Long v. State
2011 Miss. LEXIS 41
| Miss. | 2011Background
- Long was indicted for selling Valium within 1,000 feet of a public park; trial was one day with a videotaped sale to an undercover officer.
- Police surveillance and lab analysis confirmed the pills were diazepam (Valium), a Schedule IV controlled substance.
- The sale occurred near a park; the park proximity was established by officer testimony and the location of the trailer park adjacent to the park.
- At trial, the defense moved for a directed verdict; the court denied, and the jury convicted Long.
- Long was sentenced as a Mississippi habitual offender under § 99-19-83 to life imprisonment without parole based on three prior felonies in Colorado, two sexual offenses and one aggravated incest.
- Long appealed, raising five issues related to weight of the evidence, closing arguments, evidentiary sufficiency for the 1,000-foot element, prior-conviction proof, and sentence proportionality.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Weight of the evidence supporting the verdict | Long argues the verdict conflicts with the weight of the evidence | State argues evidence supports conviction including video and lab proof | Verdict not against weight of evidence |
| Prosecutor's closing argument | Long asserts the closing was an improper 'send-a-message' appeal | State contends remarks were not inflammatory and reflected jury duty | Assignment meritless; not reversible error |
| Competent proof of sale within 1,000 feet | Rodgers lacked personal knowledge of proximity; MR.E. 602 problem | Evidence, including video and park description, sufficed | Sufficient evidence showed sale within 1,000 feet; rational jurors could convict |
| Prior-conviction proof at sentencing | Colorado convictions, including claimed non-violent acts, were mischaracterized | State presented proper certified commitment papers showing two felonies with violence | No abuse of discretion; sufficient evidence to sustain habitual-offender designation |
| Proportionality of the sentence | Life-without-parole for drug sale within 1,000 feet is grossly disproportionate | Habitual-offender life sentence upheld under Mississippi law and case law | Not unconstitutionally disproportionate; habitual-offender statute applied properly |
Key Cases Cited
- Brown v. State, 986 So.2d 270 (Miss. 2008) (send-a-message analysis and standard for improper closing arguments)
- Spicer v. State, 921 So.2d 292 (Miss. 2006) (two-prong test for inflammatory closing remarks; threshold objections)
- Williams v. State, 522 So.2d 201 (Miss. 1988) (juror instructions and State not to be prosecutor’s messenger)
- Payton v. State, 785 So.2d 267 (Miss. 1999) (illustrative improper closing remarks; context in closing)
- Evans v. State, 725 So.2d 613 (Miss. 1997) (example of improper or inflammatory argument)
- Chase v. State, 699 So.2d 521 (Miss. 1997) (closing argument considerations)
- Wilcher v. State, 697 So.2d 1123 (Miss. 1997) (propriety of closing remarks)
- Hunter v. State, 684 So.2d 625 (Miss. 1996) (proportionality and weight of evidence standards)
- Hoops v. State, 681 So.2d 521 (Miss. 1996) (discretion in sentencing; habitual-offender context)
- Bush v. State, 895 So.2d 836 (Miss. 2005) (standard for reviewing weight of evidence issues)
- Jackson v. State, 483 So.2d 1353 (Miss. 1986) (standard for sufficiency and review of evidence)
- Baker v. State, 394 So.2d 1376 (Miss. 1981) (historical habitual-offender analysis)
- Boyd v. State, 977 So.2d 329 (Miss. 2008) (standard for reversing verdict on weight of evidence)