Lamb v. State
| Docket Number: | 2011-KA-00369-COA Linked Case(s): 2011-KA-00369-COA ; 2011-KA-00369-COA ; 2011-KA-00369-COA ; 2011-CT-00369-SCT |
|
| Court of Appeals: |
Opinion Link Opinion Date: 04-02-2013 Opinion Author: Fair, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Possession of methamphetamine with intent to distribute - Amendment of indictment - Weight of evidence Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Concur in Part, Dissent in Part 1: James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 02-28-2011 Appealed from: Lowndes County Circuit Court Judge: James T. Kitchens, Jr. Disposition: CONVICTED OF POSSESSION OF A CONTROLLED SUBSTANCE WITH INTENT TO SELL OR DISTRIBUTE AND SENTENCED AS A SUBSEQUENT DRUG OFFENDER AND A HABITUAL OFFENDER TO THIRTY-TWO YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION District Attorney: Forrest Allgood Case Number: 2010-0305-CR1 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | William H. Lamb |
WILLIAM H. LAMB (PRO SE)
LESLIE S. LEE
JUSTIN TAYLOR COOK
GARY GOODWIN |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY |
|
|
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. |
|
| Topic: | Possession of methamphetamine with intent to distribute - Amendment of indictment - Weight of evidence |
| Summary of the Facts: | William Lamb was convicted of possession of between two and ten grams with intent to distribute. Lamb was sentenced as a habitual offender to thirty-two years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Amendment of indictment After voir dire, the State moved to amend Lamb’s indictment to charge him as a habitual offender and a repeat drug offender. The court granted the amendment, and Lamb argues this was error. However, Lamb has made no specific claims of prejudice from the timing of the amendment nor has he shown any unfair surprise. Issue 2: Weight of evidence The evidence introduced at trial showed that Lamb swallowed the methamphetamine after chewing up the plastic bag it was kept in. His stomach contents were removed and samples, totaling 80 grams, were confirmed by laboratory analysis to contain methamphetamine. Lamb argues that water or saline could have been pumped into his stomach during the extraction of its contents, inflating the weight of the contents. However, his argument is supported by nothing but speculation. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
