Opinion

State of Tennessee v. Tara D. Allen

Court
Court of Criminal Appeals of Tennessee
Filed
Aug 5, 2024
Status
Published
On the bench
Judge J. Ross Dyer
Cited by
0 cases
Authority
More cited than 30.4%

The opinion

08/05/2024

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE

July 16, 2024 Session

STATE OF TENNESSEE v. TARA D. ALLEN

Appeal from the Circuit Court for Cheatham County

No. 18491 Larry J. Wallace, Judge

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No. M2023-00868-CCA-R3-CD

___________________________________

The defendant, Tara Allen, was found guilty by a Cheatham County jury of vehicular

homicide by intoxication and possession of drug paraphernalia. The trial court imposed an

effective ten-year sentence. On appeal, the defendant contends the trial court erred in

denying her motion to suppress evidence obtained from a warrantless blood draw. The

defendant also argues the evidence presented at trial was insufficient to support her

conviction of possession of drug paraphernalia. Following our review, the parties’ briefs,

and oral arguments, we affirm the defendant’s convictions.

Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Circuit Court are Affirmed

J. ROSS DYER, J., delivered the opinion of the court, in which ROBERT H. MONTGOMERY,

JR., and JILL BARTEE AYERS, JJ., joined.

M. Todd Ridley, Assistant Public Defender, Tennessee District Public Defenders

Conference, Franklin, Tennessee, (on appeal) and Rob McKinney, Nashville, Tennessee,

(at trial) for the appellant, Tara Dawn Allen.

Jonathan Skrmetti, Attorney General and Reporter; Abigail H. Rinard, Assistant Attorney

General; Ray Crouch, Jr., District Attorney General; and Jack Arnold and Margaret Sagi,

Assistant District Attorneys General, for the appellee, State of Tennessee.

OPINION

The defendant, Tara Allen, was indicted in a two-count indictment by a Cheatham

County grand jury for vehicular homicide by intoxication and possession of drug

paraphernalia. The defendant filed a motion to suppress evidence seized from a warrantless

blood draw. Following a hearing, the trial court denied the defendant’s motion to suppress.

At trial, the defendant was convicted as charged for which she received an effective ten-

year sentence. In this appeal as of right, the defendant contends that: 1) the trial court erred

by denying defendant’s motion to suppress; and 2) the evidence was insufficient to sustain

her conviction of possession of drug paraphernalia. Having reviewed the record, briefs of

the parties, and oral arguments, we conclude the trial court erred in denying the defendant’s

motion to suppress the results of the warrantless blood draw; however, the error was

harmless. Additionally, we conclude the evidence was sufficient to sustain a conviction

for possession of drug paraphernalia.

Facts and Procedural History

On November 25, 2017, the defendant, driving at a speed approximately twice the

speed limit, crossed the center line and struck Cynthia Heine’s vehicle. Ms. Heine was

ejected from her vehicle and died at the scene.

I. Motion to Suppress Evidence from Warrantless Blood Draw

In December 2018, the defendant moved to suppress the results of a warrantless

blood draw taken in the hospital after the crash. The defendant asserted that the blood draw

violated her constitutional right against unreasonable searches and seizures. See U.S. const.

amend. IV; Tenn. const. art. 1, § 7. The defendant argued she had no memory of giving

her consent to the blood draw, and any consent she may have given was invalid because

she lacked the requisite mental capacity. The defendant relied on the following facts to

establish she did not have the mental capacity to voluntarily consent to the blood draw: (1)

she had been administered fentanyl by the hospital prior to giving verbal consent, (2) she

had suffered head injuries related to the car accident, and (3) her speech was described by

the law enforcement officer as “mumbled and incoherent.” The State submitted that the

defendant gave repeated verbal consent to the blood draw and that her consent was

knowing and voluntary.

On September 7, 2021, the trial court held a hearing on the motion.1

The State called Lieutenant Kevin Smith of the Tennessee Highway Patrol (“THP”)

to testify. Lt. Smith stated that on November 25, 2017, he was dispatched to Skyline

Medical Center to speak with a driver involved in a fatality crash “to determine if there

1

The hearing on the defendant’s motion to suppress was combined with a separate motion to

suppress evidence of a second blood draw that occurred at approximately the same time as the one at issue

here. The second blood draw was taken for medical purposes, and the sample was seized pursuant to a valid

search warrant. The trial court denied the motion to suppress the second blood draw, and the defendant has

not appealed that decision. Therefore, we will not address the facts and procedural history related to the

second blood draw.

