DUI can be charged without an eyewitness who testified to the subject driving the vehicle
Facts In 2012, Officer Derrick Nelson of the Starkville Police Department was performing his regular patrol on South Nash Street in Starkville, Mississippi. Just after midnight, he observed a vehicle positioned halfway in the street and halfway on the curb. He immediately pulled over to investigate. Upon closer inspection, Nelson noticed several garbage cans strewn […]
Alcohol on breath and diluted pupils led to DUI conviction
Facts In 2012, D’Andre Terrell was charged with DUI after he stopped at a driver’s license checkpoint set up by Mississippi highway patrolmen Craig Morgan and Timothy Fuller. During trial in the circuit court, Trooper Morgan testified that Terrell drove towards the checkpoint as Morgan and Fuller were setting up. Morgan could not recall whether he […]
Boyfriend had constructive possession of drugs in apartment where he did not live
Facts A confidential informant told police that Eddie McCoy was selling drugs out of unit A-7 in Pineview Apartments, Hattiesburg, Mississippi. When police went to conduct a knock and talk, Chante Robinson, McCoy’s girlfriend, answered the door. Robinson lived at the apartment with her mother, Cynthia Robinson, who leased the apartment. While police were talking […]
Subject has no reasonable expectation of privacy when he reveals what is in his pockets
Facts In 2011, two black males wearing white t – shirts robbed a convenience store. One shot into the ceiling before they took money and a pack of cigarettes and departed. Store security cameras revealed the correct clothing of both men but the original BOLO was incorrect on clothing description. Officer Tabari Thomas spotted Brandon Gales […]
Subject found in constructive possession of a bag within arm’s length of him
Facts In 2010, Newton Police Chief Harvey Curry and Investigator Michael Williams responded to a disturbance call on Oak Street in Newton, Mississippi. At trial, Williams testified that he was informed that Kendrick Body was involved in the original disturbance. He further testified that once he arrived on the scene, he heard a gunshot from […]
When there is conflicting testimony about voluntariness of statement, trial judge is always in best position to judge credibility of witnesses
Facts In 2011, police responded to a call about a burglary of a pharmacy. While headed to the call, Deputy Shane Lang, Leake County Sheriff’s Department, noticed an individual wearing dark clothes and a mask, carrying a white bag, and hiding between a hotel and a storage building. The individual was Carl Houston who fled when […]