State v. Parchman

973 S.W.2d 607, 1997 Tenn. Crim. App. LEXIS 136
CourtCourt of Criminal Appeals of Tennessee
DecidedFebruary 14, 1997
StatusPublished
Cited by26 cases

This text of 973 S.W.2d 607 (State v. Parchman) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Parchman, 973 S.W.2d 607, 1997 Tenn. Crim. App. LEXIS 136 (Tenn. Ct. App. 1997).

Opinions

OPINION

WELLES, Judge.

This is an appeal as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. The Defendant was convicted by an Obion County jury of two counts of the sale of a controlled substance. She appeals her convictions and presents four issues for review: (1) That the trial court erred by denying the Defendant’s motion for a new trial because the verdict was tainted by juror misconduct; (2) that the trial court erred in ruling that a post-trial confession was not newly discovered evidence such as to warrant a new trial; (3) that the trial court erred in ruling that an alibi witness was not newly discovered evidence such as to warrant a new trial; and (4) that the evidence was insufficient to support the convictions beyond a reasonable doubt. We find merit with the Defendant’s argument that she is entitled to a new tidal because of juror misconduct. We therefore reverse the judgment of the trial court and remand for a new tidal.

During the months of May through October in 1994, the drug investigation unit of the Union City Police Department was conducting a “controlled informant buy” operation. They recruited paid informants to make drug purchases from individuals suspected of selling controlled substances. The informant in this ease was outfitted with a wireless audio transmitter to record transactions in progress.

On May 31, 1994, the informant was recruited to buy $40 worth of crack cocaine from “Rosie”, who lived at apartment 52, East College Court in Union City. The occupant of that apartment was Angela “Rosie” Parchman, the Defendant. The informant was familiar with the Defendant prior to the drug buy. At approximately 2:21 p.m. that day, the informant went to the apartment and a child opened the door, stating that Rosie was not there. He left the apartment, but then saw the Defendant arrive in her vehicle. The informant helped carry her groceries to the apartment. The Defendant offered a rock of cocaine for $80, but the informant was limited to the $40 purchase. He bought the cocaine and reported back to the investigators.

On July 20, 1994, the informant was employed to make another drug purchase from the Defendant. The informant was supplied with $100 to buy two rocks of cocaine. He went to the Defendant’s apartment at 3:31 p.m. and made another buy from her. On both occasions, there were a number of other [610]*610persons playing cards in the Defendant’s apartment. On July 20th, a woman named Rose Cannon, sometimes referred to as “Rosie”, was allegedly present when the drug purchase was made.

The police investigation unit’s recording of the transaction conducted on May 31st was somehow erased when a copy of the tape was made, although defense counsel had received a copy of poor quality. The July 20th tape was apparently in good condition. At trial, the informant identified Rosie Parehman, the Defendant, as the person from whom he bought the crack cocaine on both dates. The Defendant presented witnesses who were in her apartment on the two dates in question to identify the voices on both of the audiotapes. Two witnesses testified that Rose Cannon was in the apartment on July 20th and that the Defendant was not present when the drugs were sold on either occasion. Neither witness would confirm that Rose Cannon actually sold drugs to the informant. Rose Cannon testified, denying that she was in apartment 52 on either May 31st or July 20th.

The Defendant testified that she had a hair appointment and that she left the apartment between 12:30 and 1:00 p.m. on the afternoon of July 20th. She stated that she had her hair done, but returned to have it restyled because she was dissatisfied with it. She denied having returned to her apartment in the afternoon hours.

The Defendant was tried and convicted of one count of sale of cocaine under point five (.5) grams, a Class C felony, for the May 31, 1994 transaction and sentenced to 3 years in split confinement, with one year to be served in the county jail and two years to be served in community corrections. She was also convicted on the second count of sale of cocaine over point five (.5) grams, a Class B felony, for the July 20, 1994 transaction and sentenced to eight years in split confinement, with one year to be served in the county jail and the balance in community corrections. The sentences were ordered to be served concurrently. She appeals her convictions.

Newly Discovered Evidence

We will first address Defendant’s issues (2) and (3), that the trial court erred in ruling that evidence of a post-trial confession and an alibi witness were not newly discovered evidence warranting a new trial. The decision to grant or deny a new trial on the basis of newly discovered evidence is a matter which rests in the sound discretion of the trial court. State v. Goswick, 656 S.W.2d 355, 358 (Tenn.1983). To be entitled to a new trial based on newly discovered evidence, the defendant must demonstrate (1) reasonable diligence in seeking the newly discovered evidence; (2) materiality of the evidence; and (3) that the evidence will likely change the result of the trial. State v. Nichols, 877 S.W.2d 722, 737 (Tenn.1994); Goswick, 656 S.W.2d at 358-360. A new trial will not be granted on newly discovered evidence when the effect is merely to impeach a witness’ testimony at trial unless the impeaching evidence is so crucial to the defendant’s guilt or innocence that its admission would change the outcome of the case. State v. Singleton, 853 S.W.2d 490, 496 (Tenn.1993); State v. Rogers, 703 S.W.2d 166, 169 (Tenn.Crim.App.), perm, to appeal denied, id. (Tenn.1985).

First, the Defendant contends that Rose Cannon’s admission that she committed the crime made to defense counsel after trial warrants a new trial. At trial, Rose Cannon testified as the State’s rebuttal witness that she was not present in the Defendant’s apartment on either occasion when the drug sales were transacted. There was other testimony at trial that Rose Cannon was indeed in the Defendant’s apartment, that she spoke with the police informant, and could have conducted a drug sale.

After trial, defense counsel interviewed Rose Cannon, who was then in the Obion County jail where she was being held on charges of aggravated robbery. She listened to the tape of the July 20th drug sale at the Defendant’s apartment and admitted that her voice was on the tape and that she sold the drugs. At the hearing on the motion for a new trial, she testified that she did not sell the drugs and that she only made that statement to help the Defendant. She asserted [611]*611that the Defendant told her that she would not get in trouble because two people could not be charged with the same crime, which induced her to confess to the crime. She testified that the Defendant offered to pay for her bond if she admitted to the crime. Rose Cannon was released on bond on the same day she spoke with defense counsel. Another witness testified that Rose Cannon said she was leaving town and that she alluded to the fact that someone in the jail was there rather than her because the police got the wrong person. There was nothing beyond this that specified that the drug sale was the crime she was referring to rather than the aggravated robbery or some other crime.

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Cite This Page — Counsel Stack

Bluebook (online)
973 S.W.2d 607, 1997 Tenn. Crim. App. LEXIS 136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-parchman-tenncrimapp-1997.