Cook v. State

728 So. 2d 117, 1998 WL 850116
CourtCourt of Appeals of Mississippi
DecidedDecember 8, 1998
Docket96-KA-01359COA
StatusPublished
Cited by10 cases

This text of 728 So. 2d 117 (Cook 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
Cook v. State, 728 So. 2d 117, 1998 WL 850116 (Mich. Ct. App. 1998).

Opinion

728 So.2d 117 (1998)

Emmanuel COOK, Appellant,
v.
STATE of Mississippi, Appellee.

No. 96-KA-01359COA.

Court of Appeals of Mississippi.

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

*119 Ross R. Barnett, Jr., Jackson, for Appellant.

Office of the Attorney General by Scott Stuart, Dunn Lampton, District Attorney, for Appellee.

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

HINKEBEIN, J., for the Court:

¶ 1. Emmanuel Cook was convicted in the Pike County Circuit Court of the sale of cocaine in violation of § 41-29-139 of the Mississippi Code. For his offense, Cook was sentenced to a term of thirty years in the custody of the Mississippi Department of Corrections and ordered to pay a $10,000 fine and court costs. Aggrieved by his conviction, Cook appeals to this Court on the following grounds:

I. THE TRIAL COURT ERRED IN DISALLOWING CROSS-EXAMINATION OF INFORMANT JONES REGARDING HIS ASSOCIATES AND CREDITORS.

II. THE COURT ERRED IN ADMITTING THE DIGITAL TAPE ORDERED INTO EVIDENCE BY THE STATE OVER THE OBJECTION OF THE DEFENSE.

III. SE OF AN INFORMANT PAID ON A CONTINGENT FEE BASIS VIOLATED APPELLANT'S RIGHT TO DUE PROCESS OF LAW.

IV. THE MOTION FOR DIRECTED VERDICT SHOULD HAVE BEEN GRANTED BECAUSE THE EVIDENCE WAS INSUFFICIENT TO SUPPORT A CONVICTION OF POSSESSION OF COCAINE.

V. THE TRIAL COURT ERRED IN FAILING TO GRANT THE DEFENSE MOTION FOR MISTRIAL WHEN AGENT ALLEN TESTIFIED TO THE FACT OF A DRUG DEAL WITHOUT PERSONAL KNOWLEDGE THEREOF.

VI. CUMULATIVE ERROR IN THIS CASE REQUIRES REVERSAL.

VII. THE SENTENCE WAS UNCONSTITUTIONALLY DISPROPORTIONATE.

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

FACTS

¶ 2. On the evening of December 14, 1995, agents with the Mississippi Bureau of Narcotics fitted police informant and self-described drug addict Jason Jones with a body transmitter and tape recorder and provided him with state funds with which he might purchase cocaine from Cook, whom he had portrayed as his primary supplier during the previous several months. As Jones subsequently arrived at and entered Cook's apartment Agents Mike Aldridge and Erik Allen waited nearby, but could only hear, in Aldridge's words, only a "snippet" of the conversation which took place inside due to an equipment failure. Nevertheless, when Jones emerged from the dwelling and rejoined the officers, he surrendered three pieces of crack cocaine for which he claimed to have paid Cook $50. Based on Jones' subsequent trial testimony to that effect and the tape recording obtained during these events which confirmed his account, jurors found Cook guilty of the sale of cocaine. It *120 is this verdict from which he now appeals to this Court.

ANALYSIS

I. THE TRIAL COURT ERRED IN DISALLOWING CROSS-EXAMINATION OF INFORMANT JONES REGARDING HIS ASSOCIATES AND CREDITORS.

¶ 3. Cook begins by arguing that the trial court erroneously prevented defense counsel from crossexamining informant Jones about his "associates and creditors in the drug underground." Cook claims that these matters were pertinent to his credibility and therefore an acceptable topic for exploration. In response, the State asks that this Court review Jones' trial testimony, noting that Jones (1) admitted his own addiction to crack cocaine, (2) described pawning his vehicle on more than one occasion in order to obtain money with which to purchase the drug, and furthermore, and (3) confessed to having stolen and forged checks belonging to his mother for the same purpose. According to the State, by permitting questions as to only the basic facts and not the identities of those with whom Jones conducted the transactions, the trial judge carefully maintained focus on the instant case rather than collateral matters. We agree with the State's analysis.

