Barlow v. State

Decision Date12 August 2008
Docket NumberNo. 2005-KA-01179-COA.,2005-KA-01179-COA.
Citation8 So.3d 196
PartiesCorey BARLOW, Appellant, v. STATE of Mississippi, Appellee.
CourtMississippi Court of Appeals

Matthew Warren Kitchens, attorney for appellant.

Office of the Attorney General by Charles W. Maris, attorney for appellant.

Before LEE, P.J., IRVING and ROBERTS, JJ.

IRVING, J., for the Court.

¶ 1. Corey Barlow was convicted by a Lincoln County jury of one count of possession of cocaine with intent to distribute while in possession of a firearm and one count of conspiracy to distribute cocaine. For the possession count, he was sentenced to an enhanced term of fifty years in the custody of the Mississippi Department of Corrections. Barlow was also sentenced to ten years on the conspiracy count. After Barlow serves forty-seven years, the remaining thirteen years will be served on post-release supervision. Aggrieved, Barlow appeals and asserts numerous issues, which we recast as follows: (1) that the roadblock that led to his arrest violated his Fourth Amendment rights, (2) that Officer John Purser did not have the authority to stop him, (3) that the trial court erred in refusing to suppress the statements he allegedly made, (4) that the trial court erred in refusing to strike certain portions of the indictment, (5) that the trial court erred in allowing the jury to hear that he had a prior conviction and was on parole at the time of this incident, and in allowing the jury to hear improper statements by the prosecutor in his closing argument, (6) that the trial court erred in allowing a witness to provide expert testimony, (7) that the trial court erred in its instructions to the jury, (8) that the evidence is insufficient to sustain his conviction, (9) that his sentence violates the Eighth Amendment, and (10) that the cumulative effect of the errors mandate reversal of his conviction.

¶ 2. Finding no reversible error, we affirm Barlow's conviction sentence on both counts.

FACTS

¶ 3. On March 1, 2004, Purser, a field officer with the Mississippi Department of Corrections, received an anonymous tip stating that Barlow was living on Beard Road in Lincoln County and that he and Thomas McWilliams were in possession of a large amount of drugs. In an effort to confirm the information, Officer Purser contacted the Lincoln County Sheriff's Department (Sheriff's Department) and asked it to assist him in locating Barlow. Purser and officers from the Sheriff's Department went to the residence on Beard Road; however, no one was there.

¶ 4. The next day Officer Purser received a second anonymous tip informing him that Barlow would be going to the residence on Beard Road sometime that afternoon and that drugs would likely be in his vehicle and residence. During this time, Barlow was on parole for possession of marijuana with intent to distribute. Officer Purser attempted to contact Barlow's field officer, Tanya Thompson; however, she was not available. As a result, Officer Purser spoke with Greg Ferrell, a field officer in Copiah County, who informed him that Barlow had previously failed drug tests.

¶ 5. Officer Purser and officers from the Sheriff's Department returned to the Beard Road residence, and again Barlow was not there. Officers from the Sheriff's Department then set up a roadblock on the road that leads to Barlow's residence.1 About an hour later, Barlow and McWilliams approached the roadblock. Officer Purser was positioned at the opposite end of the road from where Barlow entered the roadblock, but he quickly went to where Barlow had been detained. Barlow and McWilliams were asked to exit the vehicle and while McWilliams was doing so, drugs fell out of the car.2 McWilliams also had approximately two thousand dollars on his person.

¶ 6. Dustin Barefield, a major with the Sheriff's Department, participated in the search and testified on behalf of the State.3 Major Barefield stated that he read Barlow and McWilliams their Miranda rights4 after the drugs fell from the car. Officer Purser confirmed that Major Barefield read Barlow his rights. Major Barefield also testified that McWilliams claimed that the drugs belonged to Barlow and that Barlow agreed. He also stated that after he read Barlow his rights, he asked him whether he had any more drugs. Barlow then informed him that another bag of drugs was in the vehicle and that additional drugs could be found at his nearby residence. Major Barefield stated that McWilliams and Barlow verbally consented to the search of the residence, and McWilliams later signed a consent to search form at the Sheriff's Department. He also stated that Barlow agreed to lead the officers to the house where he told them that he had been residing for three weeks prior to this incident. Upon arriving at the residence,5 Major Barefield stated that Barlow led them to a room where he showed them a cabinet which contained what Major Barefield described as "a large sum of crack and powder cocaine." Major Barefield stated that he also found two "bricks of powder cocaine" which weighed about 2.2 pounds each. According to Major Barefield, several more bags of powder and crack cocaine were found in the residence.

¶ 7. Major Barefield stated that Barlow then led the officers to what Barlow referred to as "his" bedroom, where he showed them yet more drugs. Major Barefield testified that they also found a handgun in Barlow's bedroom. He stated that Barlow implicated himself in the drug operation, stating that all of the items that had been recovered belonged to him and that selling drugs provided him with a means of income. Major Barefield also stated that the quantity of the drugs and the different ways in which they were packaged led him to conclude that Barlow was involved in the distribution of crack and powder cocaine. McWilliams and Barlow were arrested and taken into custody. Major Barefield estimated that the total street value of the drugs recovered from Barlow's residence was approximately $345,730.