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was any impairment.” Prior to arriving at Skyline, Lt. Smith spoke with Tennessee State

Trooper Jeff Barber, one of the officers on-scene at the crash site. Trooper Barber relayed

that he “observed an odor of alcohol” while the defendant was being treated in the

ambulance.

When Lt. Smith arrived at Skyline, the defendant was undergoing imagery to

determine her injuries. After the defendant returned to her room, she was immobilized in

a neck brace. Lt. Smith attempted to interview her to “understand the situation that had

unfolded that day.” However, Lt. Smith testified that the defendant’s speech was

“indiscernible” and “mumbling.” After briefly exiting the room to speak with an assistant

district attorney by telephone, Lt. Smith, again, attempted to speak with the defendant.

However, “nothing identifiable came out of that.” Lt. Smith stepped out of the room again.

Lt. Smith testified he was out of the room for approximately 15 to 20 minutes while on the

telephone with another assistant district attorney. During this time, Lt. Smith observed a

phlebotomist enter the defendant’s room.

While, upon re-entering the room, Lt. Smith heard the defendant identify herself to

a nurse, the defendant remained nonresponsive to his questions concerning the crash. Lt.

Smith stated that the defendant “pretty much kind of ignored me at that point.” Despite

the defendant’s lack of communication and interaction with Lt. Smith, he asked the

defendant, “if she would consent to a blood draw for legal purposes.” Lt. Smith testified

that the defendant answered “yes.” In order to have a witness, Lt. Smith asked a nurse to

join him in the defendant’s room. Lt. Smith repeated his request to perform a blood draw

“for legal purposes.” Lt. Smith testified that the defendant said “yes” a second time and

shook her head in the affirmative. The nurse also asked the defendant if she consented to

a blood draw, and the defendant said “yes.” Accordingly, the nurse performed the blood

draw and gave two vials of the defendant’s blood to Lt. Smith.

Lt. Smith testified that during this encounter, the defendant was not under arrest or

handcuffed and described their exchange as “cordial.” While Lt. Smith testified that he

did not administer any assessment to determine if the defendant was competent, he stated

that he had “no doubt that the defendant understood him” because “she was speaking” to

him. Lt. Smith also testified that he did not advise the defendant of her right to refuse the

blood draw and did not seek the defendant’s signature on an Implied Consent Form due to

her immobilization in the neck brace. Lt. Smith also acknowledged that he was aware the

defendant had been administered fentanyl and described fentanyl as a “powerful” drug.

The defendant testified that when she awoke three days after the collision, she had

no memory of what had happened or of speaking with a law enforcement officer. She

testified that she had been advised by a neurologist that she could not recover the memory

because she “received a front lobe concussion.” The defendant conceded that on three

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occasions, prior to the collision, she had refused consent to a blood test or breathalyzer,

and thus, she did understand that she had the right to refuse the blood draw.

After taking the motion under consideration, the trial court issued a written order

denying the defendant’s motion to suppress. In the order, the trial court found that the

defendant “gave consent for the blood draw three different times and was essentially

coherent during those times.” (emphasis added). The trial court also found “there was no

evidence present[ed] that there was any coercive conduct on the part of law enforcement .

. . the defendant was not restrained, under arrest or in custody.” Additionally, the trial court

noted that “intoxication will not in itself void a valid consent.”

II. Trial

At trial, the evidence established that around 3:00 pm on November 25, 2017,

Cynthia Heine was driving along Triangle Road to meet her daughter. Ms. Heine was

traveling at a very low speed and was not wearing a seatbelt. Melanie Vuocolo, driving

the same road, heard a “big boom” before coming upon the accident scene. Ms. Vuocolo

placed a call to 911 and attempted to administer aid to the drivers of the vehicles. She

testified that the defendant “was moving, so I knew she was alive. So, I went to the other

lady who wasn’t.” Sandra Cowan, from the front yard of her residence, heard a “huge pop”

and saw “something turned upside down.” When she approached the vehicles, Ms. Cowan

attempted to assist the defendant, “looking to stabilize if there was any neck injury or

anything like that.” Ms. Cowan testified that when she was with the defendant, she did not

smell alcohol.

