Holbrook v. State
| Docket Number: | 2007-KA-01257-COA Linked Case(s): 2007-KA-01257-COA ; 2007-CT-01257-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-23-2008 Opinion Author: Chandler, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of controlled substance - Sworn jury Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, and Carlton, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-22-2006 Appealed from: Harrison County Circuit Court Judge: Roger T. Clark Disposition: CONVICTED OF POSSESSION OF METHAMPHETAMINE IN AN AMOUNT GREATER THAN 0.1 GRAM BUT LESS THAN 2.0 GRAMS AND SENTENCED AS A SUBSEQUENT OFFENDER TO TEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Cono A. Caranna, II Case Number: B2401-06-00150 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | DONALD ANDREW HOLBROOK |
LESLIE S. LEE,
W. DANIEL HINCHCLIFF |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LAURA HOGAN TEDDER | ||
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 controlled substance - Sworn jury |
| Summary of the Facts: | Donald Holbrook was convicted of possession of a controlled substance. Because Holbrook had been previously convicted of possession of a controlled substance, the trial court imposed an enhanced penalty of ten years. Holbrook appeals. |
| Summary of Opinion Analysis: | Holbrook argues that the court committed plain error by failing to administer the required oath to the jury. There is nothing in the record of the proceedings in the trial court to indicate that the jury was not sworn as required by section 13-5-71. However, the trial transcript does not reflect the reading of the oath. There is a rebuttable presumption that trial judges have properly performed their duties. This includes the rebuttable presumption that the trial court administered the oath to the jury. Holbrook's counsel did not object to the giving of a jury instruction that acknowledged that the jury was sworn. Holbrook has not overcome the presumption that the jury was sworn. |
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