Bailey v. State
| Docket Number: | 2006-KA-00011-COA Linked Case(s): 2006-KA-00011-COA |
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| Oral Argument: | 04-25-2007 | |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-12-2007 Opinion Author: CARLTON, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of methamphetamine - Motion to suppress - Sufficiency of evidence Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 10-06-2005 Appealed from: Chickasaw County Circuit Court Judge: Henry L. Lackey Disposition: CONVICTED OF POSSESSION OF METHAMPHETAMINE AND SENTENCED TO TWENTY-FOUR YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND FINED $10,000, AND ORDERED TO PAY $100 TO CRIME VICTIM’S COMPENSATION FUND District Attorney: Benjamin F. Creekmore Case Number: 04-034A |
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| Party Name: | Attorney Name: | |||
| Appellant: | BILLY BAILEY |
J. DUDLEY WILLIAMS |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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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: | Possession of methamphetamine - Motion to suppress - Sufficiency of evidence |
| Summary of the Facts: | Billy Bailey was convicted for the crime of possession of methamphetamine. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Motion to suppress Bailey argues that the court committed reversible error by failing to grant his motion to suppress, because there was no probable cause for the search warrant which was issued. Probable cause exists when facts and circumstances within an officer’s knowledge, or of which he has reasonably trustworthy information, are sufficient within themselves to justify a man of average caution in the belief that a crime has been committed and that a particular person committed it. The information provided to law enforcement by confidential informants caused police to conduct surveillance on Bailey’s residence. That surveillance resulted in direct observation by police that activity consistent with drug trafficking was taking place at that location. In addition, a recent occupant of Bailey’s residence was placed in custody and confirmed that she had in fact purchased methamphetamine at Bailey’s residence. The totality of circumstances presented a substantial basis for the judge to conclude that probable cause existed for the proper issuance of the search warrant. Issue 2: Sufficiency of evidence Bailey argues that the State presented legally insufficient evidence to convict him, because there was no competent evidence advanced to connect him to the methamphetamine found in his apartment. Items recovered from a search of Bailey’s residence and vehicle include a total of 18.03 grams of methamphetamine, notebooks containing initials and dollar amounts, scales, plastic bags, and other drug paraphernalia. Bailey’s girlfriend testified about Bailey’s drug activity and the lists Bailey maintained to track which purchasers still owed money from past drug transactions. She also testified concerning Bailey’s ownership of the drugs recovered when the police executed the search warrant on his residence and vehicle. This evidence demonstrates that Bailey was running a full-fledged drug distribution operation. |
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