While being treated in the ambulance, the defendant was observed by two THP

officers, Trooper Corey Brock and Sergeant Jeff Barber. Trooper Brock heard the

defendant making noises of “pain and agony,” as well as noticed a pungent, stale order of

alcohol emanating from the back of the ambulance. Sgt. Barber attempted to speak with

the defendant, but “communication was unsuccessful,” and “[s]he was incoherent,

babbling, muttering.” Sgt. Barber also testified that he smelled a pungent odor from the

ambulance that was “possibly [an] alcoholic beverage.”

Lieutenant Kevin Smith also testified at trial. His testimony was largely consistent

with the testimony he offered during the hearing on the defendant’s motion to suppress. In

addition to his testimony described above, Lt. Smith also stated that he did not tell the

defendant her blood was going to be searched, but only that it was for “legal reasons.” Lt.

Smith also wrote in his notes that at the time the defendant consented to the blood draw,

she had been administered 15 micrograms of fentanyl.

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After Lt. Smith received the blood drawn pursuant to his request for consent, he

sought a search warrant for a separate blood draw, one previously performed by the hospital

for medical purposes. Once the search warrant was granted, Lt. Smith seized the blood

drawn for medical purposes and delivered the samples from both blood draws to the

Tennessee Bureau of Investigation’s (“TBI”) Crime Lab for analysis.

The blood samples taken from the defendant during both blood draws were analyzed

for alcohol content by Agent Sarah Douglass, an expert in forensic toxicology and blood

alcohol analysis with the TBI’s Nashville Crime Lab. Agent Douglass testified that the

defendant’s blood alcohol content was above the legal limit. Specifically, the blood alcohol

content of the sample from the warrantless blood draw was 0.143 gram percent ethyl

alcohol, and the blood alcohol content of the medical blood draw was 0.156 gram percent.

Agent Douglass also testified that the legal limit in Tennessee is 0.08 gram percent and that

generally, the effect of the alcohol in the human body would lengthen reaction time and

decrease inhibitions, leading to riskier decisions.

The defendant’s blood samples were also analyzed for drug toxicology by Agent

Matthew Buck, a forensic scientist with the TBI. Agent Buck’s analysis of the warrantless

blood draw revealed that Delta-9 tetrahydrocannabinol (THC) and morphine were present

in the defendant’s blood.2 Agent Buck testified that morphine depresses the activity of the

central nervous system creating a slower reaction time and a decrease in critical thinking

skills. He also testified that THC and morphine are psychoactive substances that can alter

perception of time and distance.

As part of the investigation of the collision, Trooper Brock initiated a search of the

defendant’s 2000 Chevy Malibu to find her driver’s license. During the search, Trooper

Brock discovered a credit card holder. Inside the credit card holder was a red drinking

straw that had been cut into three pieces. Trooper Brock testified that in his experience,

the straw was “indicative of narcotic use” to ingest drugs nasally, but he did not have the

straws tested for drugs or for the defendant’s DNA.

Rickey Alexander, a trooper with the THP’s Critical Incident Response Team,

testified as to his search and investigation of both vehicles. Pursuant to a search warrant,

Trooper Alexander discovered two pill bottles, the fragmented straw, a razor blade, and a

small container inside the defendant’s vehicle. One pill bottle contained oxymorphone, an

opiate, prescribed to Michael Griggs, and the second contained Gabapentin, prescribed to

the defendant. Trooper Alexander testified that, in his experience, the cut drinking straw

was “commonly used in the capacity to inhale powdery pills, substances and so forth,”

2

Agent Buck testified that the sample provided pursuant to the medical blood draw did not have a

sufficient quantity for testing for drug toxicology.

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razor blades were used “to scrape and line up certain powders,” and the small container

had an object inside that was “likely to be used to crush another object like a pill,” similar

to a mortar and pestle. Trooper Alexander did not have the objects tested for residue.

