rest in a slough. Deputy Hofer was not able to ascertain the speed of the vehicle, but he noted that there were no skid marks or evidence of braking. On the passenger's side of the vehicle, he found a .22 caliber rifle, which contained one spent cartridge. He found no alcoholic beverages in the vehicle or in the vicinity of the vehicle.
On March 11, 2003, Sheehan was cited with DUI, in violation of § 61-8-401, MCA (2003), to which he entered a plea of not guilty. In light of Sheehan's statements to Officer Arnson that he had been driving, and because his vehicle had been found just off Highway 16, the primary issue at trial was whether Sheehan had been "under the influence" of alcohol or drugs at the time he had been driving. Section 61-8-401(1)(a) and (3), MCA (2003).
On this issue, the defense, which did not call any witnesses, sought to establish that Sheehan's conduct on the night of February 20 was attributable to factors other than alcohol. Counsel elicited testimony from Nurse O'Connor that Sheehan could have gone into shock after shooting himself. She explained that " f you've lost a lot of blood it can alter your consciousness" and that shock can also affect your mental reasoning. In addition, counsel inquired during cross-examination of Deputy Hofer whether it appeared the driver of the vehicle had intentionally driven off the road, suggesting that Sheehan may have been suicidal or otherwise mentally impaired.
Pursuant to this effort, the defense also attempted to elicit testimony from Nurse O'Connor that Sheehan had received a psychiatric evaluation after leaving the hospital. Specifically, counsel cross-examined O'Connor as follows:
Q: Do you know what happened to Mr. Sheehan after he left ICU?
A: He was put out in a room on the floor.
Q: Do you know what happened to him after he was released?
A: From the hospital?
Q: Right.
A: No.
The State objected to this last question, leading to an argument in chambers. Although the transcript reflects that O'Connor answered "No" to defense counsel's question, this answer was apparently not noticed by counsel, the prosecutor, or the court.
In support of his objection, the prosecutor indicated that O'Connor's answer to defense counsel's question "is going to be that [Sheehan] went to a psychiatric facility" for examination after he was released from the hospital, which would "be suggestive of mental health problems." He argued that evidence of whether or not Sheehan suffered from a mental disease or defect was irrelevant since there is no mental state element in the charge of driving while under the influence of alcohol, and that the jury could be confused or misled by the information.
In response, defense counsel conceded that state of mind is not an element of the crime and clarified that he was not pursuing the defense of mental disease or defect, but offered that "I don't see any harm by allowing me to question the witness. If she doesn't know what happened to Mr. Sheehan, then fine. I think it's an area that I can ask if she has, if she has an answer." On the question of relevance, defense counsel argued that evidence of Sheehan's having been sent to a psychiatric facility for evaluation was another possible explanation for his behavior on the night in question. In other words, Sheehan's behavior might have been attributable to symp
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