Scott v. State

796 So. 2d 959, 2001 WL 423316
CourtMississippi Supreme Court
DecidedApril 26, 2001
Docket1999-KA-01053-SCT
StatusPublished
Cited by26 cases

This text of 796 So. 2d 959 (Scott v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scott v. State, 796 So. 2d 959, 2001 WL 423316 (Mich. 2001).

Opinion

796 So.2d 959 (2001)

Sara SCOTT a/k/a `TIC'
v.
STATE of Mississippi.

No. 1999-KA-01053-SCT.

Supreme Court of Mississippi.

April 26, 2001.
Rehearing Denied October 18, 2001.

*960 Dwayne G. Deer, McComb, Attorney for Appellant.

Office of the Attorney General by Jean Smith Vaughan, Jackson, Attorneys for Appellee.

Before PITTMAN, C.J., MILLS and WALLER, JJ.

PITTMAN, C.J., for the Court:

¶ 1. This case arises on appeal from Sara Scott's conviction for distribution of cocaine. Scott was also accused of conspiracy to unlawfully distribute cocaine, which she successfully defeated when her motion for a directed verdict was granted. Scott was sentenced to a term of fifteen (15) years in the custody of the Mississippi Department of Corrections, with the first ten (10) years to be served and the remaining five (5) years to be served on post release supervision. Scott was also ordered to pay a $5,000 fine and restitution of $110 to the Mississippi Bureau of Narcotics plus attorney fees of $500 and court costs.

¶ 2. The circuit court denied Scott's motion for a new trial, or in the alternative, a j.n.o.v. Scott now appeals requesting a reversal of her conviction and a remand to circuit court for a new trial.

FACTS

¶ 3. Ginny Burrow, an undercover informant, bought drugs from Sara Scott, otherwise known as "Tic", at Scott's home on Climmons Road in Pike County on December 4, 1997. Law enforcement officers had placed a tape recording device on Burrow, searched her person and automobile, and provided her with one hundred dollars to purchase drugs. The recorder and transmitter were placed in Burrow's clothes for her protection and to collect incriminating evidence against Scott. Burrow had previously provided officers information about *961 an illegal crystal methamphetamine operation in Franklin County and had approached narcotics agent Art Thomas with an offer to act as an informant in the hope that it would help her reduce her sentence for twelve counts of check forgery.

¶ 4. As Burrow drove down Climmons Road toward Scott's house, she was followed closely by Agents Reeves and Aldridge, who only momentarily lost sight of her. The audio tape recorded Burrow approaching the house and Gatlin telling her to follow him to the back of the house. Burrow knew Scott and Jasper Gatlin, Scott's son, for six months prior to this drug transaction. Scott was in her bedroom watching a movie with her boyfriend. Burrow and Scott spoke for a few minutes before Burrow asked if she could purchase one hundred dollars' worth of crack cocaine. The audio tape of the transaction indicates Scott stated that she would do business as long as police were not involved. Scott told Gatlin to hand her a tray sitting on a dresser that had a large piece of crack cocaine placed on it. Scott subsequently asked Gatlin to cut off a piece for Burrow with a razor. Burrow gave Scott one hundred dollars for the crack, and Scott placed the crack in Burrow's hand. Burrow left, holding the piece of crack in her hand until delivering it to Agent Thomas. Once Burrow had driven back to the agents, they confiscated the crack from her as well as the audio tapes, recorder and transmitter. They also conducted another search of Burrow, finding that she no longer had the one hundred dollars they had given her to make the drug buy.

¶ 5. Burrow identified Scott as having a decorative gold cap on a tooth that could be slipped on and off. At trial Scott called defense witnesses who stated that they had never seen Scott wearing a gold tooth. Scott testified denying that she had ever sold drugs to anyone. She also denied that she had a gold tooth. She also pointed out that she was 4'11" and weighed approximately 190 pounds, instead of 5' and 150 pounds as described by Burrow. Testimony of Crime Lab employee Lea Heath at trial showed that the substance sold to Burrow weighed .5 grams and was indeed cocaine.

DISCUSSION

I. DID THE TRIAL COURT ERR IN NOT ALLOWING SCOTT TO CROSS EXAMINE GINNY BURROW ABOUT PENDING INDICTMENTS AGAINST HER?

¶ 6. Scott contends that she should not have been limited by the trial judge in her cross-examination of Burrow. Scott was allowed to question Burrow regarding her prior convictions, but not about whether there were any pending indictments against Burrow. Scott claims that questioning about Burrow's possible pending indictments should have been allowed because it could show why the witness may have been favorable to the State. A thorough review of the record does not reveal whether Burrow had any pending indictments at the time of her being questioned at this trial.

¶ 7. The attempted cross-examination and subsequent objection occurred as follows:

Q (by Mr. Luckett, attorney for Scott) Okay. And as you sit here now, you are presently under indictment for some other charges aren't you?
A (by Burrow) I believe those charges have been dropped.
Q You are presently under indictment, is that correct?
A Not that I know of.
MR. LUCKETT: May I approach, Your Honor?
*962 THE COURT: Yes, sir.
MS. JONES (attorney for the State): Your Honor, I would object to this line of questioning as being irrelevant and not offered for impeachment.
MR. LUCKETT: I'm just asking if she's under indictment, Your Honor.
THE COURT: Counsel, approach the bench, please.
(OFF THE RECORD DISCUSSION AT BENCH OUT OF HEARING OF COURT REPORTER AND JURY.)
THE COURT: Sustain the objection. Under Rule 6.09, if there is no conviction —
MR. LUCKETT: —Yes, sir.

¶ 8. The trial court sustained the objection based upon M.R.E. 609(a) which states:

RULE 609. IMPEACHMENT BY EVIDENCE OF CONVICTION OF CRIME
(a) General Rule. For the purpose of attacking the credibility of a witness, evidence that he has been convicted of a crime shall be admitted if elicited from him or established by public record during cross-examination but only if the crime (1) was punishable by death or imprisonment in excess of one year under the law under which he was convicted, and the court determines that the probative value of admitting this evidence outweighs its prejudicial effect on a party or (2) involved dishonesty or false statement, regardless of the punishment.

M.R.E. 609(a).

¶ 9. Scott claims that she should have been allowed to cross-examine about pending indictments to determine if there were any "deals" with the prosecution that could have influenced Burrow's testimony. Scott refers to M.R.E. 611 which states in pertinent part:

RULE 611. MODE AND ORDER OF INTERROGATION AND PRESENTATION
(a) Control by Court. The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment.
(b) Scope of Cross Examination. Cross-examination shall not be limited to the subject matter of the direct examination and matters affecting the credibility of the witness.
. . . .

M.R.E. 611. Scott asserts that M.R.E.

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Cite This Page — Counsel Stack

Bluebook (online)
796 So. 2d 959, 2001 WL 423316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-state-miss-2001.