Mitchell v. State
| Docket Number: | 2010-KP-01315-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-08-2011 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sale of cocaine on or near church grounds - Testimony by confidential informant - Weight of evidence Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell and Russell, JJ. Non Participating Judge(s): Myers, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 06-30-2010 Appealed from: Madison County Circuit Court Judge: Samac Richardson Disposition: CONVICTED OF THE SALE OF COCAINE, A SCHEDUL E II CONTROLLED SUBSTANCE, WITHIN 1,500 FEET OF A CHURCH, AS A SUBSEQUENT DRUG OFFENDER AND AS A HABITUAL OFFENDER, AND SENTENCED TO 120 YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION District Attorney: Michael Guest Case Number: 2010-0106-R |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jermaine S. Mitchell |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LADONNA C. HOLLAND |
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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: | Sale of cocaine on or near church grounds - Testimony by confidential informant - Weight of evidence |
| Summary of the Facts: | Jermaine Mitchell was convicted of selling cocaine on or near church grounds. He was sentenced to 120 years without eligibility for parole or probation. He appeals. |
| Summary of Opinion Analysis: | Mitchell argues that the circuit court erred in allowing testimony from the State’s confidential informant who purchased the drugs in question from Mitchell but admits to having drug problems. Who the jury believes and what conclusions it reaches are solely for its determination. The CI confessed to being a drug addict and to having received multiple drug charges. He was fully questioned on the stand about his cooperation with the authorities due to his personal addictions and drug charges. In addition to hearing the CI’s testimony about the events of the drug sale, the jury heard corroborating testimony from two deputies. Also, the jury was allowed to see the entirety of the recording showing the CI being fitted with the recording device by the deputies, driving to Mitchell’s house, entering the house, buying the drugs from Mitchell, leaving the house, meeting the deputies, and having the deputies remove the recording device. Thus, the verdict is not against the weight of the evidence. |
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