Brodrick Akeem Moody v. State of Mississippi
202 So. 3d 1235
| Miss. | 2016Background
- Moody, an inmate at Leake County Correctional Facility, was indicted for possession of a cell phone while confined in a correctional facility under Miss. Code Ann. § 47-5-193.
- During a facility shakedown on October 2, 2013, Officer Duck observed Moody pick up a cell phone from the floor; the phone was turned over to supervising officers and later placed into evidence.
- At trial the State rested after testimony from officers who located and secured the phone; Moody moved for a directed verdict (denied), did not testify, and presented no witnesses.
- The jury returned a guilty verdict; Moody was sentenced to ten years consecutive to his existing sentence; his motion for a new trial was denied.
- On appeal Moody challenged jury instruction S-4, which stated that a person charged with possessing a cell phone in a correctional facility is presumed to be in constructive possession of a phone that is found unless that presumption is overcome by competent evidence.
- The Mississippi Supreme Court found S-4 improperly shifted the burden of proof and reversed Moody’s conviction, vacated the sentence, and remanded for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether jury instruction S-4 improperly created a presumption that shifted the burden of proof to the defendant on an essential element (possession) | Moody argued S-4 presumed constructive possession and thus violated due process and the presumption of innocence by shifting burden to him | The State defended the instruction as stating a permissible inference of constructive possession (implicit) | Court held S-4 impermissibly shifted the burden to Moody, violated due process, and warranted reversal and remand for a new trial |
Key Cases Cited
- Sandstrom v. Montana, 442 U.S. 510 (1979) (presumptive jury instructions that shift burden on essential element violate due process)
- Francis v. Franklin, 471 U.S. 307 (1985) (general burden and presumption instructions do not cure a presumptive instruction error)
- Tran v. State, 681 So. 2d 514 (Miss. 1996) (jury presumption instruction relieved prosecution of its burden)
- Williams v. State, 111 So. 3d 620 (Miss. 2013) (definition of "presume" and explanation that a presumption shifts burden to defendant)
- Miller v. State, 634 So. 2d 127 (Miss. 1994) (constructive possession defined as dominion or control over the contraband)