Braund v. State

12 P.3d 187, 2000 Alas. App. LEXIS 178, 2000 WL 1678408
CourtCourt of Appeals of Alaska
DecidedNovember 9, 2000
DocketNo. A-7083
StatusPublished
Cited by7 cases

This text of 12 P.3d 187 (Braund v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Braund v. State, 12 P.3d 187, 2000 Alas. App. LEXIS 178, 2000 WL 1678408 (Ala. Ct. App. 2000).

Opinion

OPINION

MANNHEIMER, Judge.

Chris Braund was charged with fourth-degree controlled substance misconduct and tampering with physical evidence1 after police executed a search warrant at his residence and found two trash bags containing 341 grams (about 12 ounces) of marijuana roots and stalks. Following a jury trial, Braund was convicted of both charges. However, we conclude that Braund's convictions must be reversed because the trial judge improperly prevented Braund from cross-examining a witness concerning the favorable treatment that this witness had received from the State.

In addition, it is possible that the evidence against Braund must be suppressed. The police had a warrant to search Braund's residence, but they actually conducted two searches. After the police finished their initial search and left the residence, they realized that they had not searched the yard behind Braund's house. They promptly returned to Braund's property, searched the yard, and discovered the 341 grams of mariJuana plants. This renewed search may have violated the rule that a search warrant generally authorizes only one intrusion. Because this issue turns on the specific facts of the case, and because the superior court did not specifically address this problem, we remand Braund's case for additional proceedings on this issue.

The denial of Braund's right to cross-examine Johanna Hoffman

(a) Hoffman's involvement in the case

One of the witnesses against Braund was a woman named Johanna Hoffman. Hoffman was the one who informed the police that Braund was growing marijuana.

In the early morning of November 19, 1996, the Alaska State Troopers received a 911 call from Hoffman. Hoffman was calling from Braund's house. She told the dispatcher, "This person has an attitude. Help me. I just want to go home." Hoffman identified the "person" as Chris Braund,. Almost immediately, Braund got on the phone and complained to the dispatcher about Hoffman's behavior. Braund told the dispatcher:

[Slhe's been drinking all night and ... I just want her out of here. ... I really don't know what to do: I've told her [to leave] three times, she's still standing right here.... I just ... want her to leave my house.

Braund began giving the dispatcher directions to the house (which was located on an unmarked road off the Seward Highway and had no address). Then Hoffman got back on the phone. The dispatcher asked her, "Well, what's going on? _... [H]le just doesn't want you there anymore?" Hoffman responded, "He's growing pot and ... I just don't want to be here.... I just want to get back home, with my parents."

Trooper Joseph Masters arrived at Braund's residence about forty minutes later. He found Hoffman and Braund standing in the driveway. Masters interviewed Hoffman in his patrol car. She repeated her allegation that Braund was growing marijuana in his house and in an adjacent garage. Masters left Hoffman in the patrol car and knocked on the door of Braund's residence. He asked Braund if he was growing marijuana. Braund replied by giving Masters permission to search his house.

Masters walked through the house with Braund. During this search, Masters found a twelve-pack of starter marijuana plants on the floor of a bedroom closet. Only one of the plants was still living. Trooper Masters asked Braund if the marijuana was for personal use, and Braund replied that it was. He denied selling marijuana.

During the search of the rest of the house, Masters found a "marijuana light" on a kitchen counter. He also observed a locked door to a room in the basement; Braund ex[190]*190plained that a friend of his was using this room for storage and that he didn't have a key. Masters observed a rolled-up towel against the bottom of that door. Lastly, Masters observed that the basement was unusually warm-approximately 85 degrees. Braund explained that he heated the house from the basement, and that he had cut a hole in the ceiling to permit the heat to circulate to the upstairs rooms.

Masters issued Braund a citation for sixth-degree controlled substance misconduct (a class B misdemeanor) for the small marijuana plant in the closet.2 Masters then returned to his car and spoke with Hoffman again.

During this second interview, Hoffman claimed that Braund had shown her marijuana plants in his home earlier in the week. She said that the plants were being grown inside a locked room in the basement. She told Masters that, while she was making the 911 call, she watched Braund going up and down the stairs several times, taking garbage bags out of the house. She claimed that Braund had told her the plants were worth roughly $2,000 each, and that he estimated that he probably had $50-60,000 worth of marijuana. She also told the trooper that, although there were only five or six marijuana plants inside Braund's house, there were "a whole bunch" of plants in the garage adjacent to the house.

Based on Hoffman's statements and Masters's observations, the troopers obtained the warrant to search Braund's residence.

(b) Braund's proposed cross-examination of Hoffman

Hoffman testified for the state at Braund's trial. Braund (who represented himself at trial) told Superior Court Judge Larry D. Card that he wished to cross-examine Hoffman concerning her recent arrest for possession of a crack pipe. Judge Card told Braund that he did not believe the criminal charge against Hoffman was relevant. After discussing the potential relevance of the proposed cross-examination for several minutes, Judge Card asked the prosecutor if he knew anything about Hoffman's arrest. The prosecutor replied that Hoffman indeed had been arrested on February 5, 1998 (five weeks before Braund's trial) and charged with fourth-degree controlled substance misconduct for possessing a crack pipe. The prosecutor added that the District Attorney's Office had declined to prosecute Hoffman's case because "it did not meet [their] office policy for prosecution of those offenses".

During the ensuing discussion, Judge Card asked Braund if he believed that Hoffman received a break-that "the State did her a favor and declined [prosecution]"-because she was a witness in Braund's case. Braund replied, "That's exactly it." Judge Card then ruled that Braund could not ask Hoffman about her favorable treatment unless he had some independent evidence that the District Attorney's Office formally gave Hoffman favorable treatment in exchange for her testimony:

The Court [Unless] you have a good-faith basis, you can't just ... ask [Hoffman such questions]. You can ask the State. They'll tell you one way or the other [whether they gave Hoffman favorable treatment in exchange for her testimony]. If they did, you can ask [your proposed] question; [then] that would be very relevant.
[[Image here]]
But you're speculating, sir. I mean, ... if [the State has] given somebody a break, they'll say, "Look, we declined this. We didn't want to [pursue the charge] because she's a potential witness ." They'll say that. Often, they'll put [such] things in writing. So you ask [the prosecutor].
Braund: Okay.
The Court: Come back [if] you have ... a good-faith basis for asking that question[.]
Braund: Okay.

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

Related

COMMONWEALTH v. S. JOHN CAREY
Massachusetts Superior Court, 2025
Michael D. Logan Jr. v. State of Alaska
Court of Appeals of Alaska, 2024
Sprague v. State
Court of Appeals of Kansas, 2021
Jerel Tremayne Williams v. State of Alaska
480 P.3d 95 (Court of Appeals of Alaska, 2021)
State of West Virginia v. Steven Michael Williams
West Virginia Supreme Court, 2015
Brigman v. State
64 P.3d 152 (Court of Appeals of Alaska, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
12 P.3d 187, 2000 Alas. App. LEXIS 178, 2000 WL 1678408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/braund-v-state-alaskactapp-2000.