Mississippi has higher constitutional protections for people who have exclusive possession of a portion of the residence
Facts In 1991, Agent Bobby Grimes and other narcotics officers were investigating drug activity involving Scott Malone. The officers made a controlled buy of LSD from Malone using a cooperating individual named Gary Owens. Within hours of making the controlled buy, the officers obtained a search warrant for the mobile home occupied by Malone. The search […]
Statement not suppressed when subject had I.Q. of 55
Facts Charlie McGowan, along with three other individuals, conspired to rob the Fabra Care Cleaners located on Nakoma Drive near Hanging Moss in Jackson. The individuals entered the cleaners from the rear and ordered three employees to the floor. One of the individuals assumed command and proceeded to the front of the store where he emptied […]
Flight is admissible as evidence of consciousness of guilt
Facts and Analysis We are confronted with Eric Fuselier‘s third appeal before this court from a capital murder conviction and death sentence in the Circuit Court of Jones County. Eric Fuselier was convicted and sentenced to death for the April 25, 1983 murder of Rose Gunter during the commission of a felony. Gunter was found […]
When a subject refuses to sign waiver, it is wise to tell him that his statements can still be used against him
Facts In 1994, Stanley Adams arrived at the Oxford residence of Teri Martin, a female acquaintance of his. According to Martin, Adams woke her up, told her that his friend’s car had broken down, and asked to use her telephone. Martin told Adams that she would not let him use her phone, but after a […]
Denying police access to a home you don’t own constituted disorderly conduct here
Facts In 1994, David Douglas, an off-duty police officer, observed Kendrick Hayes entering the home of Hayes’s mother. Douglas called the police dispatcher to verify his recollection of the existence of an outstanding felony warrant on Hayes. After being told that there was such a warrant, Douglas requested assistance. Ultimately, Douglas went to the rear […]
Holding a baseball bat and refusing to leave resulted in disorderly conduct conviction
Facts Erwin J. Smith is the owner of an arcade in Picayune, Mississippi. In 1993, Smith learned of a disturbance in his adjoining parking lot, and upon discovering that a small crowd had gathered there, he exited his arcade building and walked onto his lot carrying a baseball bat. Two police officers from the City […]