Chambers v. State


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Docket Number: 2002-KA-01266-COA
Linked Case(s): 2002-CT-01266-SCT ; 2002-KA-01266-COA

Court of Appeals: Opinion Link
Opinion Date: 01-27-2004
Opinion Author: Chandler, J.
Holding: Appellant's motion for rehearing is denied.

Additional Case Information: Topic: Sale of cocaine within 1500 feet of church - Peremptory challenges - Admission of evidence - Chain of custody - Weight of evidence
Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Myers and Griffis, JJ.
Concur in Part, Dissent in Part 1: Irving, J.
Concur in Part, Dissent in Part Joined By 1: King, P.J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 06-27-2002
Appealed from: Wayne County Circuit Court
Judge: Larry Eugene Roberts
Disposition: SALE OF COCAINE: SENTENCED TO SERVED A TERM OF TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH CREDIT FOR 199 DAYS JAIL TIME.
District Attorney: Bilbo Mitchell
Case Number: 02-15-K

  Party Name: Attorney Name:  
Appellant: Travis Ledell Chambers




LESLIE D. ROUSSELL



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN  

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Topic: Sale of cocaine within 1500 feet of church - Peremptory challenges - Admission of evidence - Chain of custody - Weight of evidence

Summary of the Facts: Travis Chambers was convicted for the crime of sale of cocaine within fifteen hundred feet of a church. He was sentenced to twenty years. He appeals.

Summary of Opinion Analysis: Issue 1: Peremptory challenges Chambers argues that the striking of African American jurors on the basis of a prior felony record violated Batson because Caucasian jurors whose family members included felons were not struck from the panel. The record shows that two of the individuals were excluded because they had a pending felony charge or a family member who had a felony charge that involved drugs. The other person was struck because Chambers’ counsel had represented her daughter in an earlier proceeding. Although three Caucasians remained on the jury panel as jurors or alternates, there is no evidence the State's selection of these individuals was pretextual. One person was even allowed to serve on the jury panel although he had a family member with a felony record. Since there are no facts which would show the State excluded jurors based on race, this issue is without merit. Issue 2: Admission of evidence Chambers argues that the cocaine and the laboratory test results should not be admissible, because there is no valid chain of custody because the crime lab submission form indicated one rock while the testimony at trial indicated two rocks. The pertinent question regarding chain of custody is whether there is any indication of tampering or substitution of evidence. The record reflects that the substance submitted to the lab was sealed and marked for identification. The seal and the identifying marks were intact when received at the lab, and showed no signs of tampering. Because there was no indication of tampering, the court correctly admitted the evidence. Issue 3: Weight of evidence Chambers challenges the weight of the evidence. The evidence supports a finding that Chambers committed the crime of selling cocaine within fifteen hundred feet of a church. Chambers was identified by the undercover officer as one of the persons that sold the cocaine. There is a videotape of the transaction, and two law enforcement officers testified that the drug transaction had occurred within fifteen hundred feet of a church.


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