Derrick Brown v. State of Mississippi

Summary

The Supreme Court of Mississippi reviewed the admission of audiotaped telephone conversations between a confidential informant and unidentified persons in Derrick Brown’s prosecution for the sale of cocaine. The court held that the recordings were not hearsay because they were offered to show that the conversations occurred and their general content, rather than the truth of specific statements, and that their admission did not violate Brown’s confrontation rights. The court reversed the Court of Appeals and reinstated and affirmed the Tate County Circuit Court judgment and sentence.

Holdings

1. The recorded conversations were not hearsay because the State offered them to show that the conversations occurred and their general gist, not to prove the truth of any factual assertion made during the conversations. The trial court therefore did not abuse its discretion by admitting the recordings over Brown's hearsay objection.
2. Admission of the recordings did not violate Brown's rights under the Sixth Amendment to the United States Constitution or Article 3, Section 26 of the Mississippi Constitution because the State did not identify or present the anonymous speakers as witnesses against Brown, and Brown was able to cross-examine the witnesses the State actually called.

Questions Presented

1. Whether recorded telephone conversations between a confidential informant and unidentified persons, and a transcript of those conversations, were inadmissible hearsay.
2. Whether admission of the recorded conversations violated Brown's federal and state constitutional rights to confront witnesses against him.

Disposition

reversed