Juarez v. State
| Docket Number: | 2006-KA-01475-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 10-04-2007 Opinion Author: RANDOLPH, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of marijuana - Cross-examination - M.R.E. 401 - M.R.E. 402 - Motion to suppress Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson and Lamar, JJ. Concurs in Result Only: Graves, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-24-2006 Appealed from: NESHOBA COUNTY CIRCUIT COURT Judge: Marcus D. Gordon Disposition: MONICA LYN JUAREZ: Conviction of possession of more than 30 grams of marijuana and sentence of two (2) years in the custody of the Mississippi Department of Corrections. JAMES DAVID LARABEL: Conviction of possession of more than 30 grams of marijuana and sentence of three (3) years in the custody of the Mississippi Department of Corrections, pay a fine of fifteen hundred dollars ($1500.00), and all costs of court. District Attorney: Mark Sheldon Duncan Case Number: 06-CR-0046-NS-G |
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| Party Name: | Attorney Name: | |||
| Appellant: | MONICA LYN JUAREZ AND JAMES DAVID LARABEL |
EDMUND J. PHILLIPS, JR. |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL |
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| Topic: | Possession of marijuana - Cross-examination - M.R.E. 401 - M.R.E. 402 - Motion to suppress |
| Summary of the Facts: | Monica Juarez and James Larabel were convicted of possession of more than 30 grams but less than 250 grams of marijuana. They appeal. |
| Summary of Opinion Analysis: | Issue 1: Cross-examination Juarez and Larabel argue that the court committed reversible error in sustaining the State’s objection to their cross-examination of an officer regarding whether he had been instructed not to videotape interviews. M.R.E. 402 provides that evidence which is not relevant is not admissible. M.R.E. 401 defines relevant evidence as evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. In Juarez and Larabel’s written statements, they both alleged that the marijuana belonged to “Bruce.” Since there is no dispute regarding the substance of either the interviews or the written statements, the issue of videotaping the interviews is irrelevant to guilt or innocence. No substantial right belonging to Juarez or Larabel was affected. Issue 2: Motion to suppress Juarez and Larabel argue that the court committed reversible error in denying their motion to suppress the results of the search. It is the duty of the appellant to present a record of trial which is sufficient to support his assignments of error. The search warrant affidavit is absent from the record. Therefore, the Court cannot determine whether probable cause existed vel non. |
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