Windham v. State

800 So. 2d 1257, 2001 WL 1497169
CourtCourt of Appeals of Mississippi
DecidedNovember 27, 2001
Docket2000-KA-00764-COA
StatusPublished
Cited by13 cases

This text of 800 So. 2d 1257 (Windham v. State) 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
Windham v. State, 800 So. 2d 1257, 2001 WL 1497169 (Mich. Ct. App. 2001).

Opinion

800 So.2d 1257 (2001)

Trellis WINDHAM a/k/a Trellis A. Windham, Appellant,
v.
STATE of Mississippi, Appellee.

No. 2000-KA-00764-COA.

Court of Appeals of Mississippi.

November 27, 2001.

*1259 John Paul Barber, Bethesda, MD, Attorney for Appellee.

Office of the Attorney General by John R. Henry Jr., Booneville, Attorney for Appellee.

Before McMILLIN, C.J., THOMAS, and CHANDLER, JJ.

McMILLIN, C.J., for the Court.

¶ 1. Trellis Windham was convicted by a Newton County Circuit Court jury of the crime of sale of controlled substance. He has appealed his conviction to this Court and presents four issues for consideration: (1) He claims that he was denied his constitutional right of confrontation of the witnesses against him. Specifically, he says the court erred when it thwarted his attempts to obtain medical records of a key prosecution witness that were critical to impeaching the witness; (2) He urges that the trial court erred by refusing to suppress incriminating statements he made to investigating officers while he was in custody; (3) He claims that the evidence was insufficient as a matter of law to prove his guilt beyond a reasonable doubt; and (4) Alternatively, he contends that the trial court erred in denying him a new trial based on the fact that the jury's guilty verdict was against the weight of the credible evidence.

¶ 2. We find no merit as to the issues raised by Windham in this appeal. Therefore, we affirm the conviction.

I.

Facts

¶ 3. For purposes of this opinion, the facts are constructed from evidence presented by the prosecution in its case in chief. Cleveland McCall, working as an undercover cooperating individual with the Mississippi Bureau of Narcotics, approached the defendant, Trellis Windham, indicating his desire to purchase one hundred dollars' worth of crack cocaine. Windham, rather than dealing directly with McCall, sent him to another location telling McCall he would be met by someone to complete the transaction. Upon arriving at the designated location, McCall was approached by Eddie Amos, who delivered a supply of crack cocaine in exchange for the agreed sum. Amos, indicted along with Windham as a result of this transaction, testified against Windham at the trial and said he was acting at Windham's express direction in carrying out the sale. He testified that he delivered the cash to Windham, and that Windham compensated *1260 him for his part by supplying him with a quantity of the drug for his own use.

II.

The Right of Confrontation of Witnesses

¶ 4. Windham contends that he was denied his Sixth Amendment right of confrontation of the State's witness, Cleveland McCall, when the trial court refused to give defense counsel access to certain medical records relating to McCall. The medical records had been produced pursuant to a subpoena issued by the defense, but had been tendered under seal because of concerns regarding the confidentiality of those records. Defense counsel contended the records contained information that was vital to an effective cross-examination of McCall. Counsel asserted that the records would reveal, among other things, that the witness had serious drug-induced emotional problems that could affect the jury's view of his credibility. McCall, at a hearing to suppress the subpoena issued by the defense, affirmatively asserted the privilege against disclosure of these records as contained in Mississippi Rule of Evidence 503, entitled "Physician and Psycho Therapist Patient Privilege." On that basis, the trial court refused defense counsel the right to inspect McCall's medical records in order to prepare his cross-examination or to have the opportunity to introduce any such records as exhibits at trial.

¶ 5. On appeal, Windham asserts that his right of confrontation guaranteed by the Sixth Amendment overrides the evidentiary privilege contained in Rule 503. Windham cites, in support of his argument, the case of In re J.E., 726 So.2d 547 (Miss. 1998). That case grew out of a criminal prosecution of an adult defendant for allegedly sexually battering a minor child. In re J.E., 726 So.2d at 548(¶ 1). Prior to the criminal prosecution, there had been a proceeding in youth court in which it was determined that the minor victim was an abused child within the meaning of Mississippi's Youth Court Act. Id. The defendant filed a motion before the youth court to obtain a transcript of that proceeding for use in preparing his defense. Id. at 549(¶ 5). The youth court declined to make the records available to the defendant, relying on the confidentiality provisions of youth court records contained in Section 43-21-261 of the Mississippi Code. Id.

¶ 6. The Mississippi Supreme Court reversed the youth court's ruling and concluded that, upon a showing of relevance of the information in the youth court record, the defendant's rights of confrontation and compulsory process would override the statutory preference for confidentiality. In re J.E., 726 So.2d at 553 (¶ 23). The supreme court resolved the tension between the two competing interests (statutory confidentiality and right of confrontation) by directing the trial court to undertake an en camera inspection of the records and to release only information found to have legitimate relevance to the defendant's preparation and presentation of his defense to the criminal charges. Id.

¶ 7. We do not think that In re J.E. answers the issue before us. The statutory provisions relating to the confidentiality of youth court records are not absolute by any means. The statute itself provides that the confidentiality requirement may be overridden by a determination that disclosure would advance the child's best interests or the public safety. Miss.Code Ann. § 43-21-261 (Rev.2000). The authority to release records is vested in the discretion of the youth court judge. The Mississippi Supreme Court, in ordering the provisional release of the records for possible evidentiary use on a showing of need by the *1261 defendant, did not decide the case on the basis that the defendant's constitutional rights had trumped provisions of a state statute that required a different result. Rather, the court simply determined that the youth court judge had abused his discretion in flatly denying the defendant's request for access on the ground that "where the issues are weighty, as here, the best interest of the child, as well the proper and just functioning of our youth court system, demands that [the defendant] have limited access to the materials he seeks." In re J.E., 726 So.2d at 553 (¶ 22).

¶ 8. In the case before us, we are not dealing with a statute that provides a presumptive, but not absolute, scheme of confidentiality. Rather, the evidentiary privilege created by Rule 503, once properly asserted, appears to be absolute. There are no engrafted exceptions to the privilege permitting release of information to promote the "best interests" of any party or to advance matters of "public safety" such as those that appear in the youth court statutory provisions.

¶ 9. The Mississippi Supreme Court has previously announced quite clearly that the physician-patient privilege applies with equal force in criminal proceedings as it does in civil cases. Cotton v. State, 675 So.2d 308, 312 (Miss.1996).

¶ 10. The physician-patient privilege as recognized in Mississippi did not exist at the common law. See Whalen v. Roe,

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Cite This Page — Counsel Stack

Bluebook (online)
800 So. 2d 1257, 2001 WL 1497169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/windham-v-state-missctapp-2001.