Assigned on Briefs: March 7, 2017
from the Criminal Court for Shelby County No. 11-05251 John
defendant, Marcus Puckett, appeals his Shelby County Criminal
Court jury conviction of driving under the influence
("DUI"), claiming that the trial court erred by
permitting the State to play the video recording of the
defendant's traffic stop in its entirety in violation of
his constitutional rights. Discerning no error, we affirm the
judgment of the trial court.
R. App. P. 3; Judgment of the Criminal Court Affirmed.
Claiborne Ferguson, Memphis, Tennessee, for the appellant,
Herbert H. Slatery III, Attorney General and Reporter; Lacy
Wilber, Assistant Attorney General; Amy P. Weirich, District
Attorney General; and Michael McCusker, Assistant District
Attorney General, for the appellee, State of Tennessee.
Curwood Witt, Jr., J., delivered the opinion of the court, in
which Thomas T. Woodall, P.J., and Robert L. Holloway, Jr.,
CURWOOD WITT, JR., JUDGE
a 2013 jury trial, a Shelby County Criminal Court jury
convicted the defendant of one count of DUI. On appeal, this
court reversed the defendant's conviction and granted a
new trial based upon the trial court's failure to
suppress the results of a breath alcohol test because the
State failed to comply with the Sensing
requirements. See State v. Marcus Puckett, No.
W2013-02556-CCA-R3-CD, slip op. at 1 (Tenn. Crim. App.,
Jackson, Nov. 20, 2014) (citing State v. Sensing,
843 S.W.2d 412 (1992)).
defendant's second trial, Officer Joshua Shultz of the
Germantown Police Department testified that at approximately
3:00 a.m. on November 28, 2010, he was working as part of the
Shelby County Sheriff's Office Metro DUI Task Force when
he observed a green Cadillac "stopped at a green light
at Houston Levee and Macon." He watched the vehicle
"accelerate rapidly" before swerving in its lane
several times. Officer Shultz activated his emergency
equipment. The vehicle pulled over in an open space and then
continued to roll forward until Officer Shultz sounded his
siren. After the car stopped, Officer Shultz approached the
driver's side and tapped the window to get the driver to
roll the window down.
defendant, who was shirtless and covered in blood, was
sitting in the driver's seat, and Kanisha Hutchison was
seated in the passenger's seat. The windshield of the
vehicle was completely shattered. When Officer Shultz asked
the defendant to exit the vehicle, he immediately noticed a
strong odor of alcohol coming from the defendant's
person. In addition, the defendant swayed on his feet, his
clothing was disheveled, his eyes were glassy and watery, and
he was speaking incoherently. At one point, Officer Shultz
called emergency medical services to examine the defendant.
After the defendant was cleared by medical personnel, Officer
Shultz continued to question the defendant in an attempt to
discern how the defendant came to be covered in blood and how
the windshield came to be shattered. The defendant's
girlfriend, Kanisha Hutchison, eventually told Officer
Carolyn Chambers, who had come to assist in the
investigation, that the defendant had smashed the windshield
with his fist.
Shultz testified that he did not ask the defendant to perform
field sobriety tests because it was too cold outside for the
shirtless defendant to perform the tests and because the
defendant was "obviously drunk." Instead, he
arrested the defendant for DUI. He reiterated that the
defendant was stopped at a green light when he first observed
him, that he smelled of alcohol, that he had watery, glassy
eyes, and that he was unsteady on his feet. Additionally,
Officer Shultz recalled that the defendant spoke incoherently
and, at one point, defecated on himself.
State exhibited to Officer Shultz's testimony the video
recording of the traffic stop. The first 45 minutes of ...