Caldwell v. State
| Docket Number: | 2005-KA-00169-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-19-2006 Opinion Author: Griffis, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Possession of marijuana with intent to distribute - Illegal search - Sufficiency of evidence - Closing argument Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 12-06-2004 Appealed from: Leflore County Circuit Court Judge: Richard Smith Disposition: CONVICTED OF POSSESSION OF MARIJUANA WITH INTENT TO DISTRIBUTE AND SENTENCED TO THIRTY (30) YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Joyce Ivy Chiles Case Number: 2003-0211CICR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Taurus Caldwell |
JOHN KEITH PERRY, JR. |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL |
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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 marijuana with intent to distribute - Illegal search - Sufficiency of evidence - Closing argument |
| Summary of the Facts: | Taurus Caldwell was convicted of felony possession of marijuana with intent to distribute and sentenced to serve thirty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Illegal search Caldwell argues that the search was fatally defective because the search warrant specifically directed that the search be executed as “knock and announce” and the officers failed to comply with the mandates of the warrant. In the supporting affidavit that was presented to the issuing judge, the officers requested that a “no knock” warrant be issued. The officers testified that they reasonably believed that they were issued a warrant which allowed them to enter and execute the warrant with out knocking and announcing their entry. The officer’s testimony established that their entry was reasonable under the circumstances. The clerical error of the issuing magistrate will not result in the suppression of the evidence seized. Issue 2: Sufficiency of evidence Caldwell argues that the prosecution did not prove that he was in actual or constructive possession of the residence or the marijuana. A Mississippi Valley Gas statement and a bill for a cellular telephone were found during the search. Both of these statements were in the name of the defendant Caldwell and mailed to the residence. Additionally, Caldwell’s driver’s license and automobile registration listed the address of the residence where he was arrested. From the evidence presented, a reasonable jury could conclude that Caldwell was in possession or control of the premises where he and the marijuana were seized. Issue 3: Closing argument Caldwell argues that the prosecutor misrepresented the facts and evidence during his closing arguments. The trial judge instructed the jury that the arguments and remarks of the attorneys are intended to help you understand the evidence and apply the law, but such arguments or remarks are not evidence. The remedial acts of the court are usually deemed sufficient to remove any prejudicial effect from the mind of the jurors. The misstatement made by the prosecutor did not unjustly prejudiced Caldwell. |
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