Oliver v. State


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Docket Number: 2004-KA-01892-COA
Oral Argument: 11-29-2005
 

 

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Court of Appeals: Opinion Link
Opinion Date: 02-14-2006
Opinion Author: Lee, P.J.
Holding: AFFIRMED

Additional Case Information: Topic: Possession of cocaine - Mistrial - Collateral estoppel - Res judicata
Judge(s) Concurring: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 03-10-2004
Appealed from: Warren County Circuit Court
Judge: Frank G. Vollor
Disposition: CONVICTION OF POSSESSION OF A CONTROLLED SUBSTANCE, COCAINE, AND SENTENCE OF EIGHT YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS
District Attorney: G. Gilmore Martin
Case Number: 01,211-CR-V

  Party Name: Attorney Name:  
Appellant: Darrell Oliver a/k/a Darrell L. Oliver




PATRICK JOSEPH MCNAMARA



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY  

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Topic: Possession of cocaine - Mistrial - Collateral estoppel - Res judicata

Summary of the Facts: Darrell Oliver was indicted on the charge of possession of cocaine, enhanced as a subsequent drug offender. Oliver filed a motion to dismiss the indictment, which, after a hearing, was granted by the trial court on the grounds of collateral estoppel. The State appealed to the supreme court. The supreme court reversed and remanded, finding that collateral estoppel did not preclude the State from charging Oliver with an offense that was the basis for an unsuccessful petition to revoke probation. Following a trial on the matter, Oliver was convicted of possession of cocaine and was sentenced to eight years. He appeals.

Summary of Opinion Analysis: Oliver argues that the court erred in denying his motions for a mistrial and his motion for a JNOV. There is no record of a ruling by the trial court on Oliver’s motion for JNOV. Therefore, only his argument that the trial court erred in denying Oliver’s motions for a mistrial will be considered. Oliver first complains about a remark during the State’s opening statement that the jury would hear testimony there was some marijuana in the room. After Oliver’s objections, the court sustained the objection and admonished the jury to disregard the remark. It is presumed that the jury follows the instructions of the trial court. Oliver requested a mistrial for the second time during the testimony of one of the officers who was asked what he saw upon entering the hotel room. The court did not err in overruling his objection since there was ample evidence concerning the cocaine Oliver attempted to flush down the toilet. Oliver also makes arguments regarding collateral estoppel and res judicata. The supreme court fully discussed the issue of whether collateral estoppel applied in Oliver’s situation; therefore, it is unnecessary to revisit the issue. In addition, there is no merit to Oliver’s res judicata claim.


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