 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Redmond v. State11/8/2000
aimed he could not recall the accident. Redmond testified she did not sustain all of the injuries reflected in the medical records. She also raised the possibility that the records were not hers, because the name listed is Kathy Redman, not Cathy Redmond. Her date of birth is 11-1-62. The medical records list her age as 62 in one place and her date of birth as 1-1-00 in another. The accident occurred November 4, 1995; the medical records reflect the patient was treated from November 5 through 13 of 1995. Viewing all of the evidence impartially, we cannot conclude the evidence supporting the verdict is so weak, or the evidence preponderating against a verdict of guilt so overwhelming, that a verdict of guilty would be clearly wrong and unjust. Issue two is overruled.
Issue three asks, "Did the trial court err in failing to grant appellant's motion to suppress an unwarned custodial statement?" Holleway had not yet received any information from the other people involved in the accident when he entered the ambulance. Redmond was in the ambulance, wearing a cervical collar and an oxygen mask. Trooper Holleway asked her what happened, then asked her if she had been driving. The paramedic moved her oxygen mask so she could respond, and Holloway noted incoherent speech and odor indicative of intoxication. At that time, Redmond was not in his custody, nor was she under arrest. She was, however, strapped to a gurney and her legs were broken, so she was not in a position to walk away from the encounter. Holleway left the ambulance. At that point Redmond became a suspect. When Redmond's toxicology report indicated a blood alcohol level of 0.168, Holleway obtained a warrant for her arrest.
The appellant argues her admission that she was driving was a custodial statement suppressable for failure to comply with Article 38.22. See Tex. Code Crim. Proc. Ann. art. 38.22, § 3 (Vernon Pamph. 2000). The determination of custody must be made on a case-by-case basis after considering all of the objective circumstances. Dowthitt v. State, 931 S.W.2d 244, 255 (Tex. Crim. App. 1996). A person is in custody only if, under the circumstances, a reasonable person would believe that her freedom of movement was restrained to the degree associated with a formal arrest. Stansbury v. California, 511 U.S. 318, 322, 114 S.Ct. 1526, 1528-30, 128 L.Ed.2d 293, 298-99 (1994). Relevant factors in determining whether a person was in custody at the time a statement is taken include whether there was at that time probable cause to make an arrest, whether the suspect was the focus of the investigation, and the objective manifestations of the officer's subjective belief. Dowthitt, 931 S.W.2d at 254. At least four general situations may constitute custody: (1) when the suspect is physically deprived of her freedom of action in any significant way, (2) when a law enforcement officer tells the suspect that she cannot leave, (3) when law enforcement officers create a situation that would lead a reasonable person to believe that her freedom of movement has been significantly restricted, and (4) when there is probable cause to arrest and law enforcement officers do not tell the suspect that she is free to leave. Id. at 255. The restriction upon freedom of movement must amount to the degree associated with an arrest as opposed to an investigative detention. Id.
In this case, the physical restrictions upon Redmond's movement were due to her injuries and medical treatment, and were not attributable to the actions of the persons investigating the accident. There is no indication the investigation focused on her before she made the statement. Trooper Holleway had not yet developed probable cause to arrest Redmond, and there is no indication sh
Page 1 2 3 4 5 6 Texas DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|