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Holloway v. State

The trial court did not abuse its discretion in eventually limiting the defendant's cross-examination of an officer about his arrests of other suspects and the mistakes he made in reports in other cases, which were only marginally relevant to the cocaine sale charge against the defendant.

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A jury found Donald Holloway guilty of sale of cocaine. He appeals from the conviction, contending the trial court improperly limited his right to a thorough and sifting cross-examination by preventing him from examining mistakes the investigating officer made in police reports involving other suspects. We affirm the conviction. Viewed in a light most favorable to the conviction, the evidence shows that undercover narcotics agents drove to the rear of Holloway’s house. When Holloway approached the car, one of the officers told him he wanted to buy $20 worth of crack cocaine. Holloway reached into his shirt pocket and handed the officer cocaine, and the officer gave Holloway $20. The car was equipped with a videocamera, and the transaction was recorded on videotape. The tape was played for the jury.

Holloway contends the undercover officer had no independent recollection of the events involving the alleged transaction and that his trial testimony was based exclusively on his police report. That report, Holloway urges, was unreliable and contained inaccuracies regarding such matters as which officer the undercover officer handed the cocaine to after the sale, and the arrest date. Holloway says the officer made so many arrests in the operation that he produced inaccurate reports, including in Holloway’s case, and the officer likely confused the arrest of Holloway with the arrest of Holloway’s brother on similar charges. According to Holloway, the trial court did not permit him to ask any questions about the officer’s reports in other cases. Holloway’s argument presents no basis for reversal.

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