Denson v. State
| Docket Number: | 2002-KA-00860-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-28-2003 Opinion Author: McMillin, C.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Sale of cocaine - Cautionary instruction - Admission of audiotape and transcription Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 03-25-2002 Appealed from: Madison County Circuit Court Judge: Samac Richardson Disposition: SALE OF COCAINE- SENTENCED TO SERVE THIRTY YEARS IN THE CUSTODY OF THE MDOC WITH TEN YEARS SUSPENDED, PLUS COURT COSTS, STATUTORY FEES AND ASSESSMENTS IN THE AMOUNT OF $5,000 SUSPENDED PLUS FIVE YEARS OF SUPERVISED PROBATION. District Attorney: Rick Mitchell Case Number: 2001-0165 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Henry Denson a/k/a June-June |
WALTER E. WOOD |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
|
|
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: | Sale of cocaine - Cautionary instruction - Admission of audiotape and transcription |
| Summary of the Facts: | Henry Denson was convicted of sale of cocaine. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Cautionary instruction Denson argues that the court erred in denying his requested instruction telling the jury to view a cooperating individual’s testimony with caution. Even in the case of an accomplice’s testimony, there is no absolute requirement for a cautionary instruction where corroborative evidence exists. In this case, there was substantial evidence presented by the State, including an audiotape of the transaction, that corroborated much of the witness’s testimony. Therefore, the court did not err when it refused the instruction. Issue 2: Admission of audiotape and transcription Denson argues that the court erred in allowing the introduction into evidence of both the actual audiotape that the State contended was a recording of the relevant drug transaction as well as a written document purporting to be a transcription of the tape. Transcripts to assist the jury in understanding taped conversations are permissible where the judge instructs the jury that the tape is the primary evidence and any conflicts should fall in favor of the recording. Here, the jury was correctly instructed as to the limited purpose of that transcript. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
