Anthony v. State
| Docket Number: | 2010-CT-01004-SCT Linked Case(s): 2010-KA-01004-COA ; 2010-KA-01004-COA ; 2010-CT-01004-SCT ; 2010-CT-01004-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 01-17-2013 Opinion Author: Pierce, J. Holding: Reversed and Remanded |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-31-2012 Opinion Author: Griffis, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sale of cocaine - Limitation on cross-examination - M.R.E. 616 - Credibility of confidential informant Judge(s) Concurring: Waller, C.J., Kitchens, Chandler and King, JJ. Dissenting Author : Lamar, J. Dissent Joined By : Dickinson and Randolph, P.JJ., and Coleman, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY Writ of Certiorari: Granted Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 06-17-2010 Appealed from: Lauderdale County Circuit Court Judge: Lester F. Williamson Disposition: CONVICTED OF SALE OF COCAINE AND SENTENCED AS A HABITUAL OFFENDER TO SIXTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION AND TO PAY A FINE OF $5,000 District Attorney: Bilbo Mitchell Case Number: 715-09 |
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| Note: | The Supreme Court found that the trial court erred by limiting the cross-examination of the confidential informant, and reversed the conviction and remanded for a new trial. The Court of Appeals previously affirmed the conviction. The original Court of Appeals opinion can be found at http://courts.ms.gov/Images/Opinions/CO74491.pdf | |
| Party Name: | Attorney Name: | |||
| Appellant: | Steve Antonio Anthony |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: STEPHANIE BRELAND WOOD, SCOTT STUART |
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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 - Limitation on cross-examination - M.R.E. 616 - Credibility of confidential informant |
| Summary of the Facts: | Steve Anthony was convicted of the sale of cocaine. He appealed, and the Court of Appeals affirmed. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | M.R.E. 616 allows admission of evidence of bias, prejudice, or interest of a witness for or against any party in order to attack the credibility of the witness. This includes interrogating the witness’s belief or perception as to whether the State could extend leniency for pending charges. In this case, the trial court limited Anthony’s cross-examination of the confidential informant. Anthony sought to cross-examine the CI regarding a prior conviction from 1993, an arrest in 2007 for two counts of sale of a controlled substance and one count of contempt of child support, and an arrest in 2007 for one count of possession of a controlled substance and one count of abuse/neglect/exploitation of a vulnerable adult. The trial court allowed cross-examination on the two counts of sale of a controlled substance for which the CI was arrested in 2007 because he was “working off” these charges as a confidential informant, but refused to allow cross-examination on the remaining charges and the 1993 conviction. In limiting Anthony’s cross-examination, the trial court denied Anthony the opportunity to fully challenge the CI’s credibility, especially since the State relied heavily on the CI’s testimony. The CI’s reliability was crucial, and the court erred in limiting the cross-examination. |
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