State v. Buchanan

800 N.W.2d 743, 2011 Iowa App. LEXIS 806, 2011 WL 1584339
CourtCourt of Appeals of Iowa
DecidedApril 27, 2011
DocketNo. 10-0157
StatusPublished
Cited by6 cases

This text of 800 N.W.2d 743 (State v. Buchanan) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Buchanan, 800 N.W.2d 743, 2011 Iowa App. LEXIS 806, 2011 WL 1584339 (iowactapp 2011).

Opinion

DANILSON, J.

Isaiah Tyrell Buchanan appeals from the judgment and sentence entered on his conviction following a jury trial for possession of crack cocaine with intent to deliver, in violation of Iowa Code section 124.401(l)(c) (2009). Buchanan contends his counsel was ineffective for failing to object to questions submitted by jurors to be asked of witnesses. Buchanan further alleges the district court erred in denying his motion and request to make an offer of proof in regard to the admission of testimony concerning the arresting officer’s reputation and conduct. Upon our review, we find Buchanan’s ineffective assistance of counsel must fail because we find no breach of counsel’s duty or prejudice. We further conclude the court exercised sound discretion in rejecting Buchanan’s requests to admit additional testimony of the arresting officer where the probative value, if any, of the challenged evidence was outweighed by the danger of unfair prejudice that would accompany its admission. We affirm Buchanan’s conviction and sentence.

I. Background Facts and Proceedings.

At around 7 p.m. on August 30, 2009, Waterloo Police Officers Steven Bose and Jamie Sullivan stopped to eat at a Mexican restaurant near downtown Waterloo. As they waited for their food, Officer Sullivan observed Buchanan standing outside by the drive-up window. Aware that Buchanan had an outstanding warrant, the officers walked out the front door to confirm it was him. In the parking lot, Officer Bose saw Buchanan approaching a truck, possibly to make a drug deal.

[746]*746Both officers called to Buchanan, asking him to “hold up.” Buchanan replied, “What, I ain’t done nothing wrong,” and turned away. Buchanan then started running away from the officers. His right hand was in his pocket. The officers ran after Buchanan. Officer Sullivan, the faster runner, followed on Buchanan’s left side, while Officer Bose followed slightly behind on the right. As Buchanan ran past a large Kwik Star gas station, Officer Bose saw him drop a small clear plastic bag from his right hand. Officer Bose stopped immediately to retrieve the bag.

Officer Sullivan continued in pursuit. He did not see Buchanan drop the plastic bag, but heard Officer Bose yell out that Buchanan had thrown something. Officer Sullivan caught up with Buchanan behind Kwik Star and had to use a taser to subdue him. He seized a cell phone and five dollars from Buchanan’s pocket.

Testing later confirmed the plastic bag Buchanan dropped contained five individually wrapped “rocks” of crack cocaine, weighing between .09 and .14 grams each with a total weight of .59 grams. Investigator Kristin Hoelscher testified she did not check for fingerprints because it is rare to find fingerprints on bags like the one Buchanan possessed, and the bags are small, “wrinkled,” and often “passed back and forth between many different people” or “kept in people’s mouth or people’s bodily orifices.”

Investigator Kye Richter testified the crack cocaine rocks in the bag were worth about $20 each, for a total value of $100. He believed the quantity of crack was consistent with distribution, not personal use. Investigator Richter explained that users typically carry pipes to smoke the drugs, and are not usually arrested with intact rocks because they smoke “immediately or within five or ten minutes” after they purchase the drugs. However, as Investigator Richter testified, “streetlevel dealers” usually carry “three to four rocks” at a time and “commonly” use cell phones to arrange deals.

Buchanan testified he was walking from his parents’ house to the nearby liquor store to buy condoms and beer. When officers approached, he panicked and ran away. Buchanan said he did not run because of the outstanding warrants; instead, he testified he fled because he was afraid the police would shoot him. He said he never dropped anything out of his pocket. Instead, he testified that he put his cell phone in his right pocket and then held up his baggy pants while he ran away.

The State charged Buchanan with possession of crack cocaine with intent to deliver. On the first day of trial, the court heard arguments on a motion to determine admissibility of evidence regarding State’s witness filed by Buchanan. The motion sought, among other things, to introduce evidence relating to Officer Bose’s professional conduct and reputation relating to Officer Bose’s delay in writing a report about Buchanan’s arrest. Buchanan also requested to make an offer of proof on the issue. The court denied the motion and did not allow Buchanan to make an offer of proof, but allowed him to file a bill of exceptions to record the evidence he requested.

Later during trial, jurors were allowed to submit questions directed to several of the State’s witnesses. The court discussed the questions with the parties out of the presence of the jury and decided that two questions were proper, which the court later asked of the witnesses. Counsel was then allowed to conduct additional re-direct and re-cross examination. There was never any direct communication between the jurors and the witnesses.

[747]*747The jury subsequently returned a guilty verdict, finding Buchanan guilty of possession of crack cocaine with intent to deliver. Following imposition of judgment and sentence, Buchanan appeals.

II. Juror Questions.

At one of the breaks during the State’s case, a juror asked the court attendant whether the jury was permitted ask questions of witnesses. This question was relayed to the court. The court subsequently acknowledged to the jury that such a procedure existed, and explained:

There is a procedure for a juror to ask a question and this is the procedure: First, you have to write that question down. Then the court attendant will give that question to me. We’ll take a recess so that the attorneys and I can discuss that question outside of your hearing. We’ll bring you back in and if the decision is that the question should be asked, I will then read the question to the witness and the witness will answer that question.

The court then allowed the jurors with questions to write them down and recessed to allow the parties to review the questions and decide if any were appropriate. Defense counsel did not object to this procedure.

Three jurors submitted questions at the end of Officer Sullivan’s testimony. Juror 1 had four questions, one of which the court determined was proper (“How was the defendant addressed by the officers before he ran? By name or ‘Hey You’?”). Juror 2 had three questions, one of which the court determined was proper (‘Were the suspect’s fingerprints on the bag?”), but was more properly answered by a different witness. Juror 3 had two questions, neither of which was found to be appropriate.

The jury was allowed back into the courtroom, and the court explained “[tjhere are certain rules that permit and do not permit certain questions to be asked.” The court then read Juror l’s question to the witness:

COURT: Question: How was the defendant addressed by the officers before he ran, by name or, hey you?
OFFICER SULLIVAN: By his name.

The State declined the opportunity to ask further questions, but defense counsel asked one follow-up question:

DEFENSE COUNSEL: It was Officer Bose that yelled for Mr. Buchanan; correct?
OFFICER SULLIVAN: Correct.

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Cite This Page — Counsel Stack

Bluebook (online)
800 N.W.2d 743, 2011 Iowa App. LEXIS 806, 2011 WL 1584339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-buchanan-iowactapp-2011.