Jackson v. State


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Docket Number: 2010-KA-00007-COA
Linked Case(s): 2010-KA-00007-COA ; 2010-CT-00007-SCT

Court of Appeals: Opinion Link
Opinion Date: 05-31-2011
Opinion Author: Griffis, P.J.
Holding: Affirmed.

Additional Case Information: Topic: Possession of marijuana with intent to distribute within 1,500 feet of public park, Conspiracy to distribute marijuana & Possession of firearm by convicted felon - Motion to suppress - Ineffective assistance of counsel - Sufficiency of evidence
Judge(s) Concurring: Lee, C.J., Irving, P.J., Myers, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ.
Non Participating Judge(s): Russell, J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 09-21-2009
Appealed from: Pike County Circuit Court
Judge: Michael M. Taylor
Disposition: Convicted of Count I, possession of marijuana with intent to distribute within 1,500 feet of a public park, and sentenced to thirty-five years, with twenty years to serve, fifteen years suspended, and five years of post-release supervision; Count II, conspiracy to distribute marijuana, and sentenced to ten years; and Count III, possession of a firearm by a convicted felon, and sentenced to ten years, all in the custody of the Mississippi Department of Corrections, with the sentences to run concurrently, and to pay a $10,000 fine and $300 in restitution
District Attorney: Dee Bates
Case Number: 09-109-PKT

  Party Name: Attorney Name:  
Appellant: Kenneth L. Jackson




W. DANIEL HINCHCLIFF



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY  

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Topic: Possession of marijuana with intent to distribute within 1,500 feet of public park, Conspiracy to distribute marijuana & Possession of firearm by convicted felon - Motion to suppress - Ineffective assistance of counsel - Sufficiency of evidence

Summary of the Facts: Kenneth Jackson was convicted of Count I – possession of marijuana with the intent to distribute within 1,500 feet of a public park, Count II – conspiracy to distribute marijuana, and Count III – possession of a firearm by a convicted felon. He appeals.

Summary of Opinion Analysis: Issue 1: Motion to suppress Jackson argues that the circuit court improperly denied his motion to suppress the evidence obtained during the search of his home, because there was no proof that the man with the ponytail obtained the marijuana from the home and that the confidential informant was so untrustworthy that the issuing judge had no credible evidence to support the search warrant. Probable cause exists when facts and circumstances within an officer's knowledge, or of which he has reasonably trustworthy information, are sufficient within themselves to justify a man of average caution in the belief that a crime has been committed and that a particular person committed it. A statement from a person Jackson calls the confidential informant, along with the officers’ corroborations provided a substantial basis for the issuing judge to find the necessary probable cause for the search warrant. The circuit judge did not abuse his discretion by denying the motion to suppress. Issue 2: Ineffective assistance of counsel Jackson argues that his trial counsel was ineffective because he offered no resistance to several instances of highly prejudicial evidence. There are no obvious deficiencies that imposed a duty upon the circuit court to declare a mistrial. As such, relief on this issue is denied without prejudice so that Jackson may, if he desires to do so, present a claim of ineffective assistance of counsel in a motion for post-conviction collateral relief. Issue 3: Sufficiency of evidence Jackson argues that there was insufficient evidence to find him guilty of conspiracy to sell marijuana with either his wife or other unknown persons. The crime of conspiracy is complete upon formation of the agreement. The agreement need not be formal or express, but may be inferred from the circumstances, particularly by declarations, acts and conduct of the alleged conspirators. Furthermore, the existence of a conspiracy, and a defendant's membership in it, may be proved entirely by circumstantial evidence. While there was no evidence of an express agreement to sell marijuana, there was sufficient circumstantial evidence for a reasonable juror to find the elements of conspiracy beyond a reasonable doubt. The State presented evidence that Jackson and his wife lived in the home together. The officers were told that a person had purchased marijuana just inside the doorway of the home. A large quantity of marijuana was found in multiple locations throughout the home, including dresser drawers, closets, under mattresses, and in the kitchen. The officers testified that the home smelled strongly of marijuana. The officers found digital scales and packaging material along with the marijuana. Also, Jackson admitted to the officers that the marijuana belonged to him.


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