48 So. 3d 512
Miss.2010Background
- Hogan was convicted by a Bolivar County jury of the sale of cocaine after a one-day trial.
- The state conducted a controlled buy using a confidential informant (Cox) and video/audio equipment.
- Cox purchased crack cocaine from Hogan for $100 and Cocaine was later tested as 1.2 grams cocaine by the lab.
- Police seized and processed the evidence; Cox and Hogan were identified and Hogan was the seller on trial.
- Hogan moved for a directed verdict at trial; conviction and sentence were entered (12 years with 6 suspended).
- On appeal Hogan argues the verdict is against the overwhelming weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the verdict was against the overwhelming weight of the evidence | Hogan argues weight of the evidence requires reversal | State argues evidence supports the verdict | Not against the weight of the evidence; affirmed |
Key Cases Cited
- Boyd v. State, 977 So.2d 329 (Miss.*5152008) (standard for reviewing weight of the evidence)
- McClain v. State, 625 So.2d 774 (Miss.1993) (weight of evidence standard; credibility of witnesses)
- Taggart v. State, 957 So.2d 981 (Miss.2007) (analysis of weight of the evidence)
- Fox v. State, 724 So.2d 968 (Miss.Ct.App.1998) (reversal only when reasonable jurors could find acquittal)