Bell v. State
| Docket Number: | 2003-KA-00383-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-30-2004 Opinion Author: Irving, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Transfer of controlled substance - Admission of testimony - Weight of evidence Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis and Barnes, JJ. Non Participating Judge(s): Ishee, J. Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 10-30-2002 Appealed from: Harrison County Circuit Court Judge: Kosta N. Vlahos Disposition: DEFENDANT CONVICTED OF TRANSFER OF A CONTROLLED SUBSTANCE; SENTENCED TO SERVE FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Cono A. Caranna, II Case Number: B2401-2001-420 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Joseph Earl Bell |
QUAY DEVEREUX MCKNIGHT |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
|
|
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: | Transfer of controlled substance - Admission of testimony - Weight of evidence |
| Summary of the Facts: | Joseph Bell was convicted of the transfer of a controlled substance and was sentenced to five years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Admission of testimony Bell argues that the court erred in allowing the testimony of an officer, because the testimony resulted in a prejudicial inference that the officer had observed Bell on a prior occasion engaging in narcotic sales. The officer did not go into specific details in front of the jury concerning the nature of his previous encounter with Bell. Further, although it is unclear from the record whether a limiting instruction was actually drafted and submitted, the record does reveal that Bell’s attorney submitted an instruction on identification testimony, and the jury was instructed as to such. Issue 2: Weight of evidence Bell argues that the verdict was against the overwhelming weight of the evidence. The evidence presented to the jury included not only the testimony of the officer directly involved in the drug purchase and the officers involved in the surveillance of the transaction, but also the captured images of the illegal transaction as it unfolded. Given this evidence, the verdict is not contrary to the overwhelming weight of the evidence. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
