Galloway v. State

735 So. 2d 1117, 1999 WL 185612
CourtCourt of Appeals of Mississippi
DecidedApril 6, 1999
Docket97-KA-01187-COA
StatusPublished
Cited by3 cases

This text of 735 So. 2d 1117 (Galloway 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
Galloway v. State, 735 So. 2d 1117, 1999 WL 185612 (Mich. Ct. App. 1999).

Opinion

735 So.2d 1117 (1999)

Jerome Joseph GALLOWAY, Appellant,
v.
STATE of Mississippi, Appellee.

No. 97-KA-01187-COA.

Court of Appeals of Mississippi.

April 6, 1999.

*1118 Harry B. Ward, Attorney for Appellant.

Office of the Attorney General by Jeffrey A. Klingfuss, Attorney for Appellee.

BEFORE McMILLIN, C.J., KING, P.J. AND DIAZ, J.

KING, P.J., for the Court:

¶ 1. Jerome Joseph Galloway was found guilty of the transfer of a schedule II controlled substance, cocaine, and subsequently sentenced to serve a term of sixty years, with fifteen years suspended, in the *1119 custody of the Mississippi Department of Corrections. Feeling aggrieved by both the conviction and sentence, Galloway has appealed and assigned the following as error:

I. THE EVIDENCE WAS INSUFFICIENT TO MAINTAIN A CONVICTION
II. THE JURY WAS IMPROPERLY INSTRUCTED REGARDING GALLWAY'S PRIOR CONVICTION.
III. THE JURY WAS IMPROPERLY IMPANELED IN VIOLATION OF MISS. CODE ANN. § 13-5-25.
IV. THE JURY DID NOT FOLLOW THE COURT'S INSTRUCTIONS; BUT, INSTEAD ALLOWED THEMSELVES TO BE SWAYED BY THEIR OWN BIASES AND PREJUDICES BASED ON THE NATURE OF GALLOWAY'S CHARGES, HIS APPEARANCE, AND HIS PREVIOUS CONVICTION.

Facts

¶ 2. On July 23, 1996, at approximately 8:40 p.m., Hancock County law enforcement conducted a sting operation to make drug buys from street level dealers. Officer Richard Kelly made two undercover buys. On May 12, 1997, Jerome Joseph Galloway was indicted by the Hancock County grand jury for the sale or transfer of cocaine to an undercover officer, Officer Kelly.

¶ 3. During the trial of this matter, Detective Jeff Hair testified that he issued Officer Kelly a $20 bill. Detective Hair testified that the second buy was "unexpected" and that Officer Kelly used personal funds to purchase the drugs. Officer Kelly testified that he was issued $40 in official funds to make the buy. However, in his notes made after the buy, Officer Kelly indicated that he was issued only $20 in official funds. When cross-examined regarding this discrepancy, Officer Kelly responded that he was issued additional funds "in case on [his] way out that [he would be] stopped by another subject to make a purchase."

¶ 4. Officer Kelly made two buys on the night in question. Officer Kelly's vehicle was equipped with an infrared surveillance camera to record the transactions. The violator in the first sale could not be identified from the videotape.

¶ 5. Officer Kelly testified that he was flagged down by an individual in Bay St. Louis at the intersection of Washington and Old Spanish Trail where he made the second buy. Officer Kelly testified that Galloway approached the vehicle and Officer Kelly asked him for a "dove," i.e., crack cocaine. Galloway then entered the passenger compartment of Officer Kelly's vehicle, made the sale, and was dropped off by Officer Kelly further down Washington Street. Officer Kelly made an in-court identification of Galloway as the person from whom he made the buy.

¶ 6. Officer Kelly testified that he did not notice tattoos on Galloway's left arm and nose due to the darkness and because the dome light in his vehicle was purposefully disabled to prevent distortion of the infrared video surveillance.

¶ 7. Investigator Brett Ladner testified for the State that he also participated in the "buy/walk"[1] operation on the night of July 23, 1996. Investigator Ladner testified that he monitored Officer Kelly's buy over the transmitter. After the buy, Officer Kelly met the rest of the surveillance team at the predisclosed location at which time Investigator Ladner performed a field test on the substance, which tested positive for cocaine.

¶ 8. Investigator Ladner further testified that Galloway's brother, Kevin Galloway, was initially arrested in the roundup for the transfer. This mistake was discovered *1120 when Detective Tom Burleson noticed that Kevin was in jail and suggested that he was not the right person. Investigator Ladner subsequently provided Detective Burleson with the video and a still photograph of the buy. Upon review, Detective Burleson identified the violator as Kevin's brother, Jerome Galloway.

¶ 9. Detective Burleson testified that he had known the Galloways, Kevin and Jerome, for twelve years. Detective Burleson testified that he was at the jail because Jerome Galloway's probation officer asked him to pick Jerome Galloway up for a probation violation. While there, he noticed Kevin in a cell and inquired of him why had he been arrested, Kevin responded selling drugs. He immediately felt something was amiss because, "out of all the times dealing with [Kevin], [he] never dealt with him for dealing dope." He further testified that upon viewing the video and still photograph he told Investigator Ladner, "Well, that's not Kevin. That's Jerome."

¶ 10. The State next called Kevin Galloway as a part of its case-in-chief. He was shown a copy of the still photograph taken from the video. Kevin Galloway was asked to identify the person depicted in the photograph. He responded that he had no idea who the person was and never seen that photograph. Kevin testified that he had previously identified a photograph which depicted a man using a public telephone as his brother, Jerome.

¶ 11. Clara Galloway, the mother of Kevin and Jerome, next testified for the State. She also denied that the person in the photo was Jerome. When asked had she been previously shown a photograph by Detective Burleson, she testified that the photograph was of her son, Jerome, on the telephone.

¶ 12. The State recalled Officer Burleson who testified that he only had one photograph of Jerome Galloway, the photograph Investigator Ladner provided from the video. He testified that he showed the photograph to Clara Galloway and that she responded, "Tom, you know who that is.... That's my son, Jerome." Detective Burleson stated that after he informed Ms. Galloway that Jerome denied that that photograph depicted his likeness she responded, "Well, why does he want to lie?"

¶ 13. The State rested and Galloway moved for directed verdict. The trial court found that the State had made out its prima facie case and denied the motion.

¶ 14. Galloway first called Officer Ernest L. Taylor, Sr. to testify. He identified the person in the video and the still photograph as Kevin Galloway.

¶ 15. Next, Galloway called Officer Thyra Labat to testify. She testified that she had identified the person seen in the video as Kevin Galloway. On cross-examination, she stated a present belief that the person in the video was Jerome.

¶ 16. Valerie Halton testified that she was Jerome Galloway's girlfriend and that they were together on the night of July 23, 1996 at approximately 8:30 p.m. She based her testimony on a recollection of being caught that night having sexual relations with Jerome in Buccaneer State Park by a park ranger.

¶ 17. Next, Jerome Galloway testified on his own behalf and denied that he was the person that appeared on the videotape.

¶ 18. Mildred Wilson testified that she operates a half-way house for ex-offenders and that Jerome Galloway became a resident there on April 1, 1997. She testified that she was not familiar with Jerome Galloway's reputation in the community for truth.

¶ 19. Finally, Jerome Galloway called Dorothy diBeneditto to testify on his behalf. Ms. diBeneditto testified that she had known Jerome since he was five or six years old.

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Related

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Cite This Page — Counsel Stack

Bluebook (online)
735 So. 2d 1117, 1999 WL 185612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galloway-v-state-missctapp-1999.