Putman v. State

649 So. 2d 1328, 1994 WL 128979
CourtCourt of Criminal Appeals of Alabama
DecidedApril 15, 1994
DocketCR 92-1950
StatusPublished
Cited by2 cases

This text of 649 So. 2d 1328 (Putman v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Putman v. State, 649 So. 2d 1328, 1994 WL 128979 (Ala. Ct. App. 1994).

Opinion

BOWEN, Presiding Judge.

The appellant, Harold Dilton Putman, was convicted of burglary in the third degree, theft of property in the first degree, assault in the second degree, and sexual abuse in the [1329]*1329first degree. He was sentenced as a habitual felony offender to life imprisonment on each conviction, with the sentences to run concurrently. He was also convicted of robbery in the first degree and was sentenced to imprisonment for life without parole. He raises three issues on this direct appeal from those convictions.

I

The appellant contends that the prosecution failed to disclose information requested in a discovery motion made pursuant to Rule 16.1(c), A.R.Cr.P., and that this failure to disclose also violated Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). The appellant asserts that he was not provided a copy of the complete search warrant and inventory list of items seized pursuant to the execution of a search warrant. The appellant concedes that he was given copies of the search warrant and inventory list by the prosecution, but he argues that he was not given “the information that [he] need[s] here.” R. 131.

Two months before trial, the prosecution responded to the appellant’s discovery request by delivering to the appellant copies of the indictment, the search warrant, the appellant’s statement, and the inventory list. The prosecution informed the appellant by letter that: “If you feel you are entitled to anything more or different than what is attached hereto, please contact me. Any items of physical evidence are in the possession of law enforcement officials. If you wish to view those items, please contact me and we will make appropriate arrangements.” C.R. 10, R. 129-30.

The appellant had sufficient notice and sufficient opportunity to further inquire into this matter if he was not satisfied with the prosecution’s response to his discovery request. The prosecutor stated that he had given the appellant what was in the prosecution’s file and that the appellant could have checked with the clerk’s office and found “the original search warrant there.” R. 132. The trial court overruled the appellant’s objection to the prosecution’s alleged failure to produce and stated that “if you didn’t think the search warrant and inventory list that you got on March 24 were adequate, you had two months almost to the day today to call them up and say, ‘Where is the executed copy of the search warrant?’ or ‘Where is the complete inventory list?’” R. 133.

The appellant has not shown that the prosecution failed to disclose exculpatory evidence to the defense. “ ‘A Brady violation occurs where: 1) the prosecution suppressed evidence; 2) the evidence was favorable to the defendant; and 3) the evidence was material to the issues at trial.’” Johnson v. State, 612 So.2d 1288, 1293 (Ala.Cr.App.1992) (quoting Stano v. Dugger, 901 F.2d 898, 899 (11th Cir.1990). The appellant has not met any of these requirements. There was no evidence of a failure to disclose by the prosecutor or of any intent to prevent the appellant from acquiring the complete search warrant and inventory list. If the appellant was not satisfied with the prosecutor’s response to the discovery motion he did not notify the prosecutor of his dissatisfaction in the two months before trial.

In addition, the appellant failed to show how completed copies of the search warrant and inventory list were favorable to the defense or material to the issue of the appellant’s guilt.

“The trial court determines the admissibility of non-disclosed evidence as it may be ‘pertinent to the issue of the innocence or guilt of the accused.’ Brady v. Maryland, 373 U.S. 83, 90, 83 S.Ct. 1194, 1198, 10 L.Ed.2d 215 (1963)....
“‘The evidence suppressed must have been material, probative, vital and exculpatory to the accused.- A new trial is required only if the evidence undisclosed could, in any reasonable likelihood, have affected the judgment of the jury. In United States v. Agurs, [427 U.S. 97, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976) ], the United States Supreme Court stated that the correct rule is that a constitutional error has occurred if the omitted evidence creates a reasonable doubt that did not otherwise exist and that the omission must be evaluated in the context of the entire record.’ (Footnotes omitted.) [1330]*1330C. Gamble, McElroy’s Alabama Evidence, § 290.05(2) (3d ed. 1977).”

McNeely v. State, 524 So.2d 375, 377 (Ala.Cr.App.1986).

“ ‘The evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. A “reasonable probability” is a probability sufficient to undermine confidence in the outcome.’ ” Johnson v. State, 612 So.2d 1288, 1293 (Ala.Cr.App.1992) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. 3375, 3383, 87 L.Ed.2d 481 (1985)).

II

The appellant contends that it was error to admit his post-arrest tape-recorded statement into evidence because he had not been properly advised of all of his rights pursuant to Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

“Before any custodial statements may be allowed into evidence, the state must show that the defendant was read his Miranda rights and that his waiver of those rights was voluntary.” Holder v. State, 584 So.2d 872, 878 (Ala.Cr.App.1991). “ ‘Among the procedural safeguards established by the Miranda Court is the “right to cut off questioning.” 384 U.S. at 474, 86 S.Ct. at 1627. If the suspect indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease. Id. at 473-74, 86 S.Ct. at 1627; Martin v. Wainwright, [770 F.2d 918 (11th Cir.1985) ].’ ” Stewart v. State, 562 So.2d 1365, 1372 (Ala.Cr.App.1989).

“[0]nce Miranda warnings have been given and a waiver made, a failure to repeat the warnings before a subsequent interrogation will not automatically preclude the admission of an inculpatory response. Whether the Miranda warnings must be repeated depends on the facts of each individual case, with the lapse of time and the events which occur between interrogation being relevant factors to consider.” Hollander v. State, 418 So.2d 970, 972 (Ala.Cr.App.1982) (citations omitted).

The evidence shows that Investigator John David Richardson failed to advise the appellant before interviewing him that “you can decide at any time to exercise these rights and not answer any questions or make any statements.” R. 147. However, Investigator Junior Witt testified that the appellant had been given the proper and full Miranda

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Related

Houston v. State
798 So. 2d 704 (Court of Criminal Appeals of Alabama, 2000)
McWhorter v. State
781 So. 2d 257 (Court of Criminal Appeals of Alabama, 1999)

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Bluebook (online)
649 So. 2d 1328, 1994 WL 128979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/putman-v-state-alacrimapp-1994.