Harvey v. State
| Docket Number: | 2002-KA-01804-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-22-2004 Opinion Author: King, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Resisting arrest & Possession of firearm by convicted felon - Weight of evidence Judge(s) Concurring: Bridges and Southwick, P.JJ., Thomas, Lee, Myers, Chandler and Griffis, JJ. Dissenting Author : Irving, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 09-26-2002 Appealed from: Grenada County Circuit Court Judge: Clarence E. Morgan, III Disposition: COUNT I RESISTING ARREST - SENTENCED TO A TERM OF SIX MONTHS IN THE GRENADA COUNTY JAIL. COUNT II RESISTING ARREST - DISMISSED. COUNT III POSSESSION OF A FIREARM BY A CONVICTED FELON - SENTENCED TO A TERM OF THREE YEARS IN THE CUSTODY OF THE MDOC. District Attorney: Doug Evans Case Number: 2001-0209 CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Joshua Harvey |
B. LEON JOHNSON |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Resisting arrest & Possession of firearm by convicted felon - Weight of evidence |
| Summary of the Facts: | Joshua Harvey was convicted of resisting arrest and possession of a firearm by a convicted felon. He was sentenced to six months in the Grenada County Jail on the resisting arrest charge and three years on the possession charge. He appeals. |
| Summary of Opinion Analysis: | Johnson argues that the verdict was against the overwhelming weight of the evidence, because the State failed to present credible evidence that the pistol was actually in his possession. The State presented evidence through the testimony of two officers who testified that Harvey pointed a chrome-colored pistol at them and another officer regarding the weapon found after the altercation with Harvey. Matters regarding the weight and credibility accorded the evidence are to be resolved by the jury. |
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