Crawford v. State

749 So. 2d 1135, 1999 Miss. App. LEXIS 486, 1999 WL 540895
CourtCourt of Appeals of Mississippi
DecidedJuly 27, 1999
DocketNo. 97-KA-01026-COA
StatusPublished

This text of 749 So. 2d 1135 (Crawford 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
Crawford v. State, 749 So. 2d 1135, 1999 Miss. App. LEXIS 486, 1999 WL 540895 (Mich. Ct. App. 1999).

Opinion

LEE, J., for the Court:

¶ 1. Johnny Crawford was found guilty of sale of cocaine by a Jefferson County Circuit Court jury. Aggrieved of this judgment Crawford assigns as error the following: 1) whether the trial court erred in not granting a mistrial because of the State’s failure to comply with discovery by failing to identify witnesses in advance of trial; 2) whether the trial court erred in not suppressing the in-court identification because it was unduly suggestive; and 3) whether the verdict was against the over[1137]*1137whelming weight of the evidence. We find that the evidence fully supports the verdict and therefore affirm.

FACTS

¶ 2. On April 26, 1996, Narcotics Agents James Kennedy Cotton, Art Thomas, and a confidential informant named Louis Pur-ley, met in Jefferson County, Mississippi to discuss plans to conduct an undercover drug investigation in Fayette, Mississippi. Agent Cotton searched Purley’s person and vehicle. Purley was provided a body transmitter and $60 in state funds. Purley traveled to a car wash. Agents Cotton and Thomas provided surveillance in their vehicle by listening to the transmissions over the body transmitter, but were unable to see the transaction.

¶ 3. Upon arriving at the car wash, Pur-ley asked a man if he knew where he could find some “smoke.” This man told Purley to drive around to the back. After driving around to the back, Purley was approached by a heavyset man. This person asked Purley what he wanted, and Purley replied that he wanted some “smoke,” $60 worth of crack cocaine. The heavyset man turned to another and said, “Red, there’s a guy over here wanting something.” “Red” approached the car and asked Purley how much he wanted. Purley told him and “Red” gave him three rocks of crack cocaine in exchange for fifty dollars. Purley gave $10 dollars to the first man who showed him where he could purchase the crack cocaine. After the purchase, Purley described “Red” to Agent Cotton as a black male, light complexion, small build, approximately 5’9” to 5’11”, 140 to 160 pounds, curly, salt and pepper hair, a beard and mustache, wearing a red short sleeve shirt, blue jeans, white gym shoes, and was approximately in his mid 50’s.

¶ 4. In August of 1996, Agent Cotton enlisted the help of the Sheriff of Jefferson County, Peter Walker, in identifying the suspect called “Red.” Sheriff Walker stated even though Johnny Crawford used the nickname “Cracker,” he has heard “street people” call him “Red.”

¶ 5. Agent Cotton prepared a photographic lineup that included a photograph of Crawford and presented it to Purley, who identified the picture of Crawford as the person from whom he bought crack cocaine on April 26,1996.

¶ 6. The defense called several witnesses including Larry Nichols and Ellis King. These witnesses stated that they had never known Crawford to use the nickname “Red.” Both witnesses were present at the car wash that night and stated that they did not see Crawford sell drugs.

¶ 7. Several other witnesses were called for the defense who also stated that they never knew Crawford to be called by the nickname “Red,” that they had never seen Crawford have a beard, and they had never seen Crawford wearing a short-sleeved shirt because Crawford had an injury to his right arm.

¶ 8. Crawford testified in his own defense. He rolled up his sleeve and showed the jury the disfiguring scar on his right elbow caused by a hunting accident and testified that he always wore long-sleeved shirts to cover the scar. He also testified that the only nickname he had ever used was “Cracker.” He stated that he had never seen the confidential informant, Pur-ley, until after his case began and that he never sold any illegal drugs to Purley. He also testified that he had never been involved with Kang or Nichols in the sale of illegal drugs.

