Grayson v. State


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Docket Number: 2002-KA-00420-COA

Court of Appeals: Opinion Link
Opinion Date: 07-15-2003
Opinion Author: McMillin, C.J.

Additional Case Information: Topic: Conspiracy to possess more than one kilogram of marijuana with intent to sell - Hearsay - Statements by co-conspirator - M.R.E. 801 (d)(2)(E)
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: 03-06-2002
Appealed from: Alcorn County Circuit Court
Judge: Paul S. Funderburk
Disposition: SENTENCE OF 20 YEARS IN THE MDOC FOR CONSPIRACY TO POSSESS MORE THAN ONE KILOGRAM OF MARIJUANA WITH INTENT TO SELL OR DISTRIBUTE
Case Number: CR-00-450

  Party Name: Attorney Name:  
Appellant: Orlando Tremayne Grayson a/k/a Trim Grayson




JOE THOMAS GAY



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY  

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Topic: Conspiracy to possess more than one kilogram of marijuana with intent to sell - Hearsay - Statements by co-conspirator - M.R.E. 801 (d)(2)(E)

Summary of the Facts: Orlando Grayson was found guilty of conspiracy to possess more than one kilogram of marijuana with intent to sell or distribute. He appeals.

Summary of Opinion Analysis: Grayson argues that the court erred on several different occasions when the court permitted inadmissible hearsay testimony to be presented. The first instance was when an officer was permitted to read a written statement taken by him during the investigation allegedly made by a third party discussing his knowledge of Grayson's marijuana sales. Because defense counsel made no objection to the testimony, the issue is waived. The second instance was when a witness testified about a prior occasion when he had dropped off a package at Grayson's house and about conversations that the witness had with his cousin. The testimony involved alleged statements made by a co-conspirator in furtherance of the conspiracy. Statements of this sort are admissible under M.R.E. 801 (d)(2)(E). The third instance was testimony by an officer as to what UPS employees related to him about the package and its contents. The information was presented to permit the jury to have a full picture of the circumstances regarding how law enforcement became involved and was therefore admissible.


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