Metcalf v. State
| Docket Number: | 2003-CA-00930-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-09-2004 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Revocation of probation - Burden of proof Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Chandler, Griffis, Barnes and Ishee, JJ. Concurs in Result Only: Irving, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 03-28-2003 Appealed from: Monroe County Circuit Court Judge: Thomas J. Gardner Disposition: POST-CONVICTION RELIEF DENIED. District Attorney: John Richard Young Case Number: CV01-401-GM |
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| Party Name: | Attorney Name: | |||
| Appellant: | Corey Metcalf |
J. DUDLEY WILLIAMS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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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: | Post-conviction relief - Revocation of probation - Burden of proof |
| Summary of the Facts: | Corey Metcalf pled guilty to the burglary of a dwelling house and was sentenced to fifteen years. This sentence was suspended and petitioner was placed on supervised probation for five years contingent upon the requirement that he live at liberty without violating any laws. Metcalf’s probation was revoked for the sale of crack cocaine to an undercover agent. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Metcalf argues for the first time on appeal that the State did not satisfy its burden of proof, as the undercover agent did not specifically point him out at trial, forcing the trial court to rely on the agent’s out-of-court identification. Metcalf is procedurally barred from raising this issue initially on appeal. In addition, Metcalf did not object to the officer’s out-of-court identification at trial. The State met its burden of proof. The undercover officer repeatedly made reference to “Mr. Metcalf” as the individual from whom she purchased the drugs, and her testimony remained unimpeached. |
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