State v. Chamberlain

• Decision Date: 22 July 1987
• Docket Number: No. 16955,16955
• Court: West Virginia Supreme Court
• Parties: STATE of West Virginia v. Leonard B. CHAMBERLAIN.

Page 858

359 S.E.2d 858

178 W.Va. 420

STATE of West Virginia v. Leonard B. CHAMBERLAIN.

No. 16955.

Supreme Court of Appeals of West Virginia.

July 22, 1987.

Syllabus by the Court

1. "Subject to exceptions, it is a well-established common-law rule that in a criminal prosecution, proof which shows or tends to show that the accused is guilty of the commission of other crimes and offenses at other times, even though they are of the same nature as the one charged, is incompetent and inadmissible for the purpose of showing the commission of the particular crime charged, unless such other offenses are an element of or are legally connected with the offense for which the accused is on trial." Syllabus Point 11, State v. Thomas, 157 W.Va. 640, 203 S.E.2d 445 (1974).

2. "Before a physical object connected with a crime may properly be admitted into evidence, it must be shown that the object is in substantially the same condition as when the crime was committed. Factors to be considered in making this determination are: (1) the nature of the article, (2) the circumstances surrounding its preservation and custody, and (3) the likelihood of intermeddlers tampering with it." Syllabus Point 1, State v. Davis, 164 W.Va. 783, 266 S.E.2d 909 (1980).

3. "In the determination of a claim that an accused was prejudiced by ineffective assistance of counsel violative of Article III, Section 14 of the West Virginia Constitution and the Sixth Amendment to the United States Constitution, courts should measure and compare the questioned counsel's performance by whether he exhibited the normal and customary degree of skill possessed by attorneys who are reasonably knowledgeable of criminal law, except that proved counsel error which does not affect the outcome of the case, will be regarded as harmless error." Syllabus Point 19, State v. Thomas, 157 W.Va. 640, 203 S.E.2d 445 (1974).

4. "Where a counsel's performance, attacked as ineffective, arises from occurrences involving strategy, tactics and arguable courses of action, his conduct will be deemed effectively assistive of his client's interests, unless no reasonably qualified defense attorney would have so acted in the defense of an accused." Syllabus Point 21, State v. Thomas, 157 W.Va. 640, 203 S.E.2d 445 (1974).

5. "Under the provisions of W.Va.Code, 57-7-1 and -2, all proceedings in the criminal trial are required to be reported; however, the failure to report all of the proceedings may not in all instances constitute reversible error." Syllabus Point 5, State v. Bolling, 162 W.Va. 103, 246 S.E.2d 631 (1978).

Gayle Fidler, Asst. Atty. Gen., for appellant.

Michael F. Gibson, Robert M. Nunley, Princeton, for appellee.

Per Curiam:

On October 28, 1983, Leonard B. Chamberlain was convicted by a Mercer County jury of delivery of marijuana. On appeal, he asserts two evidentiary errors. First, he contends that the trial court improperly admitted testimony relative to collateral crimes. Second, he argues that the State did not adequately prove the chain of custody of approximately three pounds of marijuana which was introduced at trial. Other assignments of error include claims of ineffective assistance of counsel and of prejudice resulting from delay in the preparation of trial transcripts. We find no error and affirm the conviction.

I.

Early in 1983, Trooper J.R. Howell of the Department of Public Safety began to investigate drug trafficking in Mercer County, West Virginia. Evidence developed during his investigation implicated one William Gordon, who agreed to cooperate with the police. Mr. Gordon revealed to the police the identity of his supplier, David Humphreys, but he was unaware of others in the distributive chain. At Trooper Howell's request, Mr. Gordon arranged to purchase three pounds of marijuana from Mr. Humphreys. On the morning of March 16, 1983, he telephoned Mr. Humphreys and requested a "buy." Later in the day, at approximately 7:30 p.m., Mr. Humphreys arrived at Mr. Gordon's house with a brown grocery bag in his possession. The grocery bag contained over three pounds of marijuana wrapped in six smaller plastic bags. Trooper Howell seized the grocery bag and its contents, and advised Mr. Humphreys of his Miranda rights.

After interrogating Mr. Humphreys, it was learned that he had obtained the three pounds of marijuana from two other distributors, Gary Butt and Earl Noland. Trooper Howell subsequently questioned and secured the cooperation of both Mr. Butt and Mr. Noland. They disclosed that the marijuana in question had been provided by the defendant.

Within a day or two, Trooper Howell attempted to arrange a second purchase from the defendant through the assistance of Mr. Butt and Mr. Noland. The defendant apparently met with Mr. Noland, but advised him that he had no more marijuana. After this attempted purchase proved unsuccessful, an indictment was sought against the defendant based upon the information already provided by the informants. An indictment was returned in June, 1983.

