Lee Davis: 6th Circuit Court Of Appeals: Is Evading Arrest A Violent Felony?

Saturday, May 19, 2012 - by Lee Davis
Lee Davis
Lee Davis
This case concerns whether a defendant’s prior conviction for evading arrest is a “violent felony” for purposes of the Armed Career Criminal Act (ACCA). If it is the consequences for a subsequent federal conviction are large. Despite having previously ruled that evading arrest is a violent felony and then having the Supreme Court vacate the Sixth Circuit’s judgment, the Court ruled again that under Tennessee law it is a violent felony.

In this case, defendant David Earl Doyle was found by police in 2007 parked behind a church sleeping in a running vehicle. Deputies saw a pistol in the driver’s side door and a shotgun lying between the driver and his sleeping female companion.
The officers removed the weapons before arresting the two on various charges. A few weeks later a federal grand jury indicted Doyle and charged him as a felon in possession of a firearm, alterations to the barrel of a firearm (sawing off a shotgun), and possession of an unregistered firearm. Doyle pled guilty.

At sentencing the district court ruled Doyle was an armed career criminal (ACCA) under the guidelines because of his three prior convictions that qualified him for an enhanced sentence: aggravated assault, burglary and a Class E felony of evading arrest. The district court sentenced Doyle to 180 months on count one and 120 months for counts two and three, to run concurrently. 

Doyle agrees that his previous convictions for aggravated assault and burglary qualify as violent felonies under the ACCA. The issue is whether evading arrest qualifies as a violent felony. 

Under the ACCA a violent felony is “any crime punishable by imprisonment for a term exceeding one year” that has as an element the use of physical force against another  “or otherwise involves conduct that presents a serious potential risk of physical injury to another.” Class E felony evading arrest can only be considered a violent felony under this catchall provision. 

The Sixth Circuit previously address just such a question in U.S. v. Rogers, holding that in Tennessee a Class E felony evading arrest is a “crime of violence” under the guidelines.  While Doyle claims Rogers was wrongly decided he does not attempt to distinguish a case that is otherwise identical to the fact pattern present here. Though Rogers was remanded by the Supreme Court no new opinion has been issued on the case and therefore the Supreme Court’s ruling has an undetermined impact.
The Court’s majority founds that the portion of the ACCA discussing “serious potential risk of physical injury to another” applies in this case. The Court says such potential risks to officers are always present in vehicular-flight cases. Such risk is inherent in such situations as flight is in defiance of police instructions and the vehicles can be used in a way to cause serious potential risks of injury to others. 

Despite what the Supreme Court wrote in Rogers, the Sixth Circuit has decided that nothing should cause a reconsideration of their holding in Rogers and that Class E felony evading arrest under Tennessee law is a violent felony under the ACCA.

To read the full opinion, click here.
See Our Related Blog Posts:

6th Circuit Appeals Court Upholds Child Pornographer’s Life Sentence

(Lee Davis is a Chattanooga attorney who can be reached at lee@davis-hoss.com or at 266-0605.)



New NorthShore Salon Is First In Chattanooga To Be Environmentally Certified

A new environmentally-conscious salon with a unique approach to hair and beauty services has opened in the 10/North development in Chattanooga’s NorthShore district. Pasha Salon is the first salon in Chattanooga to receive a GreenCircle certification, which is a designation achieved only by salons committed to recycling and repurposing upwards of 95 percent of all chemical, metal, ... (click for more)

State Supreme Court Upholds Current Standard For When Statute Of Limitations Begins To Run In Legal Malpractice Cases

The Tennessee Supreme Court extensively analyzed when the statute of limitations begins to run in legal malpractice cases. While the Court declined to change current Tennessee law or adopt a new doctrine, it held that both the trial court and appellate court were incorrect as to when the plaintiffs’ cause of action accrued, and it reversed the earlier summary judgment granted in ... (click for more)

Haslam Appoints Kyle Hedrick Circuit Court Judge

Governor Bill Haslam on Monday appointed Kyle E. Hedrick of Chattanooga as Circuit Court Judge for the 11th Judicial District.  He replaces Judge W. Neil Thomas III, who has retired. The 11th Judicial District serves Hamilton County.   Mr. Hedrick and attorney Glenna Ramer have practiced together since 1994 and formed the law firm Ramer & Hedrick in Chattanooga ... (click for more)

Neighbor Takes Photo Of Burglar; Brian Alex Stone Arrested

A neighbor who went over to check on a house break-in has led to the arrest of Brian Alex Stone Jr. Stone, 23, of 3210 Broad St., is charged with aggravated burglary and theft of property. Police were notified on Dec. 1 that a burglary had just taken place on Trailwood Drive. The suspect was a black male with twists in his hair, who was driving a silver Dodge Caliber. ... (click for more)

All I Want For Christmas Are Digitized Newspapers For 2018

With recent news of the Public Library investing in their own StoryCorps-ish effort with the Chattanooga Memory Project, it got me thinking about digitizing local newspapers again.   It's been two and a half years since the Chattanooga Public Library committed to sending out a request for proposals to digitize the local newspapers they have on microfilm. Back in ... (click for more)

Roy Exum: The Last You’d Suspect

Back when Bill Lenz launched Christ the Rock Community Church, the idea was to spread the gospel in Menasha, Wisc. but Bill and his brother Bob soon found they were dealing with people in trauma situations – drug and alcohol addiction, poverty, the homeless, and suicide prevention. As the church grew, they started an offshoot ministry called “Solid Rock” that deals with suicide ... (click for more)