Stagg v. State


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Docket Number: 2001-KA-01514-COA
Linked Case(s): 2001-KA-01514-COA

Court of Appeals: Opinion Link
Opinion Date: 03-11-2003
Opinion Author: Lee, J.
Holding: Affirmed

Additional Case Information: Topic: Possession of methamphetamine - Polygraph test - Presumption of innocence instruction - Motion to suppress - Probable cause for search
Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Myers, Chandler and Griffis, JJ.
Non Participating Judge(s): Chandler, J.
Concurs in Result Only: Irving, J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 06-21-2001
Appealed from: Scott County Circuit Court
Judge: Vernon Cotten
Disposition: CONVICTION OF POSSESSION OF METHAMPHETAMINE WHILE IN POSSESSION OF A FIREARM AND SENTENCE OF TEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, PLUS PAY A $3,000 FINE.
District Attorney: Ken Turner
Case Number: 2000-CR-0173-SC

  Party Name: Attorney Name:  
Appellant: Earl Stagg, Jr.




EDMUND J. PHILLIPS



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS  

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Topic: Possession of methamphetamine - Polygraph test - Presumption of innocence instruction - Motion to suppress - Probable cause for search

Summary of the Facts: Earl Stagg was convicted of unlawful possession of methamphetamine while in possession of a firearm and was sentenced to ten years. He appeals.

Summary of Opinion Analysis: Issue 1: Polygraph test Stagg argues that the court erred in granting the State's motion in limine to force Stagg to refrain from mentioning during the closing argument Stagg's offer to take a polygraph test. Testimony pertaining to a witness's offer to take a polygraph, whether it be a witness for the State or the defense, is not admissible at trial. Here, the judge acted prudently in declining to allow this improper evidence to further be presented to the jury in closing argument. Issue 2: Presumption of innocence instruction Stagg argues that the court erred in refusing his instruction which instructed the jury on the presumption of innocence theory and the reasonable doubt theory. The failure to give a requested instruction on the presumption of innocence does not in and of itself violate the Constitution but must be evaluated in light of the totality of the circumstances. A review of the other instructions in this case as well as the weight of the evidence indicated that the judge did not err in refusing the portion of this instruction concerning presumption of innocence. With regard to reasonable doubt, an instruction concerning the definition of reasonable doubt is not necessary because the phrase defines itself. Issue 3: Motion to suppress Stagg argues that the court erred in denying his motion to suppress the results of the search, because the officer did not have probable cause to search his truck. Here, the officer saw Stagg feverishly attempting to stuff a paper towel into the cargo hole of his truck and also saw a little baggy hanging out of the towel which appeared to contain contraband. Under these circumstances, the officer had probable cause.


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