Trooper Alexander also testified as an expert in crash reconstruction. Pursuant to

his examination of the air bag control modules of both vehicles, he concluded that at the

time of the collision, the defendant’s vehicle had been traveling at approximately twice the

legal speed limit, while Ms. Heines had been driving at a low speed.

Lastly, the State called Dr. Feng Li, Chief Medical Examiner for Metropolitan

Nashville and Davidson County. Dr. Li performed an autopsy of Ms. Heines to determine

the cause of death and concluded that she died as a result of multiple blunt force injuries.

Even though Ms. Heines was not wearing her seatbelt at the time of the accident, Dr. Li

stated that his experience is that “when people are involved in motor vehicle accidents,

some people wear seatbelts and still die and some people don’t wear seatbelts and they

die.”

The defendant chose not to offer proof at trial. After reviewing all the evidence, the

jury found the defendant guilty of vehicular homicide by intoxication and possession of

drug paraphernalia. After a sentencing hearing, the trial court imposed an effective ten-

year sentence. The defendant filed a motion for a new trial which the trial court denied,

and this timely appeal followed.

Analysis

On appeal, the defendant contends the trial court erred in denying her motion to

suppress the blood test results from the warrantless blood draw. Specifically, the defendant

argues that because of her extensive injuries and mental impairment, her consent to the

blood draw was invalid and that the resulting evidence should have been suppressed. The

defendant also contends that the State failed to present sufficient evidence at trial that the

items found in the defendant’s vehicle were drug paraphernalia. The State submits that the

trial court properly concluded that the State had carried its burden of establishing voluntary

consent and that the evidence presented at trial was sufficient to sustain the defendant’s

conviction of possession of drug paraphernalia. We conclude that the trial court erred in

denying the defendant’s motion to suppress, but that the error was harmless. Additionally,

we conclude the evidence was sufficient to establish a conviction of possession of drug

paraphernalia. Therefore, we affirm the defendant’s convictions.

I. Trial Court’s Denial of the Motion to Suppress

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A trial court’s findings of fact at a suppression hearing are binding on an appellate

court unless the evidence preponderates against them. State v. Bell, 429 S.W.3d 524, 528

(Tenn. 2014). “The credibility of the witnesses, the weight and value of the evidence, and

the resolution of conflicts in the evidence are matters entrusted to the trial court as the trier

of fact.” Id. at 529 (citing State v. Echols, 382 S.W.3d 266, 277 (Tenn. 2012)). “The

prevailing party in the trial court is entitled to the strongest legitimate view of the evidence

adduced at the suppression hearing as well as all reasonable and legitimate inferences that

may be drawn from that evidence.” State v. Odom, 928 S.W.2d 18, 23 (Tenn. 1996).

However, this court reviews the trial court’s application of the law to the facts de novo with

no presumption of correctness. See State v. Montgomery, 462 S.W.3d 482, 486 (Tenn.

2015) (citing State v. Walton, 41 S.W.3d 75, 81 (Tenn. 2001)). “Further, appellate courts,

when evaluating the correctness of the ruling by the trial court on a motion to suppress,

may consider the entire record, including not only the proof offered at the hearing, but also

the evidence adduced at trial.” State v. Williams, 368 S.W.3d 468, 473 (Tenn. 2012).

Both the Fourth Amendment to the United States Constitution and article I, section

7 of the Tennessee Constitution provide protections from unreasonable searches and

seizures. U.S. const. amend. IV; Tenn. const. art. 1, § 7. It is well established that Article

1, section 7 is identical in intent and purpose to the Fourth Amendment. State v. Reynolds,

504 S.W.3d 283, 312-13 (Tenn. 2016); State v. Binette, 33 S.W.3d 215, 218 (Tenn. 2000).

The collection of a blood sample is a search and seizure subject to constitutional

limitations. See Skinner v. R. Labor Executives’ Assn., 489 U.S. 602, 616 (1989); State v.

Scarborough, 201 S.W.3d 607, 616 (Tenn. 2006). “An accused’s blood cannot be taken

or analyzed unless the search is reasonable pursuant to the Fourth Amendment.” State v.

