Cannon v. State
| Docket Number: | 2003-CT-00540-SCT Linked Case(s): 2003-CT-00540-SCT ; 2003-KA-00540-COA ; 2003-KA-00540-COA |
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| Supreme Court: | Opinion Link Opinion Date: 04-14-2005 Opinion Author: Easley, J. Holding: JUDGMENT OF THE COURT OF APPEALS REVERSED, AND CONVICTION AND SENTENCE AFFIRMED |
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| Additional Case Information: |
Topic: Felony DUI - Limiting instruction - Weight of evidence Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Graves, J. Nature of the Case: CRIMINAL - FELONY Writ of Certiorari: Granted Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 01-27-2003 Appealed from: Webster County Circuit Court Judge: Clarence E. Morgan, III Disposition: Cannon was convicted of felony DUI. District Attorney: Doug Evans Case Number: 2002-60-CR |
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| Note: | The supreme court found that the verdict was consistent with the weigh of the evidence and reversed the court of appeals. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Jessie J. Cannon |
RONALD STEPHEN WRIGHT |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: CHARLES W. MARIS, JR. |
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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: | Felony DUI - Limiting instruction - Weight of evidence |
| Summary of the Facts: | Jessie Cannon was convicted of felony DUI, third offense. He appealed, and the Court of Appeals reversed the conviction and remanded the case for a new trial. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Issue 1: Limiting instruction Before trial, Cannon filed a motion in limine which sought to prevent the admission of evidence that he had taken a portable breath test at the scene of the traffic stop. The court ruled that the fact that Cannon submitted to a portable breath test would be admissible, but the court determined that the result of the test was inadmissible. During the direct examination of an officer, a reference was made about the test but not the actual result. The Court of Appeals held that the circuit judge should have given, sua sponte, a specific limiting or cautionary instruction to the jury regarding this testimony. The State argues that the court had no affirmative duty to offer jury instructions sua sponte or to suggest instructions for the parties to consider. Although reference was made to the result of the portable breath test, the actual result was not revealed. The defense objected before the officer could state the result of the test. The information that had been limited by the motion in limine did not come into evidence for the jury to hear. Further, the defense did not preserve the issue for appeal by failing to request a cautionary instruction from the trial court. Therefore, the Court of Appeals erred in reversing the conviction on this assignment of error and remanding the case to the trial court. Issue 2: Weight of evidence The Court of Appeals found that the verdict was against the overwhelming weight of the evidence. The State argues that the Court of Appeals usurped the role of the jury. The State asserts that reference to the possibility of confusing the alcohol odor with that of acetone, which can be present in episodes of hyperglycemia, is erroneous because Cannon claimed to be suffering from hypoglycemia, a low blood glucose incident. The verdict in this case is consistent with the weight of the evidence, and no new trial is warranted. The officer testified that he could smell alcohol and observed bloodshot eyes. Cannon never told the officer that he had a medical emergency nor did he request medical attention. Cannon was transported to the Webster County Sheriff’s Office where he was tested on an intoxilizer. |
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