Liddell v. State

33 So. 3d 524, 2010 Miss. App. LEXIS 183, 2010 WL 1444540
CourtCourt of Appeals of Mississippi
DecidedApril 13, 2010
Docket2008-KA-00747-COA
StatusPublished
Cited by4 cases

This text of 33 So. 3d 524 (Liddell 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
Liddell v. State, 33 So. 3d 524, 2010 Miss. App. LEXIS 183, 2010 WL 1444540 (Mich. Ct. App. 2010).

Opinion

BARNES, J., for the Court:

¶ 1. Brenda Liddell was convicted in the Circuit Court of Tunica County of selling cocaine. She was sentenced to three years, with the sentence to run consecutively to a previously imposed sentence, 1 in the custody of the Mississippi Department of Corrections (MDOC)'. On appeal, Liddell raises three issues, contending: (1) introduction of improper testimony from the confidential informant (C.I.) about prior drug transactions with Liddell, (2) ineffective assistance of counsel, and (3) inadequate weight and sufficiency of the evidence. We find no error and affirm.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

¶ 2. In December 2006, Mississippi Bureau of Narcotics (MBN) Agent Louis Hawkins, MBN Agent Maeena Cody, and a C.I., set up an undercover drug buy at Brenda Liddell’s trailer at 1002 Clark Cove near Tunica, Mississippi. The C.I. stated the area is a known drug area. He had been to “the Cove” numerous times in the past to purchase narcotics for himself.

¶ 3. The individuals met at a pre-buy location, where the C.I. was outfitted with a hidden camera and an audio recorder and given $150 in state funds to purchase the narcotics. The MBN agents thoroughly searched his body and vehicle for drugs to ensure he had no drugs of his own before he performed the buy. Having set up the purchase with Liddell the night before, the C.I. drove to Liddell’s trailer to purchase crack cocaine. The MBN agents established a surveillance position nearby, where they could hear what transpired during the buy from the relay of the audio *528 recorder. The C.I. pulled up to the trailer, and Liddell was at the door. An unidentified individual was just leaving the residence. The C.I. entered the trailer and talked to Liddell, telling her he wanted to purchase $150 worth of crack cocaine. He put the money on the kitchen counter, and she told him to go outside; so the C.I. went to his vehicle and waited. The C.I. later explained that usually Liddell did not personally accept the money or hand over the narcotics; the “runner” did. A few moments later, Liddell and Catherine “Doll” Bogan came to the trailer’s door, and Bogan threw a little plastic container into the front yard for Liddell. The C.I. retrieved the container, checked its contents, and went up to the door of the trailer, asking Liddell if she had any pain pills or ecstasy for future buys. She stated that she did not deal with ecstasy, but she could get him as many Xanax pills as he wanted at two dollars per pill. After making the cocaine purchase, the C.I. drove to the post-buy location, where he turned over the container of crack cocaine, which he had just purchased, to the MBN agents.

¶ 4. Liddell was indicted for sale of a controlled substance pursuant to Mississippi Code Annotated section 41-29-139(a)(l) (Rev.2005). At trial, after the State’s opening statement in which the prosecutor stated that the C.I. had bought drugs from Liddell numerous times, the defense requested the trial judge instruct the C.I. not to refer to these other buys from Liddell, as it would unduly prejudice her. The State countered that it sought to introduce probative testimony which would be admissible under Mississippi Rule of Evidence 404(b) to show there was a “common plan” or a particular way that Liddell conducted her drug sales. The trial judge accepted the State’s argument and asked counsel to address whether the probative value of this testimony outweighed its prejudicial effect. After hearing their arguments, the trial judge concluded it did. The judge then requested the parties draft a proposed limiting instruction. The State offered the proposed instruction, which stated that the C.I.’s testimony on other drug buys should not be considered proof of guilt. The defense entered a continuing objection to the testimony.

¶ 5. At trial, Agent Hawkins testified for the State, during which the audio and video recordings of the drug buy were admitted into evidence, as well as the crack cocaine and its container. Agent Hawkins was familiar with Liddell’s voice and confirmed that she was the person who was speaking on the audio recording during the drug purchase, and in fact, the C.I. called Liddell by name on the recording. Agent Hawkins stated that the C.I. was paid for the covert drug buy; he was not “working off’ any charges, and the C.I. had been used in about ten cases. Agent Hawkins also confirmed that the C.I. had stated he bought some “bad dope” from Liddell in the past.

¶ 6. Over the defense’s objection, the C.I. testified that he had bought drugs on previous occasions at Liddell’s residence for his personal consumption. He explained how she usually never took the money or gave the drugs by hand; instead, she had a runner do it. The C.I. stated that it was very unusual that Liddell came to the front door. The State played the audio and video recording of the transaction with the defense requesting the entire recording, not just the relevant portions, be played. After the C.I.’s examination by both the State and the defense, the court gave the limiting instruction.

¶ 7. Finally, Gary Fernandez, a drug analyst for the Mississippi Crime Laboratory, took the stand for the State. After being qualified as an expert in forensic *529 science, Fernandez testified that the substance found in the container was 1.8 grams of “base form,” or crack cocaine.

¶ 8. The defense’s only witness, Bogan, testified that she often spent the night at Liddell’s home, as did other individuals. Bogan stated she had seen the C.I. several times in Clark Cove. While she admitted she was incarcerated at the time of trial for another charge, she stated she was not charged in this case and denied that she was involved in any exchange of money for a drug purchase that day. Also, while she did not remember the day at issue, Bogan claims neither she nor Liddell threw the narcotics to the C.I. from the trailer. Bo-gan also maintained that she would not lie for her friend, Liddell; however, she admitted that they had smoked drugs together, and she is a recovering crack addict. She also denied that she was Liddell’s “runner” or that she and Liddell had ever sold drugs in Clark Cove.

¶ 9. However, on cross-examination, the State impeached Bogan’s testimony, as she is currently serving time for selling drugs at 1002 Clark Cove. However, Bogan maintained regarding that charge that she did not “know what was in the package ... on the deep freeze,” except she knew it was not cocaine. Then, Bogan confusingly explained she “took the charge because [she] did it.” Bogan also denied that Clark Cove is a known drug area.

¶ 10. The jury deliberated briefly before finding Liddell guilty as charged. The trial judge sentenced her to three years in the custody of the MDOC, with the sentence to run consecutively to her prior sentence in another drug sale case. Liddell filed a motion for judgment notwithstanding the verdict (JNOV) or, in the alternative, for a new trial, which the trial judge denied. Liddell timely appeals. 2

ANALYSIS OF THE ISSUES

I. Testimony of the C.I. and Liddell’s Prior Drug Transactions

¶ 11. Liddell argues that the trial court erred in allowing, pursuant to the exceptions listed in Rule 404(b), the C.I. to testify about prior drug purchases from her.

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Bluebook (online)
33 So. 3d 524, 2010 Miss. App. LEXIS 183, 2010 WL 1444540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liddell-v-state-missctapp-2010.