Henry, 539 S.W.3d 223, 234 (Tenn. Crim. App. 2017) (citing Birchfield v. North Dakota,

579 U.S. 438, 455 (2016)). “[T]he physical intrusion occasioned by a blood draw

‘infringes an expectation of privacy’ and “‘[t]he ensuing chemical analysis of the sample .

. . is a further invasion of the tested [individual’s] privacy interests.’”” Scarborough, 201

S.W.3d at 616 (quoting Skinner, 489 U.S. at 616).

Generally, a warrantless search is considered presumptively unreasonable, and thus,

violative of constitutional protections. See State v. Walker, 12 S.W.3d 460, 467 (Tenn.

2000). However, “one of the exceptions to the warrant requirement is a search conducted

pursuant to consent.” State v. Bartram, 925 S.W.2d 227, 230 (Tenn. 1996) (citing

Schneckloth v. Bustamonte, 412 U.S. 218, 219 (1973)).

Actual consent to a warrantless search “must be ‘unequivocal, specific, intelligently

given, and uncontaminated by duress or coercion.’” State v. Cox, 171 S.W.3d 174, 184

(Tenn. 2005) (quoting State v. Simpson, 968 S.W.2d 776, 784 (Tenn. 1998)). “The

pertinent question is this: whether the [individual’s] act of consenting is the product of an

essentially free and unconstrained choice. If the [individual’s] will was overborne and his

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or her capacity for self-determination critically impaired, due process is offended.” Cox,

171 S.W.3d at 185. The determination of a defendant’s capacity to consent is a question of

fact to be determined from the totality of the circumstances. See id. at 184.

In State v. Henry, this Court explained,

Factors to consider in determining whether consent is voluntary include the

time and place of the encounter, whether the encounter was in a public or

secluded place, the number of officers involved, the degree of hostility during

the incident, whether weapons were displayed, whether consent was

requested, and whether the consenter initiated contact with the police.” Cox,

171 S.W.3d at 185. In addition, an individual’s “age, education, intelligence,

knowledge, maturity, sophistication, experience, prior contact with law

enforcement personnel, and prior cooperation or refusal to cooperate with

law enforcement personnel” are relevant in determining whether consent in

voluntary. Id. (internal quotations marks omitted). Also, proof including, but

not limited to, evidence regarding the defendant’s physical condition and the

adverse effects of medications on a defendant’s judgment and reasoning may

establish that a defendant lacks the capacity to voluntarily consent. Cf.

Reynolds, 504 S.W.3d at 309. Finally, … an individual’s “‘[k]knowledge of

the right to refuse consent’ “is also a factor in determining the voluntariness

of consent.” Id. at 307 (quoting Schneckloth, 412 U.S. at 235-47).

Henry, 539 S.W.3d 223, 241-42 (Tenn. Crim. App. 2017). “The burden is on the

prosecution to prove that the consent was given freely and voluntarily.” State v.

Blackwood, 713 S.W.2d 677, 680 (Tenn. Crim. App. 1986) (citing State v. McMahan, 650

S.W.2d 383 (Tenn. Crim. App. 1983)).

The question before this Court is whether the evidence presented at the hearing and

at trial preponderates against the trial court’s determination that the defendant voluntarily

consented to the warrantless blood draw. Reviewing the totality of the circumstances, we

conclude that the evidence of the defendant’s physical and mental condition preponderates

against a finding that the defendant possessed the capacity to consent, and therefore, the

State failed to meet its burden.

In its order denying the motion to suppress, the trial court determined that based

upon the evidence presented at the hearing there was no evidence of any “coercive conduct

on the part of law enforcement” to obtain the defendant’s consent. The trial court found

specifically that “the [D]efendant was not restrained, under arrest or in custody.” Despite

the defendant’s immobilized state while being questioned, we do not find that a

preponderance of the evidence weighs against this finding by the trial court. Therefore, we

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defer to the trial court’s determination that there was no explicit coercion on the part of law

enforcement.

