Culp v. State, No. 2002-KA-01966-SCT.
| Citation | 933 So.2d 264 |
| Decision Date | 15 December 2005 |
| Docket Number | No. 2002-KA-01966-SCT. |
| Parties | Elliot CULP v. STATE of Mississippi. |
| Court | United States State Supreme Court of Mississippi |
Imhotep Alkebu-Lan, Chokwe Lumumba, attorneys for appellant.
Office of the Attorney General by Scott Stuart, attorney for appellee.
Before COBB, P.J., CARLSON and RANDOLPH, JJ.
¶ 1. Elliot Culp was tried by a Holmes County Circuit Court jury on a multicount indictment for forcible rape, armed robbery, kidnaping, arson, aggravated assault, conspiracy to commit an armed robbery, and capital murder while in the commission of felonious abuse of a child. On February 18, 2002, he was found guilty of all counts except capital murder, and was sentenced to serve sixty years incarceration in the Mississippi Department of Corrections. The trial court subsequently denied Culp's motions to quash the indictment, for J.N.O.V. and alternately, for a new trial. On appeal, we conclude that there is no merit to the issues raised by Culp, and we affirm the judgment of the Holmes County Circuit Court.
¶ 2. On the evening of February 28 2000, Jane Doe1, and Allen Scott, were found severely beaten and in critical condition on the side of the road near Durant, Mississippi. Earlier that day, a rest stop security officer had seen them and bought them bus tickets to return to their homes in Texas. Later that day, Durant police officer Howard Harrison saw Doe and Scott at the bus stop with Culp and Travis Lowe.
¶ 3. Culp and Lowe took Scott and Doe out into the country, brandished a pistol which had been taken from Lowe's sister's home, and demanded $5,000 which Scott was rumored to have stolen from someone in Texas. When told that they did not have any such money, Culp forced Scott out of the car and held the gun to his head while Lowe raped Doe. Culp also raped her, then burned Scott and Doe's clothing, and cut Scott's throat and Doe's side with a knife. Before leaving the scene, Culp beat Scott, and Lowe beat Doe with a baseball bat. Then Culp and Lowe drove away, leaving Doe and Scott on the side of the road.
¶ 4. Two people passing by called an ambulance after they saw the bodies and fire. Scott and Doe were transported to the hospital where Scott later died from lethal blunt force trauma to the skull. Doe was in a coma but later regained consciousness and recovered.
¶ 5. Since he had last seen the victims with Culp and Lowe, Officer Harrison and another officer went to Culp's house where they briefly spoke with Culp's mother and then asked Culp to come down to the police station to discuss his relationship with the victims. While at the police station Culp's mother brought him fresh clothing and the clothes he was wearing were taken. The officers obtained a warrant for a blood sample from Culp and Lowe, and subsequently DNA from blood spots on Culp's shirt and shoes was found to be consistent with Doe's DNA. DNA evidence from Culp was also found on a vaginal swab taken from Doe.
¶ 6. In exchange for leniency in sentencing, Lowe confessed to officials that he and Culp committed the attacks on Doe and Scott as part of a robbery. Culp's statement was that he left Doe and Scott at the bus station. He also said he did have intercourse with Doe, but it was consensual.
¶ 7. On March 20, 2000, a Holmes County grand jury indicted Culp and Lowe on thirteen counts.2 As to Culp, two of the counts were quashed.3 The trial court granted Culp's pretrial motion to suppress in-court identification by Doe. Culp also moved to suppress the other evidence, arguing that it was obtained from an illegal arrest at Culp's home. The trial judge denied this motion, finding that Culp was not arrested at that time and that the police had probable cause to seize the evidence.
¶ 8. At the close of the State's case, Culp moved for a directed verdict on all counts, and the trial court granted only one, being robbery by exhibition of a deadly weapon. On March 20, 2002, the jury returned a verdict of guilty on all counts of the indictment except capital murder by felonious abuse of a child, and Culp was sentenced to sixty years in the custody of the Mississippi Department of Corrections.
