State v. Hall

117 S.W.3d 744, 2003 Mo. App. LEXIS 1669, 2003 WL 22416508
Missouri Court of Appeals·Decided October 24, 2003·No. 25304·Published·Cited by 2 cases

Opinion

JAMES K. PREWITT, Judge.

Following jury trial, Tina Louis Hall (Appellant) was convicted of the class C felony of possession of a controlled substance, in violation of § 195.202, RSMo, and sentenced under §§ 558.011 and 560.011, RSMo, to five years’ imprisonment. Execution of her sentence was suspended and she was placed on supervised probation.

The evidence viewed in the light most favorable to the verdict follows. On October 10, 2001, Lieutenant Hank Hill and Deputy Jason Ward observed a Ford Bronco pass them with two children inside who appeared to be unrestrained. When they ran the license number and discovered that the license plates were registered to a 1985 Chevrolet, they stopped the vehicle.

Glenn Smith was the driver and owner of the Bronco, and Appellant was the front-seat passenger. Smith’s two chil *746 dren were in the back seat. Lieutenant Hill questioned Smith outside of the vehicle while Deputy Ward, with Smith’s consent, conducted a search of the interior. Appellant waited outside with the two children.

Inside the console, which was situated between the two front bucket seats, Deputy Ward found a plastic spoon and a straw. The spoon had a white residue on it which, based on a field test of the residue, tested positive for methamphetamine. They placed Glenn Smith under arrest and transported him to the police station. Appellant drove the two children back to the police station in the Bronco.

A farther search was conducted on the Bronco when it arrived at the police station, and other items were discovered, including a metal jar lid and a glass. Inside a McDonald’s bag found in front of the console, they discovered four “dirty” syringes and a piece of aluminum foil.

Appellant was charged by information in New Madrid County with the offense of possession of a controlled substance, under § 195.202, RSMo. On her motion for change of venue, the case was transferred to Mississippi County. Appellant entered a plea of not guilty to the charge and her trial was held September 27,2002.

At trial, Lieutenant Hill testified regarding the traffic stop and subsequent arrests. Deputy Ward testified regarding his search and subsequent discovery of the spoon and straw inside the Bronco’s console. Police captain, David Simmons, who had responded to assist Hill and Ward, testified that he searched the vehicle with Ward at the time of the initial stop and later back at the station, whereupon he discovered the four syringes and foil in the McDonald’s bag.

Glenn Smith testified on behalf of the State, pursuant to a plea agreement whereby he would receive a sentence of “time served” and a reduced charge of possession of paraphernalia in exchange for his truthful testimony. Smith testified that Appellant had arrived at his home on the afternoon of October 10, 2001, “to get high,” and the two of them injected a half of a gram each of methamphetamine. Smith stated that he had needed to purchase cigarettes and dispose of the syringes, so he and Appellant left Smith’s house together in the Bronco, picking up his two children at a neighbor’s home nearby. They were subsequently pulled over by Lieutenant Hill and Deputy Ward.

The jury returned a verdict of guilty. Appellant appeals, presenting one point relied on:

The trial court abused its discretion in sustaining the State’s objection to defense counsel’s questioning State’s witness Glenn Smith about whether he could have been charged in the instant offense as a prior and persistent drug offender, because this ruling violated [Appellant’s] rights to due process and confrontation, guaranteed by the Fifth, Sixth and Fourteenth Amendments to the United States Constitution and Article I, Sections 10 and 18(a) of the Missouri Constitution, in that without Smith’s testimony, there was insufficient evidence to convict [Appellant] since the methamphetamine in the car could not have been shown to be under her control, and Smith’s credibility was therefore critical. Defense counsel needed to be able to explore Smith’s bias and prejudice, including his motivation to testify falsely in order to obtain a beneficial sentence from the State.

A trial court is vested with broad discretion in controlling the scope of cross-examination, and error will be found only if this discretion is clearly abused. State v. Oates, 12 S.W.3d 307, 313 (Mo.banc *747 2000). “In matters involving the admission of evidence, we also review for prejudice and will reverse only if the error was so prejudicial that it deprived the defendant of a fair trial.” State v. Foster, 68 S.W.3d 530, 532 (Mo.App.2001).

“[A]n important purpose of the constitutionally protected right of cross-examination is to provide litigants with a meaningful opportunity to challenge the veracity of testimony through the process of impeachment.” State v. Johnson, 700 S.W.2d 815, 817 (Mo.banc 1985). The interest or bias of a witness are never irrelevant matters. State v. Montgomery, 901 S.W.2d 255, 256 (Mo.App.1995).

Cross-examination for the purpose of impeachment of a witness’ credibility is allowed when the inquiry demonstrates a possible motivation to testify favorably for the State or an expectation of leniency. State v. Lockhart, 507 S.W.2d 395, 396 (Mo.1974).

Any time the State enters into a plea agreement with a witness who receives immunity or a reduction in sentencing in exchange for his or her “truthful” testimony, the issues of bias and self-interest arise, since plea agreements are “double edged swords,” State v. Dudley, 51 S.W.3d 44, 54 (Mo.App.2001), both supporting a witness’ credibility and impeaching it by revealing a motivation to testify favorably for the government. State v. Wolfe, 13 S.W.3d 248, 256 (Mo.banc 2000).

Such testimony may be properly excluded where “issues were at best marginally relevant to [a witness’] credibility and would have added little to the substantial attacks on [the witness’] credibility already made by defense counsel,” State v. Mayes, 63 S.W.3d 615, 630 (Mo.banc 2001), in cases where the impeachment centered on an immaterial or collateral matter, State v. Mann, 23 S.W.3d 824, 835 (Mo. App.2000), and in cases “where the tendency of a given item of testimony is too tenuous to show hostility on the part of a witness[.]” State v. Roberts, 778 S.W.2d 763, 764 (Mo.App.1989).

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State v. Hall, 117 S.W.3d 744, 2003 Mo. App. LEXIS 1669, 2003 WL 22416508 (Mo. Ct. App. 2003).

117 S.W.3d 744 (State v. Hall) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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