224 So. 3d 1278
Miss. Ct. App.2017Background
- On Jan. 13, 2015, Cleveland police responded to a report of a suspicious vehicle; Officer Stanley Perry saw Jeffrey Cantrell walking toward a blue truck and attempted to approach him.
- Perry testified Cantrell tried to flee, then reached into his right pants pocket and threw an item to the ground; Perry called for backup and handcuffed Cantrell after backup arrived.
- Officers searched the area where Perry said Cantrell threw the item and recovered two syringes (one containing a crystalline substance) and, about 20–24 feet away, a screwdriver with fresh paint.
- A narcotics officer field-tested the syringe; it tested positive for methamphetamine and was later lab-tested and confirmed to contain .168 grams of methamphetamine.
- Cantrell was indicted for possession of methamphetamine as a habitual and subsequent offender, was convicted by a jury after the trial court denied a directed verdict, and was sentenced to six years in MDOC without parole; posttrial motions were denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the jury verdict was against the overwhelming weight of the evidence, warranting a new trial | Cantrell: evidence did not establish beyond a reasonable doubt that he possessed the syringe; Perry’s testimony was inconsistent and visibility was poor; no fingerprint or other physical linkage to Cantrell | State: Perry observed Cantrell throw an item, located syringes where Perry said the item landed, and lab testing confirmed methamphetamine in a recovered syringe; single witness testimony can sustain conviction | Court affirmed: jury credibility findings supported by substantial and believable evidence; no abuse of discretion in denying new trial |
Key Cases Cited
- Sanders v. State, 32 So. 3d 1214 (Miss. Ct. App. 2009) (appellate standard for reversing a verdict as against the overwhelming weight of the evidence)
- Whitlock v. State, 47 So. 3d 668 (Miss. 2010) (jury is sole judge of witness credibility; single-witness testimony can sustain conviction)
- Derouen v. State, 994 So. 2d 748 (Miss. 2008) (motion for new trial challenges weight of evidence and is reviewed for abuse of discretion)