Burchett v. Commonwealth

98 S.W.3d 492 (Ky. 2003)

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Nature of the Case

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Facts

Darnell was killed when his vehicle was struck by D's vehicle. Darnell had the right of way and was not required to stop. D failed to stop at the intersection and caused the collision. Brake marks conclusively indicate that D skidded through the intersection. D was on his way to the Taylor County Hospital to visit his girlfriend, Melissa Grider, who had given birth to their child the previous day. Trooper Whitlock found an unopened, one-half gallon bottle of vodka in D's vehicle. D denied that he had consumed any alcohol that day. D told the emergency room nurse that he drinks 'anywhere from one-half to three-fourths of a gallon a day of vodka' and that he smokes marijuana daily, 'one joint in the morning and one at night.' D denied smoking marijuana the day of the collision. D later told a lab tech that he smoked 'this morning.' A blood test confirmed that D drank no alcohol before the collision. A urine sample revealed benzodiazepines (e.g., Valium), opiates (e.g., Tylenol 3), and tetrahydrocannabinol (THC) (marijuana). The blood sample was insufficient to test for these drugs. D was indicted for second-degree manslaughter. D did not contest the admission of evidence that he smoked a marijuana cigarette the day before the collision. D did contest the admission of any evidence that he had a habit of drinking alcohol or smoking marijuana every day. D made a motion in limine to suppress such habit evidence. The court ruled that evidence of D's daily use of marijuana was admissible. D was convicted and appealed. The appeals court affirmed and D appealed. D argues that the evidence of his marijuana use was habit evidence, which has been inadmissible in Kentucky courts for at least a century.