State v. Biddle

• Decision Date: 09 October 2002
• Docket Number: No. 01-1434.,01-1434.
• Citation: 652 N.W.2d 191
• Parties: STATE of Iowa, Appellee, v. Douglas Warren BIDDLE, Appellant.
• Court: Iowa Supreme Court

652 N.W.2d 191

STATE of Iowa, Appellee, v. Douglas Warren BIDDLE, Appellant.

No. 01-1434.

Supreme Court of Iowa.

October 9, 2002.

Linda Del Gallo, State Appellate Defender and Stephan J. Japuntich, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Sharon K. Hall, Assistant Attorney General, James Detaeye, Marshall County Attorney, and David S. Walker, Assistant County Attorney, for appellee.

LAVORATO, Chief Justice.

A jury convicted defendant, Douglas Warren Biddle, for delivery of methamphetamine, more than five grams, in violation of Iowa Code section 124.401(1)(b)(7) (1999). Biddle appeals from his conviction and sentence. In his appeal, Biddle challenges the district court's rulings (1) allowing into evidence the methamphetamine he was accused of delivering and a lab report regarding the drug over his chain-of-custody objection, (2) denying his motion for judgment of acquittal based upon insufficiency of the evidence, (3) denying his motion for new trial based on his allegation that the district court failed to act in a neutral and detached manner, and (4) rejecting his constitutional challenges to Iowa Code sections 901.10(2) and 907.3(3)(e). We preserve for postconviction relief proceedings Biddle's claim that his counsel was ineffective for failing to raise in district court the application of strict scrutiny to Biddle's equal protection claim. We find the remainder of Biddle's challenges without merit and therefore affirm.

I. Facts.

The jury could find the following facts. On October 31, 2000, Detective James Ulin, an officer with the Marshalltown Police Department and the Mid-Iowa Drug Task Force (Drug Task Force), set up a controlled buy of narcotics from Biddle. Previously, Ulin had observed Biddle at the residence of a known drug dealer. Based on his observations, Ulin suspected that Biddle might be involved in narcotics.

Confidential informant Tracy Cartee had an agreement with the Drug Task Force whereby pending charges against him in Story County, Iowa, would be dismissed in exchange for his cooperation. The Drug Task Force expected Cartee to set up two targets and buy approximately two "eightballs" (1/8 of an ounce) of methamphetamine. Cartee, a methamphetamine user, informed Ulin that he had previously purchased drugs from Biddle.

On October 31, 2000, Ulin instructed Cartee to call Biddle and arrange to buy drugs from him. Cartee called Biddle and arranged to meet him at Wal-Mart to purchase $350 worth of methamphetamine, approximately a quarter of an ounce.

Before the meeting, Cartee and his girlfriend, Terri Norton (who was also under an agreement with the Drug Task Force), met Ulin and Deputy Hoffman at Lions Park to prepare for the controlled buy. Ulin performed a pat-down search of Cartee, checking his pockets and waistband. Ulin checked the amount of cash Cartee was carrying and opened Cartee's package of Camel Light cigarettes to look inside and verify that only cigarettes were there. According to Cartee, the officers searched his pockets, shirt, coat, boots, waistline, billfold, motorcycle, and motorcycle pouch. Cartee noted that the only place to carry anything on his motorcycle was in the leather pouch attached to the front.

According to Ulin, officers typically do not search the metal part of a motorcycle engine, or inside a person's shoes because methamphetamine will melt in places that get exceedingly hot.

At the same time that Ulin was searching Cartee, Hoffman was searching Norton. Ulin and Hoffman had searched Cartee and Norton on a prior occasion. Hoffman and Norton were approximately three feet from Ulin and Cartee. Cartee did not closely watch Hoffman's search of Norton. The officers found no controlled substances on Cartee, Norton, or the motorcycle. Following the search, Ulin placed a transmission wire on Cartee and provided him with the money to make the drug buy.

At 4:33 p.m., Cartee and Norton left the park on Cartee's motorcycle and headed for Wal-Mart to meet Biddle. Ulin and Hoffman followed them. Cartee and Norton arrived at Wal-Mart at 4:39 p.m. On the way to Wal-Mart, the officers saw no furtive movements by either Cartee or Norton.

Deputy William Jorgensen followed Biddle, who was on a motorcycle, to the Wal-Mart parking lot. Cartee and Norton arrived before Biddle. Officer Matthew Hoskins, who was responsible for recording any conversations picked up by Cartee's wire, was parked in the Wal-Mart parking lot when Biddle arrived at about 4:44 p.m.

While Biddle, Cartee, and Norton were talking, a police officer drove a marked police car through the Wal-Mart parking lot. This officer's presence was unrelated to the controlled buy. Biddle "got spooked by the cop" and told Cartee and Norton to follow him to another location to complete the drug transaction.

