Stevens v. State
Stevens v. State
Opinion
Lucky Stevens was convicted for the sale of marijuana, fined $1,000, and sentenced to five years' imprisonment. Two issues are raised on this appeal from that conviction.
During the prosecutor's closing argument, the following occurred:
"[MR. CAUSEY, Assistant District Attorney]: I want you to consider whether or not John Crawford told a big lie when he got up on the witness stand under oath. That's the first thing I want you to consider because that's what the defendant says, that's his case. His whole case is that Crawford lied. He lied all the way through his testimony. The defendant says, 'I'm telling the truth.' Now, when he says that, you consider who's got something at stake. In other words, bias. Does the defendant have something at stake in his testimony? Did he testify untruthfully in any respect? If so, the law is you can disregard his entire testimony. Did John Crawford testify truthfully or did he lie about the whole thing? If he lied, you have got to find Lucky Stevens not guilty, if John Crawford lied. Now, what's the testimony? Mr. Crawford's testimony is that he has been employed with the State of Alabama as an undercover agent doing this type of work for over nine years, more than nine years of doing this exact thing, going to court, making drug buys, making whiskey buys. I don't believe and I don't believe that you think that this man would be employed in the same job —
"MR. MADDEN [Defense Counsel]: (INTERPOSING) I'm going to object the embellishing of the credibility of this witness. This man may have been lying for nine years and never been caught. This is improper argument to the jury.
"THE COURT: I think he has a right to comment on the testimony of his witness, and I overrule the objection."
The governing principles are succinctly summarized inUnited States v. Sims,
" 'Attempts to bolster a witness by vouching for his credibility are normally improper and error.' United States v. Ellis,
547 F.2d 863 ,869 (5th Cir. 1977). The test for improper vouching is whether the jury could reasonably believe that the prosecutor was indicating a personal belief in the witness' credibility. United States v. Roberts,618 F.2d 530 ,537 (9th *Page 375 Cir. 1980) (citing Ellis, supra). This test may be satisfied in two ways. First, the prosecution may place the prestige of the government behind the witness, by making explicit personal assurances of the witness' veracity. See United States v. Lamerson,457 F.2d 371 ,372 (5th Cir. 1972); Gradsky v. United States,373 F.2d 706 ,709-10 (5th Cir. 1967). Secondly, a prosecutor may implicitly vouch for the witness' veracity by indicating that information not presented to the jury supports the testimony. See United States v. Brooklier,685 F.2d 1208 ,1218 (9th Cir. 1982) (explaining United States v. Roberts,618 F.2d 530 (9th Cir. 1980))."
Crawford testified that he had been employed by the State of Alabama to do undercover work for over nine years, and that he had held the "same job" for the "same people." The prosecutor's comment was a legitimate and reasonable inference from this testimony. Here, as in Ex parte Waldrop,
"Every fact the testimony tends to prove, every inference counsel may think arises out of the testimony, the credibility of the witnesses, as shown by their manner, the reasonableness of their story, their intelligence, means of knowledge, and many other considerations, are legitimate subjects of criticism and discussion. . . . The presiding judge, as a rule, will best determine when discussion is legitimate, and when it degenerates into abuse and undue license. While he should not permit wanton abuse of adversary or witness, he would occupy questionable ground, if he arrested counsel in his attempt to educe inferential facts or intents from testimony in proof. Argument is but an aid to the jury, to enable that body to arrive at correct conclusions; and it would be dangerous to accord to the presiding judge the right and power to intervene, and declare authoritatively when an inference of counsel is or is not legitimately drawn. This is for the jury to determine, if there be any testimony on which to base it." Cross v. State,
68 Ala. 476 ,482-83 (1881).
Crawford testified that he estimated the weight of the marijuana he purchased and that it was "approximately" one-fourth ounce. He stated that he did not give the exact weight and would not know the difference between one-fourth ounce and one-tenth ounce of marijuana unless he weighed it.
The record shows that the State established the reasonable probability that the marijuana introduced into evidence was the *Page 376
same as, and not substantially different from, the marijuana as it existed when purchased. The fact that the actual weight of the marijuana was slightly less than its estimated weight is not sufficient to create a break in a proper chain of custody.Lott v. State,
The record shows that Crawford purchased the "little package" of marijuana from the defendant and gave the package to District Attorney's Investigator Larry Ikner, who gave it to Gary Wallace at the "State lab" in Mobile. Wallace examined, tested the marijuana, and placed it in the evidence room. The marijuana was given to Deputy Sheriff Mitch Stuckey by Debra Sinnon of the State laboratory, who returned it to Ikner. Crawford, Ikner, and Wallace testified at trial. Each accounted for the integrity of the package of marijuana he had received. There is no contention that the marijuana was contaminated or altered in any way. Here, even though two witnesses who received the marijuana after it had been tested and determinedto be marijuana did not testify, we find that the chain of custody was sufficiently established to afford ample assurance of the authenticity of the marijuana. Ex parte Yarber,
The judgment of the circuit court is affirmed.
AFFIRMED.
All Judges concur.
Reference
- Full Case Name
- Lucky Stevens v. State.
- Cited By
- 6 cases
- Status
- Published