Boose v. State


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Docket Number: 2001-KA-01907-COA
Linked Case(s): 2001-KA-01907-COA

Court of Appeals: Opinion Link
Opinion Date: 04-29-2003
Opinion Author: Irving, J.
Holding: Affimred

Additional Case Information: Topic: Transfer of illegal substance - Statement - Sufficiency of evidence
Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers and Chandler, JJ.
Non Participating Judge(s): Griffis, J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 10-15-2001
Appealed from: Harrison County Circuit Court
Judge: Robert H. Walker
Disposition: GUILTY OF TRANSFER OF A CONTROLLED SUBSTANCE - SENTENCED TO 25 YEARS, WITHOUT PAROLE OR PROBATION, TO MISSISSIPPI DEPARTMENT OF CORRECTIONS
District Attorney: Cono A. Caranna, II
Case Number: B-2401-01-396

  Party Name: Attorney Name:  
Appellant: Mark A. Boose




LISA D. COLLUMS



 

Appellee: State of Mississippi W. GLENN WATTS  

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Topic: Transfer of illegal substance - Statement - Sufficiency of evidence

Summary of the Facts: Mark Boose was convicted of the transfer of an illegal substance. He was sentenced to twenty-five years as a habitual offender. He appeals.

Summary of Opinion Analysis: Issue 1: Statement Boose argues that the court erred when it denied his motion to suppress the testimony of a witness about the incriminating statement that Boose made at the district attorney’s office, because any statements made by him are protected by the attorney-client privilege found in Rule 502 of the Mississippi Rules of Evidence. While this is a novel argument, it is without merit. Issue 2: Sufficiency of evidence Boose argues that the State presented no credible evidence from which a reasonable and fairminded juror could find beyond a reasonable doubt that he committed the transfer of the cocaine. The State presented the testimony of the officer directly involved in the purchase, the case agent who monitored the purchase, the video of the alleged transfer, and the testimony of a deputy present while Boose was observing the videotape. This was sufficient evidence to support the verdict.


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