Conner v. State
| Docket Number: | 2009-KA-01094-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-31-2010 Opinion Author: Roberts, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Possession of cocaine - Mistrial - Weight of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-07-2007 Appealed from: Adams County Circuit Court Judge: Forrest Johnson Disposition: CONVICTED OF POSSESSION OF MORE THAN 0.1 GRAM BUT LESS THAN 2.0 GRAMS OF COCAINE AND SENTENCED AS A HABITUAL OFFENDER TO EIGHT YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION District Attorney: Ronnie Lee Harper Case Number: 06-KR-0229-J |
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| Party Name: | Attorney Name: | |||
| Appellant: | James E. Conner |
LESLIE S. LEE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT |
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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 cocaine - Mistrial - Weight of evidence |
| Summary of the Facts: | James Conner was convicted of possession of more than 0.1 gram but less than 2.0 grams of cocaine. He was sentenced as a habitual offender to eight years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Mistrial Conner argues that the circuit court should have granted his motion for a mistrial based on comments the judge made that Conner characterizes as improper comments on the evidence. Conner objected to the admissibility of the contents of the pill bottle based on the chain of custody of the evidence. The test of whether there has been a break in the chain of custody of evidence is whether there is an indication or reasonable inference of probable tampering with the evidence or substitution of the evidence. The circuit court correctly addressed the issue of whether there was any indication that the evidence had been tampered with between the time it was seized by law enforcement officers, transferred to the Mississippi Crime Laboratory, and later returned to law enforcement officers. Conner claimed that neither the pill bottle nor its contents had ever been in his possession. The circuit court did not comment on that issue. Thus, there is no merit to this argument. Issue 2: Weight of evidence Conner argues that the jury’s verdict is contrary to the overwhelming weight of the evidence. Viewing the evidence in the light most favorable to the verdict, the jury heard testimony that Conner discarded a pill bottle during an attempt to evade the officer. The jury also heard testimony that the pill bottle contained more than 0.1 gram but less than 2.0 grams of cocaine. Thus, the issue is without merit. |
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