Easter v. State
| Docket Number: | 2010-KA-01986-COA Linked Case(s): 2010-KA-01986-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-29-2011 Opinion Author: Griffis, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of methamphetamine - Prosecutorial misconduct - Closing argument Judge(s) Concurring: Lee, C.J., Irving, P.J., Barnes, Ishee, 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: 11-03-2010 Appealed from: Monroe County Circuit Court Judge: James L. Roberts Disposition: CONVICTED OF COUNT ONE, POSSESSION OF METHAMPHETAMINE, AND SENTENCED, AS A HABITUAL OFFENDER, TO EIGHT YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION, AND TO PAY A $1,000 FINE; $100 TO THE MISSISSIPPI CRIME VICTIMS’ COMPENSATION FUND; AND $45 RESTITUT ION TO THE NORTH MISSISSIPPI NARCOTICS UNIT Case Number: CR10-038 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Willie Neal Easter |
LESLIE S. LEE
CHRISTOPHER EDWIN BAUER
BENJAMIN ALLEN SUBER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT |
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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 methamphetamine - Prosecutorial misconduct - Closing argument |
| Summary of the Facts: | Willie Easter was convicted of possession of methamphetamine and sentenced as a habitual offender to eight years. Easter appeals. |
| Summary of Opinion Analysis: | Easter argues that the circuit judge erred in failing to grant a mistrial based on the prosecutorial misconduct during closing arguments. Easter claims that the prosecutor improperly referred to him as a “meth maker.” The prosecutor’s remarks are viewed in light of the entire trial. When looking at the trial as a whole, Easter was not denied a fundamentally fair trial from the statements made by the prosecutor during closing arguments. The prosecutor admitted that he incorrectly called Easter a “meth maker,” rather than a meth possessor. Defense counsel brought this matter to the circuit court’s attention through an objection, and the court granted the objection. The jurors were properly instructed to focus on the evidence presented and disregard any argument, statement, or remark by counsel having no basis in evidence. |
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