Payne v. State I
2017 Ark. App. 263
| Ark. Ct. App. | 2017Background
- On March 15, 2015, Officer Atwell stopped Monty Payne’s truck after it swerved; a passenger, Donald Miller, was in the front seat.
- During the stop police found a glass pipe and a baggie with white powder on the passenger side; field test and lab testing confirmed methamphetamine (0.3448 g).
- Miller told police Payne had thrown a pipe out the window; a drug dog alerted on the driver’s-side door; Payne consented to a later impound-yard search.
- A subsequent search (with a written waiver) uncovered two baggies with white residue and two syringes behind the driver’s door panel; one syringe appeared recently used.
- Miller (called by the defense) testified at trial that Payne threw items out the passenger window and hid items in the driver’s door; he admitted prior meth use with Payne via the seized pipe.
- Payne was convicted by a jury of possession of methamphetamine and possession of drug paraphernalia; he appealed on sufficiency grounds and alternatively sought a new trial based on a posttrial-recorded recantation by Miller.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support convictions for possession of methamphetamine and drug paraphernalia | State: constructive possession shown by Payne’s control of the vehicle, Miller’s testimony that Payne threw/owned items, proximity of pipe and meth, and contraband hidden in driver’s door | Payne: lab-tested meth was found on passenger side and ownership uncertain; other items (pipe, door stash, syringes) weren’t lab-tested or directly tied to him | Court: Affirmed — substantial evidence of constructive possession of meth and paraphernalia (pipe is drug paraphernalia; proximity and Miller’s testimony support possession) |
| Denial of motion for new trial based on newly discovered recantation by Miller | Payne: Miller later admitted (recorded) that he lied at trial and that the pipe/meth outside belonged to Miller, warranting a new trial | State: trial court found the alleged recantation lacked credibility; Miller invoked Fifth at hearing and refused to detail the conversation | Court: Affirmed — no abuse of discretion; trial court properly found recantation not credible and denied new trial |
Key Cases Cited
- Polk v. State, 348 Ark. 446, 73 S.W.3d 609 (possession may be proved by constructive possession)
- Misskelley v. State, 323 Ark. 449, 915 S.W.2d 702 (newly discovered evidence is least favored ground for new trial; standard for reversal)
- Smart v. State, 352 Ark. 522, 104 S.W.3d 386 (trial-court factual findings and witness-credibility determinations on new-trial motions are not disturbed unless clearly erroneous)
- Cooper v. State, 246 Ark. 368, 438 S.W.2d 681 (trial court may deny new trial where recantation lacks credibility, especially where it implies perjury)