Cousar v. State
| Docket Number: | 2002-KA-01429-SCT Linked Case(s): 2002-KA-01429-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 10-16-2003 Opinion Author: Cobb, J. Holding: Motion for rehearing filed by appellant is denied. |
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| Additional Case Information: |
Topic: Sale of cocaine - Witness identification instruction - Sufficiency of evidence Judge(s) Concurring: Pittman, C.J., Smith, P.J., Waller, Diaz, Easley, Carlson and Graves, JJ. Non Participating Judge(s): Diaz, J. Concurs in Result Only: McRae, P.J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-20-2002 Appealed from: Hinds County Circuit Court Judge: Bobby DeLaughter Disposition: The Appellant was found guilty of sale of cocaine and sentenced to twenty years imprisonment. District Attorney: Eleanor Faye Peterson Case Number: 01-1-313 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Donald Ramiro Cousar a/k/a "Coop" |
PHILLIP BROADHEAD
THOMAS M. FORTNER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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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 cocaine - Witness identification instruction - Sufficiency of evidence |
| Summary of the Facts: | Donald Cousar was convicted of sale of cocaine and was sentenced to twenty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Witness identification instruction Cousar argues that the court erred in redacting the language “the accuracy of any prior descriptions of the defendant by the witness” from his proposed jury instruction, because the revised instruction failed to fully instruct the jury as to all the elements required for proper identification. An instruction is not to be given if it is not supported by evidence. Here, the court did not err in redacting the language, because a physical description of Cousar was not provided by the officer. In addition, the jury was given proper instructions for identification testimony, given the facts of the case. Issue 2: Sufficiency of evidence Cousar argues that he should not be found guilty by the uncorroborated testimony of a single witness in a case where there was neither video nor photographs taken of the alleged cocaine purchase. However, a single witness’s uncorroborated testimony is sufficient to support a conviction. Cousar was identified in the court room by the officer as the person from whom he purchased eight rocks of cocaine and he identified Cousar’s voice on the tape recording of the cocaine purchase. The credibility of witnesses and responsibility for weighing and considering conflicting evidence is for the jury, not the reviewing court. |
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