However, we cannot ignore evidence of the defendant’s diminished mental and

physical state. At the hearing and at trial, considerable evidence was presented regarding

the defendant’s inability to communicate with law enforcement. Trooper Barber testified

that communication with the defendant at the scene of the collision was “unsuccessful,”

describing the defendant as “incoherent, babbling, muttering.” Upon Lt. Smith’s first

encountering the defendant, he noted that her speech was “indiscernible.” Minutes later,

during the second attempted interview, Lt. Smith stated that he could not communicate

with the defendant. Lastly, 15 minutes after the second attempt, the defendant still did not

answer Lt. Smith’s questions concerning the crash. However, Lt. Smith testified “she was

coherent” because she responded to his request for consent. If the defendant was

incoherent at the time of the accident, and still not sufficiently coherent during the first and

second interviews with Lt. Smith, it is highly improbable that 15 minutes later, the

defendant had the mental capacity to consent.

Recognizing that Lt. Smith testified that the defendant thrice answered ‘yes’ to the

request for consent to the blood draw, the trial court’s determination that this evidence

alone was indicative that the defendant was “essentially coherent” discounts the three

previous interactions between the defendant and law enforcement. Beyond this affirmative

answer and identifying herself to a nurse, no other evidence was presented by the State that

the defendant was able to communicate or converse with law enforcement. Therefore,

finding the defendant “essentially coherent” at the time of consent contradicts the facts of

the case and misapplies the ‘totality of the circumstances’ standard. We also note that the

trial court’s conclusion that the defendant was “essentially coherent” does not meet the

legal requirement that “[t]o be valid, consent must be “‘unequivocal, specific, intelligently

given, and uncontaminated by duress or coercion.’” State v. Ingram, 331 S.W.3d 746, 760

(Tenn. 2011) (quoting State v. Berrios, 235 S.W.3d 99, 109 (Tenn. 2007)).

We cannot overlook the defendant’s injuries and the medication she was given and

how that might have impacted her ability to consent. The United States Court of Appeals

for the Sixth Circuit has recognized, “[i]t is no doubt the case that medication or

intoxication may diminish the capacity to consent to the extent it undermines an

individual’s grasp on the reality of what he is doing” and that “in some settings, the

influence of drugs, prescribed or otherwise, or the influence of alcohol may tip the balance

in favor of finding a lack of capacity to consent to the search.” United States v.

Montgomery, 621 F.3d 568, 572 (6th Cir. 2010).

Here, Lt. Smith testified at the suppression hearing and at trial that he was aware the

hospital had administered fentanyl to the defendant. Lt. Smith also testified that fentanyl

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is a “powerful” drug. The evidence also established that due to the brutal nature of the

head-on collision involved in this case, the defendant suffered multiple injuries, most

significantly a frontal lobe head injury, and the defendant was required to be immobilized

in a brace. The trial court did not consider any of this evidence in its order denying the

motion to suppress and, therefore, did not properly derive its decision from the totality of

the circumstances.

Additionally, though not raised by either party, the statute in effect at the time of the

offense provided:

(e) Upon a finding of probable cause for [DUI, vehicular assault, aggravated

vehicular assault, vehicular homicide, or aggravated vehicular homicide], a

law enforcement officer may administer a blood test for the purpose of

determining the alcohol or drug content, or both, of that operator’s blood

only:

(1) With the consent of the operator of the vehicle and after executing

the waiver set out in subsection (g);

(2) With a search warrant issued in accordance with title 40, chapter 6,

part 1, and Rule 41 of the Tennessee Rules of Criminal Procedure; or

(3) Without the consent of the operator of the vehicle if, on a case by

case basis, one (1) or more of the recognized exigent circumstances to

the search warrant requirements exist.

(f) The implied consent given by the operator of a motor vehicle pursuant to

subdivision (d)(1), is not sufficient to comply with the consent required to

administer a blood test pursuant to this section. Unless the operator

voluntarily signs the waiver form, a properly executed search warrant or a

recognized exigent circumstance is required to obtain blood from the

operator.

