A Tennessee criminal appeals court has reversed a lower court’s order and reinstated the conviction of a former Hamilton County EMT who was found guilty of vehicular homicide by intoxication and DUI charges in connection with a fatal wrong-way crash.
Justin Whaley, now 44, hit and killed James Brumlow, 36, in a head-on collision on Highway 111 in Soddy-Daisy in the early hours of July 3, 2018.
Last year, Whaley asked the same court that had overseen his original trial to vacate his conviction and give him a new trial. He argued that new information called into question the reliability of a responding officer’s testimony. Had his attorneys been able to present that evidence, he argued, a jury may have reached a different conclusion.
He also challenged the court’s decision to allow jurors to visit the site of the crash on Highway 111 and testimony extrapolating blood alcohol content from a sample that was taken four hours after the crash.
(READ MORE: Former Hamilton County EMT to remain incarcerated while awaiting new trial, appeals)