¶ 4. We are well aware that the law of this State provides defendants such as Cook with the broad right to question prosecution witnesses regarding possible motives, prejudices, or biases, in attempting to uncover every detail which might bear upon the weight and worth of his/her testimony. Foster v. State, 508 So.2d 1111, 1115 (Miss.1987). However, that entitlement is limited by the concept of relevancy. Therefore, the exclusion of information which is either wholly extraneous to the charges laid in the indictment and/or unprovoked by the witness' direct testimony lies within the discretion of the trial judge. Stringer v. State, 500 So.2d 928, 933 (Miss.1986); Black v. State, 506 So.2d 264, 268 (Miss.1987). We therefore must address the essence of Cook's contention, that he was attempting to extract "admissions about troubles [Jones] may have had with law enforcement ..." when he asked Jones whom he had paid with the funds obtained from his mother's stolen checks and to whom he had pawned his truck. In short, his point escapes us. Each detail which might legitimately be considered indicative of Jones' veracity seems to have been presented to the jury. Moreover, if Cook was privy to supplementary information linking these individuals with law enforcement personnel, he failed utterly to make any offer of proof below. See Whigham v. State, 611 So.2d 988, 994-95 (Miss. 1992) (refusing to hold trial court in error for excluding testimony of witness where no proffer was made). And finally, as the State argues on appeal, had Cook wished to ask the witness directly about any prior criminal violations and/or arrests, he most assuredly could have done so. There is absolutely nothing in the record to indicate that the trial judge would have frustrated his efforts, had Cook attempted to pursue this line of questioning. Consequently, we hold this assignment of error to be without merit.

II. THE COURT ERRED IN ADMITTING THE DIGITAL TAPE ORDERED INTO EVIDENCE BY THE STATE OVER THE OBJECTION OF THE DEFENSE.

¶ 5. Cook also complains that the trial court erroneously allowed prosecutors to replay an "enhanced" copy of the audio tape made during the transaction, claiming that (1) a proper foundation was not laid for its admission into evidence, and (2) its presentation to the jury violated Rule 1002 of the Mississippi Rules of Evidence, better known as the "Best Evidence Rule". According to Cook, the prosecution's acknowledgment that changes had been made to the recording during the production of the duplicate should have compelled use of the original, especially since the earlier tape was readily available. The State responds that it was appropriate to play the tape since Jones confirmed that it reflected an accurate recording of the conversation had between himself and Cook, with the only alteration being the reduction of inconsequential background noise. We agree with the State.

¶ 6. The general proposition upon which Cook bases his argument is legitimate *121 since, our supreme court has indeed held that prior to the admission of such a tape into evidence, its authenticity must be established. Haynes v. Avco Security Corporation, 299 So.2d 198, 201 (Miss.1974). To that end, the court has noted that the proponent of the recording must show that "no changes have been made, whether deletion, additions or otherwise." Haynes, 299 So.2d at 201. However, more recent Mississippi case law indicates that this mandate should not be taken as absolute; the appropriate query is actually whether there has been any significant change so as to distort either the words uttered therein or their apparent meaning. Stewart v. Stewart,

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

Related

Rankin v. State
963 So. 2d 1255 (Court of Appeals of Mississippi, 2007)
Moody v. State
964 So. 2d 564 (Court of Appeals of Mississippi, 2007)
Smith v. State
907 So. 2d 389 (Court of Appeals of Mississippi, 2005)
Moore v. State
873 So. 2d 129 (Court of Appeals of Mississippi, 2004)
Falconer v. State
832 So. 2d 622 (Court of Appeals of Mississippi, 2002)
Aguilar v. State
847 So. 2d 871 (Court of Appeals of Mississippi, 2002)
Cox v. State
813 So. 2d 742 (Court of Appeals of Mississippi, 2001)
Rambus v. State
804 So. 2d 1052 (Court of Appeals of Mississippi, 2001)
George D. Aguilar v. State of Mississippi
Mississippi Supreme Court, 2000
Fort v. State
752 So. 2d 458 (Court of Appeals of Mississippi, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
728 So. 2d 117, 1998 WL 850116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-state-missctapp-1998.