Gooden v. State
| Docket Number: | 2009-KA-00027-COA Linked Case(s): 2009-KA-00027-COA |
|
| Court of Appeals: |
Opinion Link Opinion Date: 10-05-2010 Opinion Author: Griffis, J. Holding: Affirmed. |
|
| Additional Case Information: |
Topic: Fraud - Motion to suppress - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 10-01-2008 Appealed from: WASHINGTON COUNTY CIRCUIT COURT Judge: Richard Smith Disposition: CONVICTED OF COUNT II, FRAUD, AND SENTENCED TO FIVE YEARS; AND COUNT III, FRAUD, AND SENTENCED TO FIVE YEARS, WITH THE SENTENCES TO RUN CONSECUTIVELY IN THE CUSTODY OF MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Willie Dewayne Richardson Case Number: 2007-425 |
|
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Diann Wright Gooden |
BRANDON ISAAC DORSEY |
|
|
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT | ||
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. |
|
| Topic: | Fraud - Motion to suppress - Sufficiency of evidence |
| Summary of the Facts: | Diann Gooden was convicted of two counts of fraud. She appeals. |
| Summary of Opinion Analysis: | Issue 1: Motion to suppress Gooden argues that a police officer tricked her during an interview and that her confession should be suppressed because her Miranda rights had been violated. Miranda warnings are needed once the suspect is subject to custodial interrogation. To be subject to custodial interrogation, the suspect must be both in custody and undergoing interrogation. A suspect is in custody when his right to freely leave has been restricted. The prosecution’s burden of proving beyond a reasonable doubt that the confession was voluntary is met and a prima facie case made out by testimony of an officer, or other persons having knowledge of the facts, that the confession was voluntarily made without any threats, coercion, or offer of reward. The interview occurred at an office of the Washington County Tax Collector during normal working hours. Gooden was there voluntarily and under no restraints. Two investigators were present. The interview lasted approximately one and one-half hours. No evidence was presented that there was any violence, threats of violence, or offers of reward to induce her confession. After a suppression hearing, the circuit court found that Gooden had not been subject to custodial interrogation and there is no evidence to the contrary. Issue 2: Sufficiency of evidence Gooden argues that the State did not prove every element of the offense charged because no one actually saw Gooden falsify information on any document. The officer testified about his interview with Gooden. Gooden admitted she had changed the addresses for the taxing districts to reduce the fees paid for car tags. She also admitted to him that she had supplied a made-up repair shop listed on the penalty waiver form to enable customers to have their late penalties waived. Two of Gooden’s customers also testified about what she had done for them. The State also presented physical evidence in support of the testimony. Although no one witnessed Gooden firsthand falsify the documents, reasonable inferences may be drawn from this evidence to support the conviction and a rational jury could find beyond a reasonable doubt that Gooden knowingly committed fraud. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
