Massey v. State
| Docket Number: | 2002-KA-00746-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-13-2004 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Receiving stolen property - Scope of redirect examination - Hearsay - Sufficiency of evidence Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-08-2002 Appealed from: Leflore County Circuit Court Judge: Margaret Carey-McCray Disposition: CONVICTION OF RECEIVING STOLEN PROPERTY AND SENTENCE OF FIVE YEARS IN THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Frank Carlton Case Number: 24,255 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Lonnie G. Massey |
WHITMAN D. MOUNGER |
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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: | Receiving stolen property - Scope of redirect examination - Hearsay - Sufficiency of evidence |
| Summary of the Facts: | Lonnie Massey was convicted of receiving stolen property and was sentenced to five years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Redirect examination Massey argues that the State’s redirect of a United States Postal Inspector was outside the scope of his own cross-examination of the same witness. When the defense attorney inquires into a subject on cross-examination of the State's witness, the prosecutor on redirect is entitled to elaborate on the matter. Massey’s counsel inquired about various states where money orders, which had been stolen from the Swiftown Post Office, had been attempted to be cashed. This brought into issue whether a casual connection existed between individuals who had attempted to cash these stolen money orders and Massey’s prior possession of money orders he admitted to maintaining. Since Manning's counsel opened this inquiry, the State’s questioning on this issue was not improper redirect. Issue 2: Hearsay Massey argues that the State improperly cross-examined him as a witness when it used prejudicial hearsay in an effort to impeach him. The jury is presumed to follow an admonition of the court to disregard objectionable evidence and the court's admonition is usually deemed sufficient to remove any prejudicial effect from the minds of the jurors. Not only was any harm minimal but the judge issued a corrective instruction to the jurors to disregard the prosecutor’s question. Issue 3: Sufficiency of evidence Massey argues that the State’s case was insufficient. Here, there was more than sufficient evidence existed to support Massey’s conviction of receiving stolen property. Witnesses testified that Massey was in possession of money orders which proved to have been those stolen from the post office. |
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