Dunlap v. State
| Docket Number: | 2003-KA-00393-COA Linked Case(s): 2003-CT-00393-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-28-2004 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sale of cocaine - Weight of evidence Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, Griffis and Barnes, JJ. Non Participating Judge(s): Ishee, J. Nature of the Case: CRIMINAL - FELONY Writ of Certiorari: Dismissed Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 06-20-2003 Appealed from: Adams County Circuit Court Judge: Forrest Johnson Disposition: CONVICTED OF SALE OF A SCHEDULE II CONTROLLED SUBSTANCE AND SENTENCED AS A HABITUAL OFFENDER TO SERVE THIRTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Ronnie Lee Harper Case Number: 02-KR-0169-J |
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| Party Name: | Attorney Name: | |||
| Appellant: | Kenneth Wayne Dunlap |
EILEEN M. MAHER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS, JR. |
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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 - Weight of evidence |
| Summary of the Facts: | Kenneth Dunlap was convicted for the sale of cocaine and was sentenced, as a habitual offender, to thirty years. He appeals. |
| Summary of Opinion Analysis: | Dunlap argues that the verdict was against the weight of the evidence. All of his arguments relate to the credibility of certain witnesses. The credibility of witnesses is a question of fact for the jury. The jury heard the testimony of the deputy and confidential informant who stated that Dunlap sold cocaine to the informant. Dunlap admitted that he approached the informant’s car, but denied the sale. The conflicting evidence was for the jury to resolve. |
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