Corbin v. State

A jury found Sallie Kate Corbin guilty of possessing methamphetamine. In two enumerations of error, Corbin contends that the trial court erred in excluding testimony tending to show that the drugs belonged to someone else. For reasons which follow, we disagree and affirm. Viewed in a light favorable to the verdict,1 the evidence shows that on October 14, 2005, police went to Corbin’s residence as part of an investigation. Investigator Justin Siegel reached the house moments after Corbin arrived in her pick-up truck. Corbin’s daughter, Lisa Moore, also was in the vehicle. According to Siegel, he explained his presence and asked for permission to search the truck. Corbin agreed, and Siegel searched the vehicle and discovered methamphetamine in Corbin’s unzipped purse, which was located inside the truck. Siegel also searched Moore’s purse and found a film canister that contained methamphetamine. Both women were then charged with possessing methamphetamine. A subsequent search of the house revealed drug paraphernalia in Moore’s room, but none in the rest of the house. Based upon this evidence, the jury found Corbin guilty of possessing methamphetamine.

At trial, Corbin’s defense was that the drugs found in her purse belonged to Moore. Although Corbin subpoenaed Moore to testify, Moore did not appear for trial.2 Corbin attempted to introduce evidence of Moore’s drug use through other witnesses. Specifically, Corbin proffered the testimony of her son that Moore had told him that she had “gotten two eight balls,” which the son interpreted as meaning drugs. Corbin also proffered the testimony of her grandson who testified that Moore told him that she had been awake for “a couple” of days and that “she had more drugs she could do in her pocket.” The trial court excluded this testimony on several grounds, including that it was hearsay, that it improperly impugned the character of a defense witness, and that it was cumulative of other evidence. The trial court further noted that neither witness could testify as to the type of drug Moore allegedly had in her possession.