Moore v. State

502 So. 2d 882
Court of Criminal Appeals of Alabama·Decided February 10, 1987·Published·Cited by 5 cases

Opinion

502 So.2d 882 (1987)

Donald Eugene MOORE
v.
STATE.

5 Div. 152.

Court of Criminal Appeals of Alabama.

February 10, 1987.

William P. Fuller, Jr., Lafayette, for appellant.

Charles A. Graddick, Atty. Gen., and Rivard Melson, Asst. Atty. Gen., for appellee.

BOWEN, Presiding Judge.

In a two-count indictment, Donald Eugene Moore was convicted for the unlawful possession of marijuana and the unlawful possession of hydrocodone, codeine, and butalbital. He was sentenced to twenty-five years' imprisonment as a habitual offender. On appeal, Moore contends that the trial judge's examination of a defense witness substantially prejudiced his right to a fair trial and invaded the province of the jury on the credibility of the witness and the weight of her testimony.

An issue at trial was the defendant's knowledge of the presence of the drugs found in the "trailer that has been sort of modified into a house." The State presented testimony that this house was the defendant's residence and that he lived there with his girlfriend, Julie Meghan.

The first defense witness was Joyce Moore, the defendant's mother. She testified that the defendant only "stayed" in the trailer "part of the time," that it was not under his exclusive control, and that other people used the trailer for storage. She stated that a number of people had access to the trailer, and that there were keys to that building which were not accounted for.

We can only characterize the prosecutor's cross-examination of Mrs. Moore as *883 brief, incomplete, and perfunctory. After the prosecutor stated "nothing further," the trial judge examined Mrs. Moore:

"THE COURT: When was the last time you looked for it [marijuana]?
"THE WITNESS: When I went up there, sir, I went up to get what would be loaned to me.
"THE COURT: Okay. Whose is that thing right there?
"THE WITNESS: I have no idea. I've never saw that.
"THE COURT: If a thing like that were found in that house, do you think you would have seen it if it had been—
"THE WITNESS: I believe I would as tall as that is, yes, sir.
"THE COURT: Okay. Now, whose marijuana was that in your house?
"THE WITNESS: I have no idea. I don't.
"THE COURT: You don't have any idea. Well, who stayed there more than anybody else?
"THE WITNESS: They all three stayed up there part time, and Cindy was over there quite a bit.
"THE COURT: Now, Ms. Moore, isn't it true that you know that your son stayed there more than anybody else, don't you?
"THE WITNESS: He stayed there part-time, yes, sir.
"THE COURT: And it was your place, wasn't it?
"THE WITNESS: Yes, sir.
"THE COURT: And he's your son?
"THE WITNESS: Yes, sir.
"THE COURT: And, if it weren't for his contact with it, there wouldn't be anybody staying there? You didn't invite those girls to stay over there, did you?
"THE WITNESS: No, sir. I did not.
"THE COURT: Were they staying over there for your benefit in some way?
"THE WITNESS: No, sir.
"THE COURT: They weren't your friends, were they?
"THE WITNESS: Julie was.
"THE COURT: Well, how did they happen to be in the place? Was it because you invited them there?
"THE WITNESS: No, sir, but they also came to my house.
"THE COURT: Wonder who invited them there. Do you have any idea who invited them there?
"THE WITNESS: Well, sir, if you would allow me to say, she called—
"THE COURT: I will allow you to answer my question, Ms. Moore.
"THE WITNESS: She called constantly over to the house.
"THE COURT: No, ma'am. That's not answering my question. And I'm telling you to answer my question right now. Who had access to the building? Your son did, didn't he?
"THE WITNESS: At times, yes, sir.
"THE COURT: And that's because you let him have access, didn't you?
"THE WITNESS: Yes, sir.
"THE COURT: And you didn't let any of those other people, did you?
"THE WITNESS: I let Julie.
"THE COURT: All right. You let Julie have access to it?
"THE WITNESS: Yes.
"THE COURT: Is it Julie's marijuana?
"THE WITNESS: Not that I know of.
"THE COURT: Have you asked her?
"THE WITNESS: I did not know there was any marijuana up there.
"THE COURT: Have you asked her if it was her marijuana?
"THE WITNESS: I've asked her, and she told me it wasn't.
"THE COURT: And so you believe her, don't you?
"THE WITNESS: Yes, sir, I believe her until I find out different, then she'll be gone. Because I don't believe in it.
"THE COURT: Okay. Now, your son was up there, wasn't he?
*884 "THE WITNESS: Yes, sir.
"THE COURT: All right. And if anybody else was there, it's because he let them there, wasn't it?
"THE WITNESS: I would assume so, yes, sir.
"THE COURT: Were there other members of your family that had access to it?
"THE WITNESS: Yes, sir.
"THE COURT: Any of them involved in drugs so that they would have that stuff up there?
"THE WITNESS: No, sir. No, sir, that I know.
"THE COURT: There is not any likelihood that any of them—they didn't stay there on a regular basis, did they?
"THE WITNESS: No, sir.
"MR. FULLER [Defense Counsel]: Judge, we would respectfully object to this line questioning.
"THE COURT: Okay. You have your objection, and it's overruled.
"What was the last time you were in there before this search?
"THE WITNESS: It had been about four or five days, sir. I had company from Ohio, and I was pretty well busy tied up at my house.
"THE COURT: All right. What was the occasion for you being up there the last—
"THE WITNESS: I went to get something out of the back purple bedroom we call it which is at the back end of the trailer.
"THE COURT: Did you have occasion to go in the front bedroom?
"THE WITNESS: No, sir. I did not go in the front bedroom.
"THE COURT: How long has it been since you had been in the front bedroom?
"THE WITNESS: It had been a couple of weeks I would say.
"THE COURT: What did you do when you went in the front bedroom?
"THE WITNESS: I walked through there to the other room.
"THE COURT: Did you ever look under the mattress?
"THE WITNESS: No, sir, I did not.
"THE COURT: When was the last time you had looked under the mattress?

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

Moore v. State, 502 So. 2d 882 (Ala. Ct. App. 1987).

502 So. 2d 882 (Moore v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Hammonds v. State
777 So. 2d 750 (Court of Criminal Appeals of Alabama, 1999)
Stroud v. State
592 So. 2d 653 (Court of Criminal Appeals of Alabama, 1991)
Weaver v. State
536 So. 2d 165 (Court of Criminal Appeals of Alabama, 1988)
McNeely v. State
524 So. 2d 375 (Court of Criminal Appeals of Alabama, 1988)
Poores v. State
528 So. 2d 350 (Court of Criminal Appeals of Alabama, 1987)