Doss v. State
| Docket Number: | 2003-KA-01162-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-14-2004 Opinion Author: King, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sale of cocaine - Juror misconduct - Weight of evidence Judge(s) Concurring: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 01-29-2003 Appealed from: Oktibbeha County Circuit Court Judge: Lee J. Howard Disposition: SALE OF COCAINE: SENTENCED TO SERVE A TERM OF TWENTY YEARS IN THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. IN ADDITION TO THE ABOVE INCARCERATION, THE DEFENDANT IS TO BE PLACED ON FIVE YEARS OF POST- RELEASE SUPERVISION, AFTER RELEASE FROM CONFINEMENT UNDER THE TERMS AND CONDITIONS PRESCRIBED. District Attorney: Forrest Allgood Case Number: 2002-0185-CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Terry Doss |
LUANNE STARK THOMPSON |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART |
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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 - Juror misconduct - Weight of evidence |
| Summary of the Facts: | Terry Doss was convicted of the sale of cocaine and was sentenced to twenty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Juror misconduct Doss argues that a juror withheld information during voir dire that was material to the selection of a fair and impartial jury when she failed to answer when asked whether any of the prospective jurors knew him. The juror acknowledged during the hearing on Doss' motion for a new trial that she knew of Doss, both from dating her daughter years ago and from seeing him in the community. The question of whether any of the prospective jurors knew Doss was clearly relevant to the voir dire process and the impaneling of a fair and impartial jury. However, a defendant who wishes to claim error has an obligation to call to the court's attention matters of which he is aware and should he fail to do so, he waives any objection. Here, the court did not abuse its discretion by finding it more likely that Doss believed the juror would be a favorable juror, and therefore did not challenge her. Issue 2: Weight of evidence Doss argues that the verdict was against the overwhelming weight of the evidence. The confidential informant testified that she had known Doss for approximately two or three years, and that she saw him just about every day in the area when she visited her mother. The record reflects that she identified Doss at trial as the person who sold her the cocaine. Finally, the record shows that the jury viewed the videotape of the drug transaction. Therefore, this issue is without merit. |
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