Myhand v. State


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Docket Number: 2005-KA-01801-COA
Linked Case(s): 2005-KA-01801-COA ; 2005-CT-01801-SCT

Court of Appeals: Opinion Link
Opinion Date: 08-28-2007
Opinion Author: LEE, P.J.
Holding: Affirmed

Additional Case Information: Topic: Attempted manufacture of methamphetamine - Ineffective assistance of counsel - Improper rebuttal
Judge(s) Concurring: MYERS, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ.
Concurs in Result Only: KING, C.J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 08-19-2005
Appealed from: LEE COUNTY CIRCUIT COURT
Judge: Paul S. Funderburk
Disposition: CONVICTED OF ATTEMPTED MANUFACTURE OF METHAMPHETAMINE AND SENTENCED TO TWENTY YEARS WITH TEN YEARS SUSPENDED, TEN YEARS TO SERVE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND FIVE YEARS POSTRELEASE SUPERVISION AND FINE OF $5,000.
District Attorney: John Richard Young
Case Number: CR05-388

  Party Name: Attorney Name:  
Appellant: JAMES MYHAND A/K/A JAMES DAVID MYHAND




ROBERT SNEED LAHER



 

Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY  

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Topic: Attempted manufacture of methamphetamine - Ineffective assistance of counsel - Improper rebuttal

Summary of the Facts: James Myhand was convicted of attempted manufacture of methamphetamine. Myhand was sentenced to twenty years, with ten years suspended and five years post-release supervision. He appeals.

Summary of Opinion Analysis: Issue 1: Ineffective assistance of counsel Myhand argues that his trial counsel was ineffective, because he failed to object to certain testimony by the agent. Myhand states that his attorney should have voiced a hearsay objection. These statements by the agent are clearly not hearsay under M.R.E. 801(c) as the agent was simply offering an explanation as to his actions in the investigation. Myhand also argues his counsel should have objected to supposed expert testimony given by the agent. The agent is a specialist in methamphetamine investigations, having been to numerous specialized schools on the matter. Therefore, he was clearly qualified to discuss the method of manufacturing especially since this method used many of the exact ingredients and implements found in both the abandoned trailer and Myhand’s trailer. Myhand also argues that his trial counsel was ineffective for failing to request a possession of precursors instruction. Myhand cites no law in support of his theory that possession of precursors is a lesser-included offense, or even a lesser non-included offense, of attempt to manufacture methamphetamine. Furthermore, the punishment for both crimes is exactly the same. Myhand’s trial counsel was not ineffective by not giving the jury the option to find Myhand guilty of a charge which could carry the same punishment. Issue 2: Improper rebuttal Myhand argues that the trial court erred in allowing improper rebuttal and redirect. Myhand has failed to cite any authority in support of this assignment of error. Therefore, the issue is procedurally barred.


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