Odem v. State
| Docket Number: | 2002-KM-01689-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-07-2004 Opinion Author: Griffis, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Resisting arrest - Unlawful arrest - Right to free speech - Sufficiency of evidence Judge(s) Concurring: Bridges and Lee, P.JJ., Myers and Chandler, JJ. Dissenting Author : Irving, J. Dissent Joined By : King, C.J., and Barnes, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - MISDEMEANOR |
|
| Trial Court: |
Date of Trial Judgment: 09-20-2002 Appealed from: Madison County Circuit Court Judge: William E. Chapman, III Disposition: RESISTING ARREST, COUNTS I AND II: SENTENCED TO SERVE A TERM OF SIX MONTHS IN THE CUSTODY OF THE MADISON COUNTY SHERIFF IN CAUSE NO. 2000-0411, COUNT I, AND TO SERVE SIX MONTHS IN THE CUSTODY OF THE MADISON COUNTY SHERIFF IN CAUSE NO. 2000-0411, COUNT II. PROVIDED, HOWEVER, THAT THE EXECUTION OF THE LAST SIX MONTHS IS STAYED AND THAT PORTION OF THE SENTENCES IS/ARE SUSPENDED ON THE TERMS, PROVISIONS AND CONDITIONS PRESCRIBED ELSEWHERE IN THIS ORDER. THE SENTENCES IMPOSED IN COUNT II SHALL RUN CONSECUTIVELY TO THE SENTENCE IMPOSED IN COUNT I. Case Number: 2000-0411 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Larod Odem |
MICHAEL E. ROBINSON |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
|
|
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: | Resisting arrest - Unlawful arrest - Right to free speech - Sufficiency of evidence |
| Summary of the Facts: | Larod Odem was convicted of two counts of misdemeanor resisting arrest and was sentenced to two consecutive six month sentences, with the second six month sentence suspended. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Unlawful arrest Odem argues that he was unlawfully arrested for his spoken words alone in violation of his right to freedom of speech. However, there was testimony that the basis for the arrest was not solely based on his spoken words but also included consideration of his conduct, behavior and demeanor. There was evidence that Odem was agitated, loud, irate, and was gesturing combatively. From the evidence, it was reasonable for the jury to determine that Odem was arrested not for his words alone but also for his combative conduct. Since there was sufficient evidence for the police lieutenant to believe he had probable cause to arrest Odem, the arrest of Odem was a lawful arrest. Issue 2: Right to free speech Odem argues that the words he used encompassed constitutionally protected speech not subject to regulation by the State of Mississippi. Fighting words are those words which by their very utterance inflict injury or tend to incite an immediate breach of the peace. The probability of words inflicting injury or inciting an immediate breach of the peace tends to depend upon to whom the words are addressed. Here, the lieutenant neither initiated nor had an opportunity to walk away from Odem’s words and combative conduct. Odem created a stalemate that arose to the level of "fighting words" that were likely to inflict injury or incite an immediate breach of the peace. Therefore, there was sufficient evidence to support the jury’s finding that the arrest was lawful under the circumstances. Issue 3: Sufficiency of evidence Odem argues that the evidence was insufficient. The sufficiency of the evidence was preserved for appeal by Odem filing his motion for judgment notwithstanding the verdict. However, the evidence was sufficient to justify the verdict. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
