Gilpatrick v. State
| Docket Number: | 2007-KA-00614-SCT Linked Case(s): 2007-KP-00614-SCT ; 2007-KA-00614-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 08-07-2008 Opinion Author: DICKINSON, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: DUI - Expert witness - Sufficiency of evidence Judge(s) Concurring: SMITH, C.J., WALLER AND DIAZ, P.JJ., EASLEY, CARLSON, GRAVES, RANDOLPH AND LAMAR, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 10-17-2006 Appealed from: RANKIN COUNTY CIRCUIT COURT Judge: William E. Chapman, III Disposition: Count I: Conviction of Driving under the Influence of Alcohol and negligently causing mutilation and Sentence of Twenty-Five (25) Years in the custody of the Mississippi Department of Corrections. Count II: Conviction of Driving under the Influence of Alcohol and negligently causing mutilation and Sentence of Twenty-Five (25) Years in the custody of the Mississippi Department of Corrections. Count III: Conviction of Driving under the Influence of Alcohol and negligently causing mutilation and Sentence of Twenty-Five (25) Years in the custody of the Mississippi Department of Corrections. District Attorney: Michael Guest Case Number: 17,526 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | WAYNE GILPATRICK |
LANCE O’NEAL MIXON,
VICTOR W. CARMODY, JR. |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LADONNA C. HOLLAND | ||
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| Topic: | DUI - Expert witness - Sufficiency of evidence |
| Summary of the Facts: | Wayne Gilpatrick was convicted of three counts of driving under the influence of alcohol and negligently causing mutilation. He was sentenced to twenty-five years’ imprisonment on each count, with each sentence to run concurrently. He appeals. |
| Summary of Opinion Analysis: | A witness was tendered and accepted by the court as an expert in toxicology specializing in “alcohol and toxicology.” Gilpatrick argues that the trial court abused its discretion by allowing the witness to testify concerning retrograde extrapolation because his opinions were not based on scientifically reliable methods but rather, on mere assumptions and speculation. Because the expert did not offer an opinion as to Gilpatrick’s blood alcohol content at the time of the accident, the assignment of error related to retrograde extrapolation is without merit. In support of Gilpatrick’s conviction, the State established that Gilpatrick consumed alcohol prior to the wreck and was drinking at the time of the wreck. In addition, Gilpatrick swerved and crossed the center line immediately prior to the wreck. Several witnesses testified to the presence of alcohol, including beer cans and a partially consumed bottle of vodka in Gilpatrick’s vehicle and the inside of his vehicle smelled of alcohol. Finally, four hours after the wreck, Gilpatrick’s blood alcohol content was .07%. These factors were sufficient for the jury to find Gilpatrick guilty of DUI beyond a reasonable doubt. |
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