Nobles v. State
| Docket Number: | 2002-KA-02012-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-03-2004 Opinion Author: Chandler, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Distribution of cocaine - Other crimes’ evidence - M.R.E. 404 - M.R.E. 403 - Weight of evidence Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Lee, Irving, Myers and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-01-2002 Appealed from: Pike County Circuit Court Judge: Mike Smith Disposition: COUNT I UNLAWFUL DISTRIBUTION OF COCAINE AND COUNT II CONSPIRACY TO COMMIT UNLAWFUL DISTRIBUTION OF COCAINE. SENTENCED INTO THE CUSTODY OF THE MDOC FOR 30 YEARS ON COUNT I AND 10 YEARS ON COUNT II TO RUN CONSECUTIVELY. WITH 15 YEARS TO SERVE ON COUNT I AND 10 YEARS ON COUNT II FOR A TOTAL OF 25 YEARS TO BE SERVED DAY FOR DAY WITHOUT POSSIBILITY OF PROBATION, PAROLE OR EARLY WORK RELEASE. 15 YEARS ON COUNT I IS TO BE SERVED ON POST- RELEASE SUPERVISION. District Attorney: J. Daniel Smith Case Number: 02-184-KB |
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| Party Name: | Attorney Name: | |||
| Appellant: | Kostmensky Nobles |
PAUL MCGERALD LUCKETT |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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: | Distribution of cocaine - Other crimes’ evidence - M.R.E. 404 - M.R.E. 403 - Weight of evidence |
| Summary of the Facts: | Kostmensky Nobles was found guilty of distribution of cocaine and conspiracy to distribute cocaine. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Other crimes’ evidence Nobles argues that the court erroneously allowed the State to rely upon an arrest report attached to the indictment for possession, thus improperly prejudicing his case. To the limited extent any reference to the separate indictment for possession of cocaine was made, Nobles cannot claim any prejudice. In drug cases, evidence of prior acts offered to show intent to distribute is not barred by M.R.E. 404 and is properly admissible if it passes muster under M.R.E. 403 and is accompanied by a proper limiting instruction. The court conducted a Rule 403 balancing test and found that the probative value of the evidence outweighed any potential prejudice, because it showed the existence of a plan and absence of mistake and helped to present the whole picture to the jury. In addition, the jury was given a proper limiting instruction. Issue 2: Weight of evidence Nobles argues that the verdict of the jury was against the overwhelming weight of the evidence. There was more than sufficient evidence to support the jury's findings. The jury heard the audiotape of the transaction between the confidential informant and an individual who testified that Nobles sold him the crack cocaine used in the transaction. When Nobles was arrested, $550 in cash, $500 of which was marked as state funds, and a plastic bag containing a white rock substance were found in his pocket. Tests performed by the State Crime Laboratory verified that the bag contained cocaine. |
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