(g) If the operator of a motor vehicle consents to the administration of a blood

test to determine the alcohol or drug content of the operator’s blood in the

absence of a search warrant authorizing a blood test or a recognized exigent

circumstance, the operator shall sign a standardized waiver developed by

the department of safety and made available to law enforcement agencies that

have the authority to make arrests for [DUI, vehicular assault, aggravated

vehicular assault, vehicular homicide, or aggravated vehicular homicide]. If

the operator cannot read the waiver for any reason, the officer shall read the

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waiver to the operator. If the waiver is read to the operator, no presumption

of the operator’s impairment or intoxication is created and no presumption is

created that the operator understood the meaning or consequences of the form

the operator signed. It is not admissible in court against the operator that the

waiver was read to the operator and the operator shall have the opportunity

in court to present evidence that the operator did not understand the meaning

or consequences of signing the form. The operator shall sign and date the

waiver and the law enforcement officer shall initial the waiver.

Tenn. Code Ann. § 55-10-406(e)-(g) (2017) (amended 2019) (emphasis added). The

statute, however, does not affect the admissibility of “any chemical analysis of the alcohol

or drug content of the defendant’s blood that was not compelled by law enforcement but

was obtained while the defendant was hospitalized or otherwise receiving medical care in

the ordinary course of medical treatment.” Id. § 55-10-406(j). Here, the defendant was

not offered and did not execute a written waiver. Accordingly, despite the trial court’s

finding that the defendant’s waiver was voluntary, the waiver did not meet the requirements

of the statute, and the results of the warrantless blood draw were not admissible.

We must now evaluate the effect of this error on the defendant’s conviction. The

question is “‘whether it appears beyond a reasonable doubt that the error complained of

did not contribute to the verdict obtained.’” State v. Rodriguez, 254 S.W.3d 361, 371

(Tenn. 2008). The State carries the burden of demonstrating the error was harmless.” Id.

at 371 (quoting State v. Allen, 69 S.W.3d 181, 190 (Tenn. 2002)).

At trial, the State introduced evidence of the defendant’s guilt. Lt. Smith testified

that immediately after the warrantless blood draw, he obtained a search warrant for the

medical blood draw that had previously occurred. Agent Douglass analyzed the evidence

collected from the medical blood draw and testified that the defendant’s blood alcohol

content was 0.156 gram percent, almost double the legal limit. Because this evidence was

sufficient to establish guilt beyond a reasonable doubt on its own, the trial court’s error did

not contribute to the verdict. The defendant is not entitled to relief on this issue.

II. Sufficiency of the Evidence

When the sufficiency of the evidence is challenged, the relevant question of the

reviewing court is “whether, after viewing the evidence in the light most favorable to the

prosecution, any rational trier of fact could have found the essential elements of the crime

beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319 (1979); see also Tenn.

R. App. P. 13(e) ( “Findings of guilt in criminal actions whether by the trial court or jury

shall be set aside if the evidence is insufficient to support the findings by the trier of fact

of guilt beyond a reasonable doubt.”); State v. Evans, 838 S.W.2d 185, 190–92 (Tenn.

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1992); State v. Anderson, 835 S.W.2d 600, 604 (Tenn. Crim. App. 1992). All questions

involving the credibility of witnesses, the weight and value to be given the evidence, and

all factual issues are resolved by the trier of fact. See State v. Pappas, 754 S.W.2d 620,

623 (Tenn. Crim. App. 1987). “A guilty verdict by the jury, approved by the trial judge,

accredits the testimony of the witnesses for the State and resolves all conflicts in favor of

the theory of the State.” State v. Grace, 493 S.W.2d 474, 476 (Tenn. 1973). Our Supreme

Court has stated the rationale for this rule:

This well-settled rule rests on a sound foundation. The trial judge and the

jury see the witnesses face to face, hear their testimony and observe their

demeanor on the stand. Thus, the trial judge and jury are the primary

instrumentality of justice to determine the weight and credibility to be given

to the testimony of witnesses. In the trial forum alone is there human

atmosphere and the totality of the evidence cannot be reproduced with a

written record in this Court.

Bolin v. State, 405 S.W.2d 768, 771 (Tenn. 1966) (citing Carroll v. State, 370 S.W.2d 523

(1963)). “A jury conviction removes the presumption of innocence with which a defendant

is initially cloaked and replaces it with one of guilt, so that on appeal a convicted defendant

has the burden of demonstrating that the evidence is insufficient.” State v. Tuggle, 639

S.W.2d 913, 914 (Tenn. 1982).