¶ 9. After the jury deliberated, they found Crawford guilty of the sale of cocaine. At the sentencing hearing, the trial judge found that Crawford had, in 1985, pled guilty to five counts of possession of a controlled substance, but chose to disregard the enhancement provision and sentenced Crawford to thirty years in the Mississippi Department of Corrections.

[1138]*1138ANALYSIS

I. WHETHER THE TRIAL COURT ERRED IN NOT GRANTING THE DEFENDANT’S MOTION FOR MISTRIAL BASED ON THE STATE’S FAILURE TO COMPLY WITH CRIMINAL DISCOVERY?

¶ 10. The defense requested discovery as allowed by Rule 9.04 of the Uniform Circuit and County Court Rules requesting everything allowed in those rules. This request included the identity of all witnesses to the crime, regardless of whether the prosecution was planning to call them as witnesses in the trial of the matter.

¶ 11. Hearings were held on March 21, 1996 and April 18, 1997, where Crawford specifically requested that the prosecution identify the two witnesses mentioned in Agent Cotton’s report of the investigation. These two witnesses were the first man who directed Purley to the back of the car wash and the other was the heavyset man that told “Red” that Purley was looking for crack cocaine. The defense was repeatedly told that the prosecution had not been able to determine who these individuals were. However, during the course of the trial when Agent Cotton was testifying, he stated that he knew who these witnesses were and had even presented the case of one of them to the grand jury the previous week.

¶ 12. After Agent Cotton’s testimony, outside the presence of the jury, the defense moved the court to dismiss the charges due to the prosecution not disclosing the names and identities of these persons. The prosecution stated that it would not be calling either as witnesses. The defense argued that it should be allowed to interview the witnesses in case they could provide any exculpatory information. The trial court determined that the defense should be allowed an opportunity to talk with the two witnesses, as the court wanted to cure any problems that occurred, and that the court did not want Crawford prejudiced in anyway. After the recess, the trial court asked the defense if the problems had been cured. The defense attorney stated that the problem was remedied, but she would like to add the two witnesses to her witness list. The court responded such an action was fine, and again asked, “So the problems you’ve had with the failure to disclose have been cured; is that correct?” Defense counsel responded “Yes, sir.”

¶ 13. The United States “Supreme Court held that the due process clause of the Fourteenth Amendment is violated where the prosecution suppresses evidence favorable to and requested by an accused, where the evidence is material either to guilt or to punishment, and which is done irrespective of the good or bad faith of the prosecution.” White v. State, 532 So.2d 1207, 1212 (Miss.1988) (citing Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963)). “Exculpatory evidence in the possession of the prosecution must be turned over to the accused in a criminal proceeding.” Boches v. State, 506 So.2d 254, 263 (Miss.1987) (citing Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963)). “To determine whether the non-disclosure or non-production requires reversal, this Court must decide whether the ‘omitted evidence creates a reasonable doubt [as to the accused’s guilt] that did not otherwise exist.’ ” Boches,

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Related

Brady v. Maryland
373 U.S. 83 (Supreme Court, 1963)
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409 U.S. 188 (Supreme Court, 1972)
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United States v. Bagley
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White v. State
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Poole v. State
216 So. 2d 425 (Mississippi Supreme Court, 1968)
Strong v. State
600 So. 2d 199 (Mississippi Supreme Court, 1992)
Foster v. State
493 So. 2d 1304 (Mississippi Supreme Court, 1986)
Boches v. State
506 So. 2d 254 (Mississippi Supreme Court, 1987)
York v. State
413 So. 2d 1372 (Mississippi Supreme Court, 1982)
Brown v. State
534 So. 2d 1019 (Mississippi Supreme Court, 1988)
Gayten v. State
595 So. 2d 409 (Mississippi Supreme Court, 1992)
Thompson v. State
726 So. 2d 233 (Court of Appeals of Mississippi, 1998)
Holland v. State
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Pate v. State
419 So. 2d 1324 (Mississippi Supreme Court, 1982)

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Bluebook (online)
749 So. 2d 1135, 1999 Miss. App. LEXIS 486, 1999 WL 540895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crawford-v-state-missctapp-1999.