The trial commenced on October 27, 1983. The State's principal witnesses were Mr. Butt and Mr. Noland, who detailed the events surrounding their purchase of the marijuana from the defendant. Their testimony revealed that at 11:00 a.m. on March 16, 1983, Mr. Humphreys telephoned Mr. Noland to request three pounds of marijuana. Thereafter, Mr. Noland and Mr. Butt traveled together by pick-up truck to Mr. Humphreys' residence, where Mr. Humphreys tendered $6,500 in cash for a prior drug purchase.

At approximately 5:00 p.m., Mr. Noland and Mr. Butt met the defendant at his trailer and the cash sum of $6,500 was paid to him. Mr. Noland then told the defendant that he required three pounds of marijuana and inquired whether he had any marijuana. The defendant replied that he had slightly over three pounds of marijuana which he would provide to them. While Mr. Noland and Mr. Butt remained in the trailer, the defendant exited briefly and returned. When the two men returned to their truck, they observed a brown grocery bag which had been placed in the front seat. This, they explained, was the usual method by which the defendant delivered marijuana to his buyers.

Mr. Butt did not examine the bag or its contents. Mr. Noland did so, but it was disputed whether his examination took place immediately or upon arriving at Mr. Humphreys' house. Within the bag was an unspecified number of plastic bags containing marijuana. The two men traveled directly to Mr. Humphreys' residence where the marijuana was removed, weighed, and repackaged. It was then hand delivered to Mr. Humphreys.

Mr. Gordon and Mr. Humphreys testified generally about their involvement in the drug transaction and identified the grocery bag and marijuana. Trooper Howell described his seizure of the marijuana from Mr. Humphreys and Mr. Gordon and identified his mark and initials on the State's exhibits. The balance of the chain of custody was provided by the testimony of a field officer and a police chemist.

II.

The defendant initially challenges the testimony of Mr. Gordon and Mr. Humphreys as improper evidence of collateral crimes. It is argued that the witnesses' revelations about their dealings with the three pounds of marijuana, which did not directly involve the defendant, were highly prejudicial.

Evidence that the defendant has committed other crimes or wrongs is generally inadmissible for the purpose of proving that he committed the offense for which he has been charged, as we held in Syllabus Point 11 of State v. Thomas, 157 W.Va. 640, 203 S.E.2d 445 (1974):

"Subject to exceptions, it is a well-established common-law rule that in a criminal prosecution, proof which shows or tends to show that the accused is guilty of the commission of other crimes and offenses at other times, even though they are of the same nature as the one charged, is incompetent and inadmissible for the purpose of showing the commission of the particular crime charged, unless such other offenses are an element of or are legally connected with the offense for which the accused is on trial."

This rule is subject to several exceptions, including situations involving a "common scheme or plan" in which two or more crimes are interrelated. Syllabus Point 12, State v. Thomas, supra. See also State v. Frasher, 164 W.Va. 572, 265 S.E.2d 43 (1980). ¹

As the State correctly points out, to the extent that the witnesses' testimony dealt with their own involvement in drug trafficking, the collateral crimes rule is simply inapplicable. We have repeatedly stated that the purpose of the rule is to "preclude the inference that because [the defendant] had committed other crimes previously he was more liable to commit the crime for which he is presently indicted and being tried." State v. Thomas, 157 W.Va. at 654, 203 S.E.2d at 455. See also State v. Dolin, 176 W.Va. 688, 347 S.E.2d 208 (1986); State v. Harris, 166 W.Va. 72, 272 S.E.2d 471 (1980). Consequently, the rule is not involved where the State seeks to introduce evidence of other crimes committed by persons other than the defendant. ²

Though the point is not pressed strenuously, the defendant also appears to contest references by Mr. Humphreys and Mr. Butt to the payment of $6,500 to the defendant for a prior drug transaction. This testimony, it is argued, was improper as implicating the defendant in a prior course of criminal conduct.

Thomas 's rule on collateral crimes by the defendant is, of course, applicable to drug cases. We have accordingly held that, as a general rule, evidence of prior unrelated drug transactions is inadmissible in a trial upon another drug charge. See, e.g., State v. Thompson, 176 W.Va. 300, 342 S.E.2d 268 (1986); State v. Ruddle, 170 W.Va. 669, 295 S.E.2d 909 (1982); State v. Rector, 167 W.Va. 748, 280 S.E.2d 597 (1981).

Ruddle is typical. There, a State witness referred in his testimony to a number of sales of marijuana by the defendant which had occurred over a...