¶ 8. B.W. Pitts, a deputy with the Sheriff's Department, also assisted with the investigation and testified for the State. Deputy Pitts testified that after Major Barefield read Barlow and McWilliams their rights, he placed Barlow in his patrol car and took him to the house. According to Deputy Pitts, while Barlow was in the car, they had a "conversation" wherein Barlow informed him that there would be "a lot of more drugs" in the house. On cross-examination, Deputy Pitts was asked if he questioned Barlow on the way to the house, and he responded by stating that: "I just made a statement that if it was anymore there, you know, it'd be best to tell it. And then that's when he said we was gonna find a lot." Deputy Pitts did not participate in the search of the residence.

¶ 10. John Whitaker, a deputy with the Sheriff's Department, was also present at the roadblock and assisted in arresting McWilliams and Barlow. Deputy Whitaker recalled a slightly different version of how the drugs were discovered when McWilliams exited the vehicle. He testified that he asked McWilliams to exit the vehicle and that when he attempted to perform a pat-down search, drugs fell out of McWilliams's shirt. He notified Major Barefield, placed McWilliams in handcuffs, read him his rights, and placed him in the patrol car. Deputy Whitaker searched the vehicle and found another bag of what appeared to be cocaine. He stated that at that point Barlow said, "I've got more at the house and I'll show you."

¶ 10. The last witness the State called was the owner of the Beard Road residence, Charles Brown. McWilliams and Barlow are Brown's nephews, and Brown allowed them to reside at the residence. He testified that McWilliams and Barlow were living at the residence at the time of this incident. On cross-examination, Brown testified that he did not give Barlow a key to the residence, but he also stated that he did not know if Barlow had a key.

¶ 11. The defense presented three witnesses: Alfred Motley, Barlow's long-time friend; Theresa Barlow, Barlow's mother; and Frederick Barlow, Barlow's uncle. Motley stated that he grew up with Barlow. Motley testified that Barlow did not live at the Beard Road residence because he had been living with his grandmother and mother on Beauregard Road in March 2004. He stated that he would often see Barlow at the Beauregard Road residence. On cross-examination, Motley conceded that he did not spend a significant amount of time with Barlow and that he did not know if Barlow had spent nights away from his grandmother's house.

¶ 12. Theresa also testified that Barlow lived on Beauregard Road in March 2004. Theresa stated that she had seen some of Barlow's personal belongings at the Beauregard residence. Theresa testified that she was aware that McWillliams lived at the Beard Road residence, but she stated that she did not know whether Barlow visited him there. Regardless, she was certain that Barlow did not live at the Beard Road residence.

¶ 13. Frederick stated that he had been living at the Beauregard residence for approximately seven months prior to the incident in question and that Barlow lived there as well. Frederick testified that the only other residence at which Barlow lived was his mother's. On cross-examination, Frederick stated that he was not sure whether Barlow spent the night at the Beauregard residence on March 2, 2004. On redirect examination, Frederick testified that Barlow spent most nights at the Beauregard residence.

¶ 14. Following the conclusion of the evidence, the jury found Barlow guilty of possession of cocaine with intent to distribute while in possession of a firearm and of conspiracy to distribute cocaine.

¶ 15. Additional facts, as necessary, will be related during our analysis and discussion of the issues.

ANALYSIS AND DISCUSSION OF THE ISSUES

1. Fourth Amendment

¶ 16. Barlow contends that the drugs that were seized during the traffic...

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4 cases
  • Britton v. Southaven Police Dep't
    • United States
    • U.S. District Court — Northern District of Mississippi
    • May 30, 2017
    ...the courts of the state of conviction. Id. The Mississippi Supreme Court and the Mississippi Court of Appeals have upheld such searches. In Barlow v. State, law enforcement officers received information provided through anonymous tips that Barlow and an associate were in possession of drugs......
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    • United States
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  • Dixon v. State
    • United States
    • Mississippi Court of Appeals
    • February 1, 2011
  • Fulton v. State, 2014–KA–01493–COA.
    • United States
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1 books & journal articles
  • Is It Reasonable? A Legal Review of Warrantless Searches of Probationers and Parolees
    • United States
    • Criminal Justice Policy Review No. 27-7, November 2016
    • November 1, 2016
    ...v. Hellenthal, 465 N.W.2d 329 (1990)Yes NoMinnesota State v. Anderson, 733 N.W.2d 128 (2007) Yes NoMississippi Barlow v. State, 8 So.3d 196 (2005) Yes Turner et al. 693State SourceWarrantless searches allowedSpecial circumstances requiredMissouri State v. Williams, 486 S.W.2d 468 (1972) Yes......

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