Ronald Joseph Galloway v. State of Mississippi

187 So. 3d 1056, 2015 Miss. App. LEXIS 622, 2015 WL 7729471
CourtCourt of Appeals of Mississippi
DecidedDecember 1, 2015
Docket2014-KA-00328-COA
StatusPublished

This text of 187 So. 3d 1056 (Ronald Joseph Galloway v. State of Mississippi) 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
Ronald Joseph Galloway v. State of Mississippi, 187 So. 3d 1056, 2015 Miss. App. LEXIS 622, 2015 WL 7729471 (Mich. Ct. App. 2015).

Opinion

ISHEE, J.,

for the Court:

¶ 1. In 2013, Ronald Joseph Galloway was convicted by a jury in the Hancock County Circuit Court of possessing less than thirty grams of marijuana, with the intent to distribute within 1,500 feet of a public park. He was sentenced as a habitual offender to twenty years in the custody of the Mississippi Department of Corrections (MDOC) without the possibility of parole or probation. Aggrieved, he appeals, claiming the evidence was insufficient to support the verdict and that the circuit court erred by admitting his confession into evidence. Finding no error, we affirm.

STATEMENT OF FACTS

¶2. On August 26, 2011, Detectives James Burch and Robert O’Neal, narcotics specialists with the Bay Saint Louis Police Department in Bay Saint Louis, Mississippi, were working with a confidential informant who was performing “buy-walk operations.” In the buy-walk operations, the informant was sent undercover to buy narcotics at random locations in areas known for high instances of narcotics sales. The informant was equipped with two recording devices — one allowed Detectives Burch and O’Neal to hear everything as it was taking place, while the other served as a standard audio and video recording device that could be accessed at a later time.

¶3. While the informant was biking through Martin Luther King Jr. public park — a park well known for narcotic-related activity — he was flagged down by a man. A conversation ensued between the two men regarding what type of drugs the informant was seeking. The informant told the man that he was looking for crack cocaine. At that point, the man retrieved a brown paper bag from a nearby trash can and told the informant that he did not have crack cocaine but that he could sell him marijuana. The informant told the man that he did not have money to purchase the marijuana at that time, but that he would try to come back later.

¶ 4. As the informant began biking away, he gave the detectives listening to the recording device a description of the man who had attempted to sell him marijuana. The informant stated that the man was a black male between five feet eight inches tall and five feet eleven inches tall. He was wearing a stocking skull cap, a black t-shirt with a blue logo on it, black jeans, and dress shoes.

¶5. Detectives Burch and O’Neal gave nearby Bay Saint Louis Police Department patrol officers the description the informant had given them. Officers Randall Darty and Don Gray immediately responded and observed a man sitting on a bench in the park wearing the exact clothing described by the informant. Office Darty approached the man and asked for the man’s identification. Officer Darty testified that the man refused to cooperate and soon became belligerent and loud. As Officer Darty walked closer to the man, he observed a bulge in the man’s right pocket. Officer Darty then asked the man to place his hands on the handrail of the bench so that he could identify the bulge in the man’s pocket. Instead of complying, the man fled from Officer Darty. As he was running away, Officer Darty noticed a light blue and white design on the back of the man’s jeans and also noticed him drop a *1058 brown paper bag from his right hand. Officer Gray continued the pursuit while Officer Darty stayed behind to retrieve the bag the man had dropped and to radio to other nearby units to pursue the,.man. Officer Darty testified that the bag contained multiple small bags of marijuana.

¶ 6. Approximately thirty minutes later, while searching for the suspect, Detectives O’Neal and Burch encountered Galloway. The detectives noted that he matched the descriptions that the informant and Officer Darty had provided. However, Galloway was wearing a different shirt and shoes, and he was. not wearing a stocking skull cap. Nonetheless, he was wearing black jeans with a blue and white design on the back, seemingly identical to what Officer Darty had described. The detectives observed that Galloway was breathing heavily and sweating. They immediately called Officer Darty. Officer Darty arrived on the scene and' positively identified Galloway as the man he had encountered in the park.

¶ 7. Galloway was taken into custody and transported to the Bay Saint Louis Police Station. As he was being handcuffed, Galloway was read his Miranda 1 rights. When he arrived at the police station, he was interviewed by Detectives Burch and O’Neal. He agreed to waive his rights and givé the detectives a statement. Galloway informed the detectives that he had a fifth-grade education and could not read or write.' As such, Detective O’Neal read to Galloway a form 'advising him of his rights and a form allowing Galloway to waive his rights. Galloway signed the waiver-of-rights form. He was then videotaped and audiotaped while he admitted to possessing the marijuana in question with an intent to sell it.

¶ 8. Galloway was indicted by a grand jury in November 2012 for one count of possession of a controlled substance with intent to distribute it within 1,500 feet of a public park. He pleaded not guilty. A trial ensued in .2013. - Prior to the trial, Galloway’s counsel filed a motion to suppress Galloway’s confession. The circuit judge denied the motion, and the confession was admitted into .evidence during the trial. Also admitted into evidence was the Mississippi State Crime Lab’s analysis of the substance found in the brown paper bag. The analysis showed that the substance was less than thirty grams of marijuana. The jury ultimately found Galloway to be guilty. Galloway moved for a judgment notwithstanding the verdict (JNOV), which was denied. The circuit judge then sentenced Galloway as a habitual offender to twenty years in the custody of the MDOC without the possibility of parole or probation.. ,

¶ 9. On appeal, Galloway asserts that the circuit judge erred by denying his motion for a JNOV because the evidence was insufficient to support the conviction and that the circuit judge erred by allowing the confession to be admitted into evidence.

DISCUSSION

¶ 10. A motion for a directed verdict and a motion for a JNOV both challenge the sufficiency of the evidence. Bush v. State, 895 So.2d 836, 843 (¶ 16) (Miss.2005). The Mississippi Supreme Court has noted that in considering the denial of motions for a directed verdict and a JNOV, “the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Id. (quoting Jackson *1059 v. Virginia, 443 U.S. 307, 315, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)).

¶ 11. Hence, the underlying question is whether any rational trier of fact could have found, beyond a reasonable doubt, that Galloway knew that the brown paper bag contained marijuana, possessed dominion and control over the bag, and had intended to sell the marijuana while in the park. See Jackson v. State, 689 So.2d 760, 767 (Miss.1997); Berry v. State, 652 So.2d 745, 748 (Miss.1995); Campbell v. State, 566 So.2d 475, 477 (Miss.1990).

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

Related

Miranda v. Arizona
384 U.S. 436 (Supreme Court, 1966)
Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
Berry v. State
652 So. 2d 745 (Mississippi Supreme Court, 1995)
Campbell v. State
566 So. 2d 475 (Mississippi Supreme Court, 1990)
Scott v. State
8 So. 3d 855 (Mississippi Supreme Court, 2008)
Bush v. State
895 So. 2d 836 (Mississippi Supreme Court, 2005)
Morgan v. State
681 So. 2d 82 (Mississippi Supreme Court, 1996)
Jackson v. State
689 So. 2d 760 (Mississippi Supreme Court, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
187 So. 3d 1056, 2015 Miss. App. LEXIS 622, 2015 WL 7729471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ronald-joseph-galloway-v-state-of-mississippi-missctapp-2015.