Griffin v. State
Griffin v. State
Opinion
Ricky Griffin was indicted for the offense of the unlawful distribution of a controlled substance, in violation of §
In its examination of Robert Chambers, the prosecutor asked Chambers the following questions:
"Q Okay. Robert, I want you to look at the Defendant in this case and tell the Court and Jury whether or not there is any doubt in your mind, whatsoever, that he is the person that sold or assisted in selling this controlled substance to you on June 11, 1988?
"A Yes, sir. It is the Defendant.
"Q It is the Defendant?
"A Yes, sir.
"Q Okay. Have you seen the Defendant since that time?
"A Yes, sir.
"Q Where did you see him since that time?
"A Up here in the courthouse.
"Q Okay. Let me ask you this. Specifically on August 7, 1988, did you see him?
"A Yes, sir.
"Q Where was that?
"A Out at the mobile home.
"Q Same mobile home?
"A Same mobile home. Yes, sir.
"Q What was the purpose of your being there on that occasion?
"A To purchase cocaine.
*Page 549"Q And, did you purchase any cocaine on that occasion?
"MR. CLENNEY: Judge, I object to that question, at this point. And, I submit to the Court that the Prosecuting Attorney is attempting to submit evidence of alternate circumstances and I request that the Jury be instructed to disregard that.
"THE COURT: Overruled. It goes to the identity.
"BY MR. MAXWELL [prosecutor]:
"Q Did you purchase any controlled substance on that occasion?
"A Yes, I did.
"Q Who did you purchase it from?
"A Louise and Tony or Ricky, I think. I would have to check my report.
"Q Was the Defendant present there?
"A Yes, sir.
"Q And, was Tony present, there?
"A Yes, sir.
"Q Was that transaction also here in Henry County?
"A Yes, sir."
Evidence of other offenses allegedly committed by a defendant is clearly admissible to prove identity and to prove that both the now-charged crime and the other offenses were committed pursuant to a single "plan, design, scheme, or on-going business system to engage in illegal drug transactions."Woods v. State,
In the case sub judice, evidence of the subsequent cocaine purchase was clearly admissible to establish Chambers's identification of Griffin, particularly in light of Griffin's alibi defense, wherein he claimed that he was not present at the time of the transaction for which he was prosecuted. In addition, evidence of the subsequent offense, which also involved the sale of cocaine in the same location and with many of the same parties as the principal offense, was admissible to show that the principal drug transaction was part of an ongoing business system to engage in illegal drug transactions.
Prior to trial, the court granted Griffin's motion in limine and ordered that the State not be allowed to inquire concerning Kinsey's juvenile record. In his cross-examination of Kinsey, the prosecutor asked Kinsey the following questions:
"Q Okay. Now you told Mr. Clenney that you have never seen your brother involved in a transaction involving cocaine?
"A Yes.
"Q Isn't it true, Mr. Kinsey, you have admitted prior to today of being present at a cocaine transaction where your brother was involved?"MR. CLENNEY [defense counsel]: Judge, I object to this. This is on point to our Limine Motion that the Court granted. And, I request a mistrial on behalf of the Defendant.
"THE COURT: The motion is denied. It is not within the scope of my Order in Limine.
"BY MR. MAXWELL [prosecutor]: You can answer the question. Haven't you previously admitted that you were present when there was a drug transaction with Mr. Robert Chambers?
"A No, sir.
"Q And, your brother and you?
"A No.
"Q You have not?
"A I have not."
Because the trial court's order directed the State not to inquire of Kinsey's juvenile record, the prosecutor's question as to whether Kinsey was present at a drug transaction involving Griffin did not touch upon Kinsey's juvenile record and was therefore within the boundaries of the court's order in limine. "Merely being at or near the scene of a crime even without raising the hue and cry does not make a man either principal or accessary to that crime." Leonard v. State,
We note, moreover, that the prosecutor's question was proper to show Kinsey's bias against the State, and the question formed a proper foundation for the State's subsequent impeachment of Kinsey's credibility by demonstrating that Kinsey was in fact present at a drug transaction involving Griffin. See Smith v. State,
Griffin's objection to the prosecutor's question at trial was based on relevancy. On appeal, Griffin argues that the prosecutor's question was prejudicial. A defendant is bound by the grounds of objection stated at trial and may not expand those grounds on appeal. Bell v. State,
Griffin's failure to cite any legal authority in support of this argument in brief likewise waived appellate consideration thereof. Vinzant v. State,
We note that although that had this issue been preserved for appeal, we would have determined that the prosecutor's question was permissible cross-examination to show Kinsey's likely bias against the State. See Williams v. State,
The foregoing opinion was prepared by the Honorable JAMES H. FAULKNER, a Retired Supreme Court Justice, and his opinion is hereby adopted as that of the court.
The judgment of the circuit court is affirmed.
AFFIRMED.
PATTERSON, P.J., and TYSON, TAYLOR and McMILLAN, JJ., concur.
BOWEN, J., concurs in result only.
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- Ricky Griffin v. State.
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