Jackson v. State, 2011 Miss. App. LEXIS 296

Cowart, stopped for a traffic violation, admitted purchasing marijuana from a man described as Turk with a ponytail near Jackson's home at 304 East Georgia Avenue.
Officers corroborated Cowart's description by observing a white-tee-wearing, ponytailed man in the yard near Jackson's home.
A search warrant was issued and executed; marijuana, a pistol, scales, and bags were found; Jackson and Wells were arrested.
Jackson and Wells moved to suppress the evidence, alleging insufficient underlying facts supporting probable cause.
The circuit court denied the motion to suppress, finding a substantial basis for probable cause; Jackson and Wells were tried and convicted on multiple counts, with concurrent sentences.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the search warrant supported by sufficient underlying facts?	Cowart's reliability and Turk identity were questionable.	Cowart's statements were corroborated by marijuana possession and independent observations.	Yes; probable cause existed; the warrant was not abusively issued.
Did Jackson receive ineffective assistance of counsel?	Counsel failed to object or move on several prejudicial matters.	Counsel's decisions were trial strategy within wide professional discretion.	No reversible error; no duty to declare mistrial; appealable post-conviction relief available.
Was there sufficient evidence to convict Jackson of conspiracy?	No proof of a common plan; reliance on circumstantial connections.	Circumstantial evidence (cohabitation, location of sale, quantities, scales) shows conspiracy.	Yes; sufficient circumstantial evidence supports conspiracy conviction.

Bailey v. State, 981 So. 2d 972 (Miss. Ct. App. 2007) (probable cause requires facts within officer's knowledge to justify belief a crime occurred)
Culp v. State, 933 So. 2d 264 (Miss. 2005) (reviewing appellate standard for probable cause—substantial credible evidence)
Ross v. State, 954 So. 2d 968 (Miss. 2007) (discretion in admitting evidence; abuse of discretion requires prejudice)
Colenburg v. State, 735 So. 2d 1099 (Miss. Ct. App. 1999) (direct appeal on ineffective assistance limits review to record absent post-conviction)
Hancock v. State, 964 So. 2d 1167 (Miss. Ct. App. 2007) (strong presumption of reasonable professional assistance; trial strategy matters)
Carr v. State, 873 So. 2d 991 (Miss. 2004) (trial strategy decisions insulated from ineffective assistance claims)
Cole v. State, 666 So. 2d 767 (Miss. 1995) (trial strategy as a guardrail against ineffective assistance claims)
Parham v. State, 229 So. 2d 582 (Miss. 1969) (duty to correct inadequate representation to prevent a mockery of justice)
Bush v. State, 895 So. 2d 836 (Miss. 2005) (direct-appeal review of evidence sufficiency and reasonable juror standard)
Neal v. State, 806 So. 2d 1151 (Miss. Ct. App. 2002) (circumstantial evidence may establish conspiracy)
Vickers v. State, 994 So. 2d 200 (Miss. Ct. App. 2008) (conspiracy elements may be proven by circumstantial evidence)
McQuarter v. State, 574 So. 2d 685 (Miss. 1990) (presumption of effective assistance; trial strategy considerations)