Cook v. State
| Docket Number: | 2005-KA-02138-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-13-2007 Opinion Author: ROBERTS, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Possession of precursor chemicals - Expert testimony - M.R.E. 702 - Weight of evidence - Leading question - Cross-examination - M.R.E. 103 Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 10-13-2005 Appealed from: SCOTT COUNTY CIRCUIT COURT Judge: Marcus D. Gordon Disposition: CONVICTED OF POSSESSION OF PRECURSOR CHEMICALS WITH INTENT TO MANUFACTURER METHAMPHETAMINE - SENTENCED TO SERVE A TERM OF 30 YEARS IN THE CUSTODY OF MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: MARK SHELDON DUNCAN Case Number: 05-CR-074-SC-G |
|
| Party Name: | Attorney Name: | |||
| Appellant: | DONNIE RICHARD COOK |
EDMUND J. PHILLIPS, JR. |
||
| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART |
|
|
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 precursor chemicals - Expert testimony - M.R.E. 702 - Weight of evidence - Leading question - Cross-examination - M.R.E. 103 |
| Summary of the Facts: | Donnie Cook was convicted of willfully, unlawfully and feloniously having in his possession two or more precursor chemicals with the intent to manufacture methamphetamine. He was sentenced as a habitual offender to thirty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Expert testimony Cook argues that the court erred in allowing the State’s expert witness to testify as to what ephedrine and pseudoephedrine were used for in the realm of drug manufacturing. In light of the expert’s direct testimony on his training of the chemical properties of various controlled substances, it was not clearly erroneous under M.R.E. 702 for the court to allow an expert in the fields of drug analysis and identification to testify as to the chemical make up of methamphetamine. Issue 2: Weight of evidence Cook argues that the facts presented at trial did not show that he was in constructive possession of the precursor chemicals. In order to show that Cook was in constructive possession of the precursor chemicals the State does not have to show actual physical possession. However, there must be sufficient facts to support a finding that the defendant was aware of the presence and character of the particular substance and was intentionally and consciously in possession of it. It must also be shown that the precursors were subject to the defendant’s dominion or control as well as other incriminating facts and circumstances. The evidence presented to the jury was more than enough to support a finding of constructive possession. A witness testified that Cook exit the smoked filled room carrying a plastic container and glass jar connected by a tube which was identified as a methamphetamine lab. Substances contained within these items were later identified as ether, ephedrine, pseudoephedrine and hexanes. Additionally, the coffee filters found in the same room in which Cook ran contained methamphetamine and ephedrine pseudoephedrine. Issue 3: Leading question Cook argues that the court erred in overruling his objection that the State was leading a witness. However, Cook fails to show how allowing the question prejudiced his case or adversely affected a substantial right he enjoyed. Issue 4: Cross-examination Cook argues that the court erred in sustaining the State’s objection to relevancy during cross-examination of a witness by Cook’s counsel. Cook failed to make a proffer under M.R.E. 103. In addition, he was able to get this testimony in through another witness. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
