Blanton v. State

727 So. 2d 748, 1998 WL 850088
CourtCourt of Appeals of Mississippi
DecidedDecember 8, 1998
Docket97-KA-00439COA
StatusPublished
Cited by6 cases

This text of 727 So. 2d 748 (Blanton v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blanton v. State, 727 So. 2d 748, 1998 WL 850088 (Mich. Ct. App. 1998).

Opinion

727 So.2d 748 (1998)

Lee Joseph BLANTON a/k/a Hosea Blanton, Appellant,
v.
STATE of Mississippi, Appellee.

No. 97-KA-00439COA.

Court of Appeals of Mississippi.

December 8, 1998.
Rehearing Denied February 23, 1999.

*749 Pamela A. Ferrington, Natchez, for Appellant.

Office of the Attorney General by Charles W. Maris Jr., for Appellee.

Before BRIDGES, C.J., and HINKEBEIN and KING, JJ.

HINKEBEIN, J., for the Court:

¶ 1. Leo Joseph Blanton (Blanton) was convicted in the Circuit Court of Adams County of selling cocaine. Blanton was sentenced to serve a term of twenty years in the custody of the Mississippi Department of Corrections and pay a fine of $5000. Aggrieved by his conviction, he appeals to this Court on the following grounds:

I. THE TRIAL COURT ERRED IN DENYING APPELLANT'S MOTION FOR A CONTINUANCE IN ORDER TO INVESTIGATE THE INFORMATION OBTAINED BY DEFENSE COUNSEL ON THE MORNING OF THE TRIAL.

II. THE TRIAL COURT ERRED IN DENYING THE MOTION FOR DIRECTED VERDICT BASED ON A CHAIN OF CUSTODY VIOLATION AS TO THE CONTROLLED SUBSTANCE ADMITTED INTO EVIDENCE.

¶ 2. Holding these assignments of error to be without merit, we affirm the judgment of the circuit court.

FACTS

¶ 3. On July 3, 1996, the Metro Narcotics Unit of Adams County was conducting an operation aimed at street level drug dealers in Natchez, Mississippi. Taking part in the operation was John Delaughter (Delaughter), a confidential informant and private citizen working with narcotics agents. Delaughter, an admitted former drug addict, was paid anywhere from forty to eighty dollars for each case he was involved in. Delaughter had no criminal record, and there were no pending charges against him. On the day in question, Delaughter's job was to purchase drugs while the illegal transactions were being recorded on videotape. The record reveals the procedure followed by narcotics agents prior to sending Delaughter out to make the drug buys. The agents first searched Delaughter and his pickup truck for drugs, weapons, and money. A concealed video camera was then installed in Delaughter's truck to record the drug purchases. Delaughter also wore a body wire so that Narcotics officers could monitor the drug transactions as they occurred. After agents briefed Delaughter on his assignment, they supplied him with money with which to purchase the illegal drugs.

¶ 4. On the date in question, Delaughter was instructed to drive along Woodville Road in Natchez through a section known as "The Field". Delaughter testified that as he was driving, he was waved over by Blanton who was sitting in a car parked on the side of the road. According to Delaughter, and as shown by the videotape later played to the jury, Blanton approached the pick-up truck and asked Delaughter what he wanted. Delaughter told Blanton he wanted "a twenty", and Blanton then produced a single rock of crack cocaine in exchange for a twenty dollar bill. Delaughter testified that he placed the rock of crack cocaine on the console of his truck. As he drove away, he relayed Blanton's physical description and license plate number to narcotics agents over the body wire he was wearing. After the purchase, the agents began following Delaughter in their vehicle and rendezvoused with him at a different location. Delaughter testified that Agent Dale Cowan (Cowan) retrieved the crack cocaine and placed it in a bag. The videotape of the transaction was also removed and replaced with a new blank cassette. At trial, Delaughter identified Blanton as the person who had sold him the cocaine and also stated that the videotape fairly and accurately depicted the transaction. Cowan also testified that the videotape of the drug *750 sale accurately reflected what agents heard of the transaction over the body wire worn by Delaughter.