Guilt may be found beyond a reasonable doubt where there is direct evidence,

circumstantial evidence, or a combination of the two. State v. Matthews, 805 S.W.2d 776,

779 (Tenn. Crim. App. 1990) (citing State v. Brown, 551 S.W.2d 329, 331 (Tenn. 1977);

Farmer v. State, 343 S.W.2d 895, 897 (Tenn. 1961)). The standard of review for

sufficiency of the evidence “is the same whether the conviction is based upon direct or

circumstantial evidence.” State v. Dorantes, 331 S.W.3d 370, 379 (Tenn. 2011) (quoting

State v. Hanson, 279 S.W.3d 265, 275 (Tenn. 2009). Moreover, the jury determines the

weight to be given to circumstantial evidence and the inferences to be drawn from this

evidence, and the extent to which the circumstances are consistent with guilt and

inconsistent with innocence are questions primarily for the jury. See id. at 379.

Circumstantial evidence alone may be sufficient to support a conviction. State v.

Richmond, 7 S.W.3d 90, 91 (Tenn. Crim. App. 1999). This Court, when considering the

sufficiency of the evidence, shall not reweigh the evidence or substitute its inferences for

those drawn by the trier of fact. Id. This Court will not exchange its’ “inferences for those

drawn by the trier of fact from circumstantial evidence.” State v. Matthews, 805 S.W.2d

776, 779 (Tenn. Crim. App. 1990).

The defendant argues that the evidence at trial was insufficient because the State

failed to establish the items found in the defendant’s vehicle were “drug paraphernalia” or

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that the defendant intended to use the objects as such. The State submits that the jury could

have reasonably concluded from several points of evidence that the objects found in the

defendant’s car were drug paraphernalia. We agree with the State.

Generally, it is unlawful for a person to possess, with the intent to use, drug

paraphernalia. Tenn. Code Ann. § 39-17-425(a)(1). Possession of drug paraphernalia is a

Class A misdemeanor. Tenn. Code Ann. § 39-17-425(a)(2). At trial, the State has the

burden to prove beyond a reasonable doubt: (1) that the defendant possessed the object; (2)

that the object possessed was classifiable as drug paraphernalia; and (3) that the defendant

intended to use the object for an illicit purpose. State v. Mallard, 40 S.W.3d 473, 476

(Tenn. 2001). Drug paraphernalia is defined by statute as “all equipment products and

materials of any kind which are used, intended for use, or designed for use in . . . ingesting,

inhaling or otherwise introducing into the human body, a controlled substance.” Tenn.

Code Ann. § 39-17-402(12).

Here, the objects at issue were a segmented straw, a razor blade, and a container

resembling a mortar and pestle. The defendant concedes the first element of the offense,

possession of the items. However, she argues there was not sufficient evidence of the

second element, classification of the items as drug paraphernalia, or the third element, that

she intended to use the items for an illicit purpose.

At trial, Troopers Brock and Alexander testified that the items found were

commonly used to crush pills into powder, scrape and line up powder, and ingest powder

into the body nasally. The evidence established that the defendant possessed a bottle of

opiate pills prescribed to another person. In addition, the defendant presented no contrary

evidence to establish a legitimate use or explanation for the items. See State v. Foster,

2021 WL 1158156, *9 (Tenn. Crim. App. 2021) (“A jury is free to consider that the

defendant never provided any proof of an innocent explanation for the presence of the

items”.)

Considering this evidence in the light most favorable to the State, a rational trier of

fact could have determined that the items found in the defendant’s car were objects used

for the ingestion of a controlled substance and that the defendant had the intent to use them

as such. Therefore, we conclude the evidence adduced at trial was sufficient to sustain the

defendant’s conviction. The defendant’s challenge to the sufficiency of the evidence is

without merit.

Conclusion

Based on the foregoing reasoning and authority, we conclude the trial court’s denial

of the defendant’s motion to suppress was an error. However, the error was harmless and,

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thus, we affirm the defendant’s conviction for vehicular homicide by intoxication. We also

affirm the defendant’s conviction for possession of drug paraphernalia.

____________________________________

J. ROSS DYER, JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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