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Millican v. State10/19/2005
Procedural Background
In April of 2000, a Davidson County jury found the Appellant guilty of vehicular homicide and driving on a revoked license. During the second phase of a bifurcated trial, the jury enhanced the Appellant's vehicular homicide conviction to aggravated vehicular homicide based on his prior conviction for driving under the influence of an intoxicant and having a blood alcohol level of .20% or more at the time of the offense at issue in this case. See Tenn. Code Ann. § 39-13- 218(a)(3)(A) (2003). The trial court imposed a twenty-five year sentence for aggravated vehicular homicide to be served concurrently with a six month sentence for driving on a revoked license. On direct appeal, the Appellant's conviction and sentence for aggravated vehicular homicide were affirmed. State v. Jimmy M. Millican, No. M2000-02298- CCA-R3-CD (Tenn. Crim. App. at Nashville, Jan. 31, 2002).
The relevant facts, as summarized by this court on direct appeal, established:
According to the state's proof, on the evening of March 3, 1999, a van driven by the severely inebriated defendant crashed into victim Alex Haught's car at the intersection of 20th Avenue and West End Avenue in Nashville and then plowed into Amerigo's Restaurant. Haught died shortly after the accident.
Kym Murphy, a business executive visiting in Nashville, was walking on West End toward Amerigo's Restaurant. As he prepared to cross the street at the intersection, he heard a vehicle accelerate. He testified he believed the van was traveling on 20th Avenue, and further testified the van was traveling at a high rate of speed as it approached the intersection. He stated Haught's car was traveling on West End toward the intersection. Murphy testified he was positive Haught's car had the green light. He said he saw the van cross through the intersection, swerve slightly, and strike the car on the driver's side before the van ricocheted toward the restaurant. Murphy testified he did not see anyone flee the van, and he saw the valet and others approach the van. Murphy stated he first went to assist the victim. After the paramedics arrived, he walked past the van where he observed the defendant sitting in the driver's seat, leaning forward.
Patrick Winningham, the valet at Amerigo's Restaurant, testified he was standing outside the restaurant when he heard a loud crash and saw the vehicles collide. . . . Winningham testified he opened the van's passenger door and saw two Caucasian men inside the van. He stated the van's other doors were not open at that time. According to Winningham, the defendant was in the driver's seat, leaned over the van's console, with his feet underneath the steering wheel. . . . Winningham denied seeing a third person running from the scene.
David Conn, regional manager for Amerigo's Restaurant, testified he was standing near the front door of the restaurant when he heard a loud explosion. Conn said he was outside the restaurant in less than a minute, where he was one of the first people to reach the van. Conn said a liquor bottle fell out of the van when the passenger door was opened. He saw two Caucasian men inside of the van; the defendant, who was in the area of the driver's seat, and the passenger, who was bleeding from the forehead. He testified that a short time later, an apparently "homeless" African American man approached the van from the rear. Conn said the man may have been trying to get in the van, but disappeared after someone asked him to step away. The man did not appear to have been injured.
Michael Parish was eating at Amerigo's Restaurant when he heard a crash and then heard heavy plate glass breaking. He immediately aro
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