Johnson v. State
| Docket Number: | 2010-CT-01978-SCT Linked Case(s): 2010-KA-01978-COA ; 2010-KA-01978-COA ; 2010-CT-01978-SCT ; 2010-KA-01978-COA |
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| Supreme Court: | Opinion Link Opinion Date: 03-13-2014 Opinion Author: Kitchens, J. Holding: Reversed and remanded. |
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| Additional Case Information: |
Topic: Possession of methamphetamine, Possession of precursor chemicals & False pretense - Admission of search warrants - Confrontation of witnesses - Testimonial hearsay - Plain error Judge(s) Concurring: Waller, C.J., Dickinson, P.J., King and Coleman, JJ. Dissenting Author : Lamar, J., With Separate Written Opinion Dissent Joined By : Randolph, P.J., Chandler and Pierce, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-30-2010 Appealed from: NESHOBA COUNTY CIRCUIT COURT Judge: MARCUS D. GORDON Disposition: Convicted Angela Johnson of one count of possesion of methamphetamine, one count of possession of precursor chemicals, and one count of false pretense. District Attorney: Mark Sheldon Duncan Case Number: 10-CR-102-NS-G |
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| Party Name: | Attorney Name: | |||
| Appellant: | Angela Denise Johnson a/k/a Angela Johnson |
CYNTHIA ANN STEWART |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE, JOHN R. HENRY, JR. |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Possession of methamphetamine, Possession of precursor chemicals & False pretense - Admission of search warrants - Confrontation of witnesses - Testimonial hearsay - Plain error |
| Summary of the Facts: | Angela Johnson was convicted of one count of possession of methamphetamine, one count of possession of precursor chemicals, and one count of false pretense. Her convictions were affirmed by the Court of Appeals. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Johnson argues that the admission of two search warrants and an underlying facts-and-circumstances affidavit which included hearsay statements attributed to a confidential informant constituted reversible error. The Court of Appeals held that her issues related to the search warrants were procedurally barred because they were not raised before the trial court. While Johnson did not properly object at trial to the admission of the search warrants, the doctrine of plain error allows the appellate court to consider obvious error which was not properly raised by the defendant and which affects a defendant’s fundamental, substantive right. Both the Sixth Amendment to the Constitution of the United States and Article 3, Section 26, of the Constitution of the State of Mississippi provide a criminal defendant the right to be confronted by the witnesses against him. Nontestimonial hearsay is subject to evidentiary rules concerning reliability, while testimonial hearsay must be filtered through the Confrontation Clause. Statements are nontestimonial when made in the course of police interrogation under circumstances objectively indicating that the primary purpose of the interrogation is to enable police assistance to meet an ongoing emergency. They are testimonial when the circumstances objectively indicate that there is no such ongoing emergency, and that the primary purpose of the interrogation is to establish or prove past events potentially relevant to later criminal prosecution. Here, the underlying facts-and-circumstances affidavits included statements by the officer that the confidential informant informed him that “Methamphetamine was being made at 10132 county road 369 at the residence of Angela Johnson” and that “Fake ID’s were being made at 10132 county road 369 Philadelphia, MS 39350 at the residence of Angela D. Johnson.” Both statements constitute testimonial hearsay, since the officer’s primary purpose in obtaining them was to establish or prove past events potentially relevant to later criminal prosecution. The search warrant materials in effect allowed the unseen, unknown, and unsworn confidential informant to testify against Johnson, without any opportunity for cross examination by the accused. Thus, admission of the statements at trial violated the Confrontation Clauses of our federal and state constitutions. Because the affidavit strongly suggested to the jury that the defendant should be convicted in this instance because the “creditable information” of the confidential informant previously “led to arrest and convictions that Methamphetamine was being made . . . at the residence of Angela D. Johnson” and because the affidavit bolstered the officer’s own credibility by detailing his extensive experience and training as a peace officer, the trial judge improperly admitted those documents as substantive evidence against Johnson. Admission of search warrant documents containing multiple pieces of highly prejudicial information amounted to plain error. Thus, the case is reversed and remanded for a new trial. |
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