408 So.3d 1276
Miss. Ct. App.2024Background
- Benjamin Howell was stopped and cited by a Mississippi State Trooper for speeding (81 mph in a 55 mph zone) and driving without a license plate on Highway 25 in Monroe County.
- Howell was convicted in Monroe County Justice Court and appealed to the Circuit Court for a trial de novo, where both convictions were upheld.
- At his circuit court trial, Howell represented himself (pro se) and challenged the admissibility of the radar evidence and motioned to dismiss based on alleged procedural defects.
- Howell called his father as an expert witness in radar technology to argue possible radar interference from nearby microwave towers, but the trial court declined to qualify him as an expert.
- On appeal, Howell raised 26 arguments, but only those regarding the sufficiency of the evidence and the exclusion of his father’s expert testimony were deemed reviewable and preserved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conviction | Evidence insufficient; radar possibly interfered, no reliable proof | Trooper's testimony, calibrated radar, defendant's admissions sufficient | Sufficient evidence supported both convictions |
| Exclusion of expert witness | Trial court erred by refusing to recognize father as radar expert | Witness lacked specific, relevant expertise; testimony unreliable | No abuse of discretion in excluding expert testimony |
| Procedural/due process issues | Multiple due process violations (raised first on appeal) | Issues not raised at trial; thus, barred from appeal | Not considered; procedurally barred |
| Authority of highway patrol to cite | Patrolman lacked authority for tag offenses | Patrolman has standard authority | Argument meritless; authority recognized by court |
Key Cases Cited
- Harvey v. State, 195 So. 3d 231 (Miss. Ct. App. 2016) (standard for affirming bench trial convictions supported by credible evidence)
- Parish v. State, 176 So. 3d 781 (Miss. 2015) (deference to factual findings in bench trials)
- Chantey Music Pub. Inc. v. Malaco Inc., 915 So. 2d 1052 (Miss. 2005) (standards for reviewing findings in bench trials)
- Little v. State, 233 So. 3d 288 (Miss. 2017) (appellate courts will not reweigh evidence or make witness-credibility determinations)
- Corrothers v. State, 148 So. 3d 278 (Miss. 2014) (abuse of discretion standard in qualifying expert witnesses)