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Woodard v. State

Court of Criminal Appeals of Tennessee, Jackson

April 28, 2015

COLE WOODARD
v.
STATE OF TENNESSEE

Session March 3, 2015.

Appeal from the Criminal Court for Shelby County No. 11-01335 John W. Campbell, Judge.

Carlissa Shaw, Memphis, Tennessee, for the appellant, Cole Woodard.

Herbert H. Slatery III, Attorney General and Reporter; Tracy L. Alcock, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Alycia Carter, Assistant District Attorney General, for the appellee, State of Tennessee.

Robert W. Wedemeyer, J., delivered the opinion of the Court, in which Robert H. Montgomery, Jr., and Timothy L. Easter, JJ., joined.

OPINION

ROBERT W. WEDEMEYER, JUDGE.

I. Facts

A Shelby County grand jury indicted the Petitioner, in two separate indictments, for drug transactions occurring on October 19, 2010. One indictment charged the Petitioner with sale of cocaine, possession of cocaine with the intent to sell, and possession of cocaine with the intent to deliver. This indictment alleged that these offenses occurred between 2:00 and 3:00 p.m. on October 19, 2010. The other indictment charged the Petitioner with additional offenses that occurred subsequently, between 3:30 and 4:30 p.m. on October 19, 2010.

This Court summarized the evidence presented at trial as follows:

Officer SirCease Brooks of the Memphis Police Department, testified that he bought crack cocaine from [the Petitioner] on two separate occasions on October 19, 2010. He identified [the Petitioner] at trial. Officer Brooks said that he was sent to the area of 211 Leath Street to purchase drugs. After driving to the area in his car, Officer Brooks gave a hand signal asking if anyone had any drugs to sell, and [the Petitioner] approached his car and asked him what he wanted to purchase. Officer Brooks told [the Petitioner] that he "want[ed] a twenty dollar rock" of crack cocaine. [The Petitioner] got into Officer Brooks's car and asked him to drive around the block. [The Petitioner] pulled out a bag from his front pocket containing "five or six . . . twenty dollar rocks" before giving Officer Brooks one of the rocks. Officer Brooks complained to [the Petitioner] that the rock was "kind of small[, ]" but he accepted it. Officer Brooks gave [the Petitioner] twenty dollars and told him that he "might be back within a couple of hours[.]" After dropping off [the Petitioner] in the area where he had picked him up, Officer Brooks placed the rock of crack cocaine in a separate bag and labeled it with his undercover number, the date, location, and type of the drug before hiding it in a compartment in his car.
Officer Brooks made a another drug buy in a different area before returning to the 211 Leath Street area "about two or three hours" later. He saw [the Petitioner], and [the Petitioner] again got into his car. [The Petitioner] asked him if he wanted to purchase another twenty dollar rock of crack cocaine, and Officer Brooks responded affirmatively. Officer Brooks told him that he had to split the first rock with some other individuals and that he was purchasing the second rock to smoke himself. [The Petitioner] gave him another rock of crack cocaine, slightly larger than the first one he had purchased, from the bag in his front pocket and took the twenty dollars from Officer Brooks before exiting the car. After dropping off [the Petitioner], Officer Brooks placed the rock in a separate bag and labeled it before hiding it in the compartment in his car.
At the end of the day, Officer Brooks placed all of these bags containing drugs in a secured lock box. He explained that he made five drugs buys on October 19, 2010, and had five bags labeled one through five, which represented his first, second, third, fourth, and fifth drug buys that day. Each time he purchase[d] drugs on October 19, 2010, he placed the drugs into the appropriately labeled bag. Officer Brooks stated that his third and fifth drug buys on October 19, 2010, involved [the Petitioner].
Officer Brooks later identified [the Petitioner] in a photograph lineup. He said he made two recordings of the second drug buy with [the Petitioner] on October 19, 2010, both of which were played for the jury. Officer Brooks said he was unable to make any recordings of the first drug buy with [the Petitioner] because he "didn't have enough time to turn on the camera on the passenger side" of his car before [the Petitioner] entered his vehicle. However, for the second drug buy, Officer Brooks made two recordings, one that contained audio of the conversation between him and [the Petitioner] and one that contained video of [the Petitioner] and audio of their conversation. After [the Petitioner] exited the car on the second drug buy, Officer Brooks placed the rock of crack cocaine into the bag and dictated the time of the drug transaction on the recordings.
Officer Jonathon Clapp, an evidence custodian for the Memphis Police Department, testified that he retrieved from the evidence lock box the two substances that Officer Brooks purchased from [the Petitioner] on October 19, 2010. He stated that he was the only officer to have a key to that lock box. Based on his training, Officer Clapp stated that the ...

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