Albury v. State

Appellant was convicted of DUI manslaughter, manslaughter by culpable negligence, and four counts of culpable negligence as a result of an accident. We affirm, but address one issue, whether a mistrial should have been granted when a witness for the state volunteered he had offered to take a lie detector test.

Appellant and the witness were roommates at the time of the accident. Both of them had, on occasion, ingested a controlled substance known as GHB (gamma-hydroxy-butyrate). It is used by bodybuilders and acts as a growth hormone.

Witnesses to the accident testified that just prior to the…