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Jackson v. State6/30/1998
ted States v.] Matlock, 415 U.S. at 177-78, 94 S.Ct. at 996-97, [39 L.Ed.2d 242 (1974)]. Even if the consenting party does not in fact possess actual authority to consent, a warrantless search may be justified when the authorities have reason to believe the consenting party has apparent authority.
Reeves v. State, 1991 OK CR 101, , 818 P.2d 495, 503.
Jackson's reliance on Minnesota v. Olson, 110 S.Ct. 1684, 495 U.S. 91, 109 L.Ed.2d 85 (1990), is not persuasive. Minnesota v. Olson stands for the proposition that an overnight guest has a legitimate expectation of privacy in his host's home. Id., 110 S.Ct at 1689, 495 U.S. at 98. The officers in Olson had no permission to enter the residence, either by consent or by warrant. We find that Leffette had the authority to consent to a search of the entire apartment; therefore, the seizure of the items was authorized.
Next, in the fifth sub-proposition, Jackson claims that he was prejudiced by the jury's exposure to inadmissible hearsay. Witness Randy Grady, a Department of Corrections investigator, testified that other inmates told him that Jackson had been tearing up Cade's letters prior to the murder. This testimony was followed by an objection which was sustained by the trial court and the witness was admonished.
Apparently during Grady's interview of Jackson, he asked Jackson if it was true that he had torn up some letters that Cade had sent him. Jackson responded that he had been tearing her stuff up for quite some time. The prosecutor, during cross-examination of Grady was trying to elicit this testimony and was successful with the next question. The questioning surrounding this hearsay was as follows:
Q. [referring to the interview of Jackson] Now at one point when you're talking about his relationship with Ms. Cade, . . . you asked him that - something about, wasn't it true that he had torn up some letters belonging to him that Ms. Cade had sent him. Do you remember that?
A. The other inmates I talked to told me he had been tearing her letters up.
MR. ALBERT: Judge, I object to hearsay.
Sustained. You know better than that, Agent.
Q. In fact, he corrected you and told you that he had been tearing her stuff up for quite some time, hadn't he?
A. Yes, Sir.
In view of the fact that the objection was sustained and no request was made to have the jury admonished and no motion for a mistrial or other relief was made, reversal is not required. Shepard v. State, 1988 OK CR 97, 7, 756 P.2d 597, 600.
Jackson claims in his sixth sub-proposition that a lay witness was improperly allowed to give her opinion as to whether Cade would have purchased alcoholic beverages for Jackson. The questioning leading to the objection centered around Cade's use of alcoholic beverages and whether she would have consumed alcoholic beverages or would have allowed them to be consumed by anyone in her presence on the day of her death. No objection was made to these questions.
This questioning was clearly an effort to show whether Cade acted in conformance to her character on the day of her death. Such evidence is inadmissible pursuant to 12 O.S.1991, Section 2404. However, Jackson made it clear, during opening statement, that he intended to present evidence that Cade purchased a bottle of an alcoholic beverage for him to consume. Jackson has not shown how this testimony caused him harm. Jackson bears the burden of showing that he was "prejudiced in his substantial rights by the error." Smith v. State, 1982 OK CR 89, 6, 656 P.2d 277, 284. Jackson has failed to show that he was prejudiced by the testimony
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