Williams v. State


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Docket Number: 2002-KA-00572-COA
Linked Case(s): 2002-KA-00572-COA ; 2002-CT-00572-SCT

Court of Appeals: Opinion Link
Opinion Date: 06-03-2003
Opinion Author: Lee, J.
Holding: Affirmed

Additional Case Information: Topic: Sale of cocaine - Mistrial - URCCC 3.12 - Sufficiency of evidence - Notes from jury
Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 11-06-1997
Appealed from: Wilkinson County Circuit Court
Judge: Lillie Blackmon Sanders
Disposition: CONVICTED OF SALE OF A CONTROLLED SUBSTANCE WITHIN A CHURCH ZONE AND SENTENCED TO THIRTY YEARS IN THE MDOC.
District Attorney: Ronnie Lee Harper
Case Number: 4744

  Party Name: Attorney Name:  
Appellant: Barbara Washington Williams




PAMELA A. FERRINGTON



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY  

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Topic: Sale of cocaine - Mistrial - URCCC 3.12 - Sufficiency of evidence - Notes from jury

Summary of the Facts: Barbara Williams was convicted of sale of cocaine in a church zone and was sentenced to thirty years. She appeals.

Summary of Opinion Analysis: Issue 1: Mistrial Williams argues that the court erred in denying her motion for a mistrial because the prosecutor in voir dire referred to her co-defendant as a "Columbian" which is highly prejudicial since everyone knows that the country of Columbia is synonymous with lawless drug cartels. URCCC 3.12 states that the judge should grant the motion for mistrial if the trial cannot proceed in conformity with law or if it appears there is no reasonable probability of the jury's agreement upon a verdict. Williams makes no convincing argument that the trial could not proceed in conformity with law. Issue 2: Sufficiency of evidence Williams argues the evidence was insufficient to support the verdict of guilty, because the incriminating testimony of a witness was not reliable because he was a convicted felon with pending felony charges against him. Not only were there other witnesses who testified as to the events, but the jury knew of the witness's situation and was able to give whatever weight necessary to his testimony. Issue 3: Notes from jury Williams argues that court erred in answering the two notes sent by the jury, because they were impermissible comments upon the testimony and upon the weight of the evidence. However, the notes merely required clarification on the "housekeeping" type issue of which evidence went with which count and did not ask the judge to comment on the evidence.


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