Cartee and Norton followed Biddle to Brown & Sons Camper Sales (Brown & Sons). They did not stop anywhere on the way. Cartee and Norton arrived at Brown & Sons at 4:52 p.m. Ulin estimated it takes three or four minutes to get from Wal-Mart to Brown & Sons. In the parking lot, Cartee and Norton gave Biddle the money, and Biddle handed Cartee the drugs in a GPC cigarette pack. Biddle told Cartee and Norton that he could get one more quarter ounce if they wanted it. They told Biddle they would contact him. Biddle left, and Cartee and Norton returned directly to Lions Park.

Jorgensen, Hoskins, and Ulin separately followed the motorcycles from Wal-Mart to the Brown & Sons lot and parked nearby. None of the officers observed any furtive movements by Cartee or Norton along the way. Hoskins lost sight of them for a short time. Ulin could not see Cartee, Norton, or Biddle once they got to the Brown & Sons parking lot. Cartee's wire picked up his and Norton's conversation with Biddle. The tape, however, was muffled and hard to hear. Ulin next saw Cartee and Norton when they exited the Brown & Sons parking lot and headed back to Lions Park. Ulin followed them directly to the park and did not observe any furtive movements along the way. Cartee and Norton arrived at the park at 5:04 p.m.

At the park, Ulin received an empty pack of cigarettes with a "brown chunk powder substance" inside. According to Cartee, Ulin retrieved the pack from Norton's pocket. However, according to Ulin, Cartee handed him the pack. Ulin and Hoffman searched Cartee and Norton again at 5:05 p.m. Cartee no longer had the money that Ulin had provided earlier. Thirty-eight minutes passed between the prebuy and postbuy searches. Ulin observed Cartee and Norton the entire time, except for approximately three to seven minutes during which Cartee and Norton were talking with Biddle in the Brown & Sons parking lot.

II. Proceedings.

On February 12, 2001, the State charged Biddle with delivery of more than five grams of methamphetamine, in violation of Iowa Code section 124.401(1)(b)(7). At trial, Cartee identified the package of methamphetamine he purchased from Biddle. According to a lab report, the package contained 6.67 grams of methamphetamine. Biddle objected to the introduction of the methamphetamine and the lab report on chain-of-custody grounds. After some discussion, the court admitted the challenged evidence.

At the close of the State's case, Biddle moved for judgment of acquittal, arguing that the State had not proved its case due to the chain-of-custody issue. The district court denied the motion. The jury found Biddle guilty of delivery of more than five grams of methamphetamine. In his motion for new trial, Biddle argued that the district court failed to act in a neutral and detached manner when it "assist[ed] the State by outlining the specific steps needed to overcome the chain-of-custody objection." The court denied the motion.

Before he was sentenced, Biddle raised constitutional challenges to Iowa Code sections 901.10(2) and 907.3(3)(e). The district court denied the challenges and proceeded to sentence Biddle to an indeterminate twenty-five-year term of imprisonment. Biddle appeals.

III. Issues.

Biddle raises several issues on appeal. First, he argues the district court erred in admitting the cigarette pack containing the methamphetamine and the lab report over his chain-of-custody objection. Second, Biddle argues the district court erred in failing to grant his motion for judgment of acquittal based on insufficiency of the evidence. Third, he contends the district court erred in failing to grant him a new trial based on the court's failure to act in a neutral and detached manner. Last, he argues the district court erred in denying his constitutional objections to Iowa Code sections 901.10(2) and 907.3(3)(e). In the event that any of these issues were not adequately preserved, Biddle argues his trial counsel was ineffective in not preserving them.

IV. Chain-Of-Custody Issue.

The district court has considerable discretion in determining whether the State has shown the chain of custody necessary for admission of physical evidence. State v. Barger, 511 N.W.2d 632, 636 (Iowa Ct.App.1993). We review admission of such evidence over a chain-of-custody objection for abuse of discretion. State v. Bakker, 262 N.W.2d 538, 543 (Iowa 1978). Unless there is a clear abuse of discretion in such a ruling, we will not overturn it. Id.

Biddle contends the State's failure to produce Norton as a witness at trial is a "fatal flaw" in proving chain of custody. Norton, Biddle argues, had an incentive to hide all or part of the methamphetamine allegedly purchased from Biddle before the alleged transaction, because she had some pending charges that would be dropped if she cooperated in this controlled buy. In addition, Biddle contends the Drug Task Force failed to provide a female law enforcement officer to search Norton before the controlled buy. Finally, Biddle contends that none of the officers witnessed the transaction, thus providing Norton with ample time to change and/or tamper with the...