Ewing v. State
| Docket Number: | 2010-KA-00251-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 10-14-2010 Opinion Author: Pierce, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Sale of controlled substance - Weight of evidence Judge(s) Concurring: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ. Non Participating Judge(s): Graves, P.J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 01-22-2010 Appealed from: Calhoun County Circuit Court Judge: Robert Elliott Disposition: Conviction of the sale of a controlled substance (Hydrocodone) and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections with five (5) years suspended, with conditions. District Attorney: Benjamin F. Creekmore Case Number: CR2008-030 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | James Ewing |
OFFICE OF INDIGENT APPEALS: BENJAMIN ALLEN SUBER, LESLIE LEE, KEVIN L. HOWE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS | ||
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: | Sale of controlled substance - Weight of evidence |
| Summary of the Facts: | James Ewing was convicted for the sale of a controlled substance, i.e., hydrocodone. Ewing was sentenced to fifteen years with five years suspended and five years on post-release supervision. He appeals. |
| Summary of Opinion Analysis: | Ewing argues that the verdict was against the overwhelming weight of the evidence, because he did not knowingly sell or transfer hydrocodone to the confidential informant. The CI testified on direct that she had called her friend Debra and arranged to buy hydrocodone; she had bought six pills of hydrocodone from Ewing and not Debra; she had given the twenty dollars to Ewing in exchange for the hydrocodone; and she identified Ewing as the person with whom she made the exchange. Additionally, the State produced a deputy who testified that prior to the controlled buy, he had searched the CI and her vehicle before he had placed concealed audio and video equipment on her; he had listened to the audio recording as the transaction between the CI and Ewing took place; and he had received six pills of hydrocodone from the CI after the exchange had ended and had the pills tested by the Mississippi Crime Laboratory to make sure the pills actually were hydrocodone. Although Ewing’s testimony directly contradicted the testimony of the CI, this conflict merely presented an issue for the jury to resolve. |
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