Liddell v. State
| Docket Number: | 2008-KA-00747-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-13-2010 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sale of cocaine - Prior drug transactions - M.R.E. 404(b) - M.R.E. 403 - Ineffective assistance of counsel - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-05-2008 Appealed from: TUNICA COUNTY CIRCUIT COURT Judge: Kenneth L. Thomas Disposition: CONVICTED OF SALE OF COCAINE AND SENTENCED TO THREE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH THE SENTENCE TO RUN CONSECUTIVELY TO A PREVIOUSLY IMPOSED SENTENCE District Attorney: Laurence Y. Mellen Case Number: 2007-0145 |
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| Note: | Due to a military leave of absence, Hon. Virginia C. Carlton did not participate in this hand down. | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Brenda Liddell |
LESLIE S. LEE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY, JR. | ||
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: | Sale of cocaine - Prior drug transactions - M.R.E. 404(b) - M.R.E. 403 - Ineffective assistance of counsel - Sufficiency of evidence |
| Summary of the Facts: | Brenda Liddell was convicted of selling cocaine and was sentenced to three years. She appeals. |
| Summary of Opinion Analysis: | Issue 1: Prior drug transactions Liddell argues that the trial court erred in allowing, pursuant to the exceptions listed in M.R.E. 404(b), the confidential informant to testify about prior drug purchases from her. Furthermore, even if the admission were proper under Rule 404(b), Liddell argues the trial judge erroneously failed to make an on-the-record finding, pursuant to M.R.E. 403, of whether the probative value of the testimony outweighed its prejudicial value. The specific issues Liddell raises on appeal regarding this testimony were not raised before the trial court. The right to raise these issues before the appellate court is thus waived. In addition, they are without merit. While the prosecutor argued for admission under a “common plan” exception, it is clear from the transcript that the prosecutor was offering the evidence to prove that Liddell had a modus operandi, or a certain way, of conducting business; and this evidence could be offered to prove her identity: that is, she was in fact the person who had sold the C.I. drugs. The evidence was admitted to show that Liddell purposefully and regularly took the aforementioned precautions when selling drugs in an attempt to prevent criminal liability. Furthermore, the evidence was necessary to further link Liddell to the instant crime, not just to prove she had bad character. While the judge did not make a lengthy analysis of the arguments presented, he ruled the probative value outweighed the prejudicial effect. Any error by the trial judge in not making a more detailed record of his analysis of the Rule 403 balancing test is harmless. Issue 2: Ineffective assistance of counsel Liddell argues she received ineffective assistance of counsel. This issue is dismissed without prejudice. The record does not affirmatively show ineffectiveness of constitutional dimensions, nor have the parties stipulated that the record is adequate. Issue 3: Sufficiency of evidence Liddell argues that the State did not provide credible evidence to prove she sold cocaine. Viewing the evidence in the light most favorable to the prosecution, there is sufficient evidence to convict Liddell of selling cocaine. The State proved that the C.I. drove to Liddell’s trailer, greeted her, asked to see the cocaine he had arranged to purchase, entered the trailer, counted out $150, placed the money on the kitchen counter, and exited the trailer. The C.I. waited in his vehicle until a plastic container was thrown out of the trailer onto the yard. The C.I. retrieved it, spoke to Liddell and another person, who were at the trailer door, about other possible drug purchases, and then left. The container contained 1.8 grams of “base” or crack cocaine. The C.I.’s testimony was corroborated by the video and audio tapes, which were entered into evidence and played for the jury. |
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