Granger v. State
| Docket Number: | 2002-KA-00138-COA Linked Case(s): 2002-KA-00138-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-22-2003 Opinion Author: Thomas, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of marijuana with intent to sell - Failure to allow witness to testify - Voluntariness of confession Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 10-23-2001 Appealed from: Washington County Circuit Court Judge: Richard Smith Disposition: SENTENCED TO A TERM OF THIRTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AS AN HABITUAL OFFENDER Case Number: 2000-424 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Antonio Granger a/k/a Antonio Terrell Granger a/k/a Abby |
WILLIAM R. LABARRE |
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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: | Possession of marijuana with intent to sell - Failure to allow witness to testify - Voluntariness of confession |
| Summary of the Facts: | Antonio Granger was convicted as a habitual offender of possession of marijuana with the intent to sell, transfer, or distribute to others. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Failure to allow witness to testify Granger argues that the court erred by not allowing a witness to testify at trial. When testimony is excluded at trial, a record must be made of the proffered testimony in order to preserve the point for appeal. At no time was an offer of proof procured by Granger's attorney in order to preserve the issue for appeal. Issue 2: Voluntariness of confession Granger argues that it was error to allow testimony of oral statements made by Granger to an officer. A confession must be voluntary and not the result of promises, threats, or inducements to be deemed admissible. The prosecution meets its burden of proving the confession was voluntary by presenting testimony from an officer or other person having knowledge of the facts, who states that the confession was made voluntarily without threats, coercion, or offer of reward. Here, the State made out a prima facia case of voluntariness by demonstrating that contact was initiated by Granger and multiple Miranda warnings were given and by the officer’s testimony to the voluntariness of the statements. |
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