¶ 9. Culp subsequently filed a motion to quash the indictment, alleging that two members of the grand jury were "interested." After conducting a two-day hearing, during which numerous members of the grand jury were questioned, as well as the county prosecutor, the trial court denied Culp's motion, finding that the presence of the two grand jurors did not violate Culp's rights. Culp appeals and asserts the following errors:
I. The circuit court erred in denying Culp's motion to suppress evidence obtained via an unlawful arrest and search.
II. The circuit court erred in denying Culp's motion to suppress Officer Harrison's identification of Culp.
III. The circuit court erred in denying Culp's motion for a directed verdict.
IV. Culp was convicted based upon inconsistent jury verdicts.
V. Culp was denied due process because he was convicted of multiplicitous counts.
VI. Culp's rights to a fair trial and due process of law were violated because he was indicted by an improperly composed grand jury.
VII. Culp's right to due process of law was violated because the prosecutor failed to comply with discovery pursuant to Brady v. Maryland.
VIII. The cumulative impact of the errors violated Culp's right to a fair trial.
¶ 10. In determining whether the issuance of a search warrant is proper, an appellate court will review the trial judge's decision to determine whether there was a substantial basis for concluding that probable cause existed. Petti v. State, 666 So.2d 754, 757 (Miss.1995) (citing Illinois v. Gates, 462 U.S. 213, 238-39, 103 S.Ct. 2317, 2332, 76 L.Ed.2d 527 (1983)). The reviewing court will overturn the trial court if there is an absence of substantial credible evidence to support the issuance of the search warrant. Magee v. State, 542 So.2d 228, 231 (Miss.1989).
¶ 11. Culp asserts that the search warrant for a blood sample violated his rights in three ways: (1) it was based on an illegal arrest made in Culp's home without an arrest warrant or exigent circumstances; (2) by surrendering his clothes, he was required to make a statement in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966); and (3) the search warrant was based on evidence which did not amount to probable cause. Our review of the record reveals otherwise.
¶ 12. Culp relies on Welsh v. Wisconsin, 466 U.S. 740, 104 S.Ct. 2091, 80 L.Ed.2d 732 (1984), in support of his illegal arrest argument. His reliance is misplaced, however, because Welsh is clearly distinguishable on its facts. Police officers entered Welsh's home, without a warrant or consent, and found him lying naked in his bed. They placed him under arrest for driving while under the influence of an intoxicant. The Supreme Court held that a nighttime entry into Welch's home to arrest him for a civil traffic offense was "clearly prohibited by the special protection afforded the individual in his home by the Fourth Amendment." Id. at 754, 104 S.Ct. 2091.
¶ 13. We have found that "arrest" means the "taking into custody of another person by an officer . . . for the purpose of holding him to answer an alleged or suspected crime." Blue v. State, 674 So.2d 1184, 1202 (Miss.1996). Someone who voluntarily accompanies the police to another location for questioning has not been arrested. Id. We have also held that the test for determining when a person is "in custody" is whether a reasonable person would feel that they were going to jail and not just being temporarily detained. Godbold v. State, 731 So.2d 1184, 1187 (Miss.1999). Ultimately this means whether a reasonable person felt they had the freedom to refuse police demands. Id. The United States Supreme Court has held that one does not have to be affirmatively told that they had the right to refuse for their actions to be voluntary. Schneckloth v. Bustamonte, 412 U.S. 218, 234, 93 S.Ct. 2041, 2051, 36 L.Ed.2d 854 (1973). This Court has held that the voluntariness of an accused's consent is based on the "totality of the circumstances" including among other things: the location of the encounter, any overt coercion, the display of weapons, experience of the defendant with the criminal justice system, and the defendant's age. Jones v. State ex rel. Miss. Dep't of Pub. Saf'y, 607 So.2d 23, 27 (Miss.1991).
¶ 14. Culp's assertion that he was arrested at his home is not borne out by the record, which clearly indicates that the officers were there to speak to him because he and Lowe were the last people seen with the victims. The officers did not arrest Culp at that time, and in fact, told Culp's mother that they merely wanted to question him.4 Culp agreed to accompany the officers to the police station.
¶ 15. When the officers asked Culp to go with them to the police station, they were doing so to further a general investigation and not to hold Culp to answer for a specific crime. It was not until later that the evidence against Culp indicated his involvement in the assault of one victim and the assault and rape of the other. At all times Culp remained free to refuse to go with the officers. Although they did not tell Culp that he had the right to refuse, under Schneckloth they were not obligated to do so. Further, the fact that the two officers were armed does not make Culp's consent involuntary. They did not display their weapons or indicate that they were present at Culp's home for the purpose of arresting him, or that force would be used against him. Officer Harrison merely asked Culp to come to the police station to...
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