¶ 5. Cowan's testimony essentially reiterated most of Delaughter's version of events, but also included information as to the handling of the cocaine after it was retrieved from Delaughter. While Cowan could not recall whether he or one of the other officers actually removed the cocaine from Delaughter's truck, he stated that once it was in his possession he placed it in a heat sealed evidence bag, initialed the bag, and placed it in an evidence locker. The cocaine remained there until it was received by the Mississippi Crime Laboratory two weeks later. Monica Ardis, a forensic scientist with the crime laboratory, testified that she removed the evidence from the sealed bag and, after performing a number of tests, concluded it was cocaine.

¶ 6. Prior to voir dire, Blanton made a motion for a continuance, claiming that in responding to his request for discovery the State failed to supply a witness list containing Delaughter's name and address as required by URCCC 9.04(A)(1). The State contended that Blanton had been supplied the name of Delaughter and other likely witnesses through the indictment, as well as the police reports and statements turned over to the defense. The State also maintained that due to Delaughter's involvement in other ongoing drug cases they were not required to give his address. They stated they were at all times willing to make Delaughter available to be interviewed by the defense but that no request came until the day of the trial. The trial court ruled that it was clear from the police reports that Delaughter would be called as a witness, but allowed Delaughter to be interviewed by the defense prior to his testimony during a lunch break. After the break, Blanton again requested a continuance to investigate the information obtained from Delaughter during the interview. The trial court denied the motion, finding there was no evidence of unfair surprise or undue prejudice that would justify a continuance.

¶ 7. At the conclusion of the State's case, Blanton moved for a directed verdict on the basis that the State had failed to prove by credible evidence all elements of the crime. Blanton also argued that the State failed to prove a chain of custody of the substance later tested as cocaine. The trial court denied the motion for directed verdict, and Blanton rested his case. After hearing the evidence, the jury returned a verdict of guilty after approximately thirty minutes of deliberation. Blanton filed a motion for a new trial which was denied by the trial court. From the order denying his motion for a new trial, Blanton has perfected this appeal.

DISCUSSION

I. THE TRIAL COURT ERRED IN DENYING APPELLANT'S MOTION FOR A CONTINUANCE IN ORDER TO INVESTIGATE THE INFORMATION OBTAINED BY DEFENSE COUNSEL ON THE MORNING OF THE TRIAL.

¶ 8. Blanton argues that the State deliberately failed to disclose Delaughter's location in discovery, and as a result, the defense was unable to interview this crucial witness until the morning of the trial. Blanton contends that the trial court erred in failing to grant a continuance so that the defense could investigate information obtained from the interview with Delaughter. The State contends that Blanton had Delaughter's name for months, yet made no effort to arrange a meeting until the day of the trial. The State characterizes Blanton's inaction as "sandbagging of the rankest sort". The State further argues that Blanton failed to demonstrate any prejudice, and thus the trial court did not abuse discretion in denying a continuance. We agree with the State.

¶ 9. Whether a continuance should be granted or denied is within the sound discretion of the trial court. Johnson v. State, 631 So.2d 185, 189 (Miss.1994); Wallace v. State, 607 So.2d 1184, 1190 (Miss. 1992); Morris v. State, 595 So.2d 840, 844 (Miss.1991).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Pinkston v. State
50 So. 3d 1027 (Court of Appeals of Mississippi, 2010)
Harris v. State
37 So. 3d 1237 (Court of Appeals of Mississippi, 2010)
Densmore v. State
27 So. 3d 379 (Mississippi Supreme Court, 2009)
Relious Densmore v. State of Mississippi
Mississippi Supreme Court, 2008
Hudderson v. State
941 So. 2d 221 (Court of Appeals of Mississippi, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
727 So. 2d 748, 1998 WL 850088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blanton-v-state-missctapp-1998.