Miller v. State
| Docket Number: | 2007-KA-00798-SCT Linked Case(s): 2007-KA-00798-SCT |
|
| Supreme Court: | Opinion Link Opinion Date: 04-10-2008 Opinion Author: Easley, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Sale of cocaine - Sufficiency of evidence Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Dickinson, Randolph and Lamar, JJ. Concurs in Result Only: Graves, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 04-25-2007 Appealed from: Winston County Circuit Court Judge: Joseph H. Loper Disposition: Chris Miller was convicted in the Circuit Court of Winston County for the sale, transfer, delivery, or distribution of cocaine, a Schedule II controlled substance pursuant to Mississippi Code Annotated Section 41-29-139 (a)(1)(b)(1) (Rev. 2005). Conviction of sale of cocaine and sentence of twenty (20) years, with conditions, in the custody of the Mississippi Department of Corrections, payment of all costs and a fine of $5,000.00. District Attorney: Doug Evans Case Number: 2006-44-CR |
|
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Chris A. Miller |
Leslie S. Lee |
|
|
| 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 - Sufficiency of evidence |
| Summary of the Facts: | Chris Miller was convicted for the sale, transfer, delivery, or distribution of cocaine. He was sentenced to twenty years with a fine of five thousand dollars, court costs and assessments, and driving privileges suspended for a period of six months. He appeals. |
| Summary of Opinion Analysis: | Miller argues that, because the confidential informant was untrustworthy and the video did not show any money being exchanged, no reasonable jury could infer that Miller received a sum of money as was factually alleged in the indictment. The evidence consisted of testimony from the confidential informant, two law enforcement officers, and an expert from the Mississippi Crime Lab; a videotape; and a package of cocaine. Although the video did not depict an actual exchange of money, it did show Miller placing something into the CI’s hand. This evidence, coupled with the agent's testimony that he heard the CI ask Miller for $60 dollars worth of cocaine, and the fact that the CI returned to the meeting location with cocaine and without the state funds, is enough for a reasonable juror to infer that a transfer for money took place. Defense counsel elicited testimony from the CI that he was a former drug user with a number of prior arrests and at least one probation violation. This testimony showed that the CI may have been forgetful, less than forthright, or even dishonest in some of his responses to questions posed regarding his past. Nevertheless, this was presented to the jury for its assessment in deciding how much, if any, weight and credibility it was willing to place with this particular witness. Thus, the evidence in this case was consistent with the verdict. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
