McIntyre v. State


<- Return to Search Results


Docket Number: 1998-KA-01052-COA
Linked Case(s): 1998-CT-01052-SCT

Court of Appeals: Opinion Link
Opinion Date: 12-07-2004
Opinion Author: Irving, J.
Holding: Affirmed

Additional Case Information: Topic: Sale of cocaine - M.R.E. 403 hearing - Ineffective assistance of counsel - Identification
Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 05-29-1998
Appealed from: Hinds County Circuit Court
Judge: Chester Henley
Disposition: SALE OF COCAINE: SENTENCED TO SERVE A TERM OF 15 YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS
District Attorney: Eleanor Faye Peterson
Case Number: 97-1-221

  Party Name: Attorney Name:  
Appellant: Leo McIntyre




DAN W. DUGGAN



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE  

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.

Topic: Sale of cocaine - M.R.E. 403 hearing - Ineffective assistance of counsel - Identification

Summary of the Facts: Leo McIntyre was convicted of the sale of cocaine and sentenced to fifteen years. He appeals.

Summary of Opinion Analysis: Issue 1: M.R.E. 403 hearing McIntyre argues that the court erred when it failed to conduct a M.R.E. 403 hearing after it received testimony from Agent Patterson about a drug transaction which occurred the day before the occurrence of the transaction for which McIntyre was being tried. A 403 analysis was not necessary under the circumstances. The State was not attempting to present evidence of identity in its case-in-chief. Instead, defense counsel solicited testimony from Agent Patterson inquiring about his identity of McIntyre as the person who sold him cocaine. By his line of questioning, defense counsel opened the door to the subsequent questioning by the State of Agent Patterson regarding his identity of McIntyre as the person who sold him cocaine. Issue 2: Ineffective assistance of counsel McIntyre argues that his counsel was ineffective for permitting testimony regarding a prior arrest, which occurred on the day before the day of the incidents for which McIntyre was convicted. Mistaken identity was about the only defense available, and defense counsel did as good a job as could be expected given the strong evidence against his client. Issue 3: Identification McIntyre argues that the State failed to properly identify him as the person selling the narcotics. Whether McIntyre was misidentified as the seller of cocaine was a question for the jury which decided the issue against McIntyre.


Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court