Poole v. State
| Docket Number: | 2002-KA-01725-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: Sale of marijuana - Peonage 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: 10-22-2001 Appealed from: Pike County Circuit Court Judge: Keith Starrett Disposition: UNLAWFUL SALE OF MORE THAN ONEOUNCE OF MARIJUANA: SENTENCED TO THE CUSTODY OF THE MDOC FOR TWENTY YEARS. DEFENDANT WILL SERVE THE FIRST EIGHTEEN YEARS WITH THE REMAINING TWO YEARS TO BE SERVED ON POSTRELEASE SUPERVISION. DEFENDANT IS ORDERED TO PAY A FINE IN THE AMOUNT OF $10,000 AND COURT COSTS. District Attorney: J. Daniel Smith Case Number: 01-196-KA |
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| Party Name: | Attorney Name: | |||
| Appellant: | Michael Poole a/k/a Michael Pool |
WILLIAM E. GOODWIN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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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: | Sale of marijuana - Peonage |
| Summary of the Facts: | Michael Poole was found guilty of the sale of marijauna and was sentenced to twenty years. He appeals. |
| Summary of Opinion Analysis: | Poole argues that the State, acting through the MBN, unilaterally imposed a duty upon him that he go to work for it as an unpaid, undercover, unprotected agent and confidential informant by holding the threat of legal sanction and imprisonment over his head. Peonage is defined as a status or condition of compulsory service, based upon the indebtedness of the peon to the master. Not only did Poole never actually perform any act as a confidential informant, but there is no agreement between Poole and the State in the record. Therefore, there is no merit in Poole's claim of involuntary servitude and peonage. |
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