118 So. 3d 605
Miss. Ct. App.2012Background
- Melton was convicted by a jury of possession of a controlled substance with intent to sell or distribute, and sentenced as a habitual offender to 40 years in the MDOC.
- Melton moved for a new trial or JNOV, which the circuit court denied.
- Officer Garcia stopped Melton for a right-turn without a signal; Melton admitted his license was suspended and a frisk revealed a knife and later a pouch with glass pipes.
- An inventory search of Melton’s vehicle uncovered a pouch with white substances; Melton admitted the white substance was methamphetamine.
- At the police department, Melton stated he made seven grams of methamphetamine that day and admitted selling some; later, lab testing confirmed 1.63 grams of methamphetamine.
- Melton challenged the stop as illegal and sought suppression of evidence; the court denied suppression, but later redacted 404(b) evidence and admitted an unredacted police statement over defense objections.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop violated the Fourth Amendment. | Melton: stop unlawful; evidence inadmissible. | Melton: section 63-3-707 justifies stop for signaling violation. | Stop was proper; evidence admissible. |
| Whether the evidence supported a new-trial remedy based on weight of the evidence. | Melton: insufficient quantity for distribution; weight undermines verdict. | State: quantity supports inference of distribution; prior admission aids intent. | Evidence supported the verdict; no new trial required. |
| Whether the evidence was legally sufficient to support a verdict of intent to sell/distribute. | Melton: lack of sufficient evidence of distribution. | State: quantity, packaging materials, and admission show intent. | Sufficient evidence supported intent to distribute. |
| Whether the circuit court should have sua sponte declared a mistrial due to admitted statements. | Melton: unredacted statement violated in limine; mistrial required. | State: defense consented to use of the statement without redaction. | No abuse of discretion; mistrial not required. |
Key Cases Cited
- Dies v. State, 926 So.2d 910 (Miss. 2006) (Fourth Amendment and state constitution apply to unreasonable searches and seizures)
- Moore v. State, 986 So.2d 928 (Miss. 2008) (probable cause and totality of circumstances for investigatory stops)
- Harrison v. State, 800 So.2d 1134 (Miss. 2001) (totality-of-circumstances test for traffic-stop legality)
- Fox v. State, 756 So.2d 753 (Miss. 2000) (no magic quantity governs intent to distribute; higher quantities support inference)
- Palmer v. State, 939 So.2d 792 (Miss. 2006) (prior involvement in drug trade admissible to prove intent to distribute)
- Knight v. State, 72 So.3d 1056 (Miss. 2011) (standard for reviewing verdicts on weight and sufficiency)
- Bush v. State, 895 So.2d 886 (Miss. 2005) (sufficiency and weight considerations in modern conviction reviews)
- Johnson v. State, 999 So.2d 360 (Miss. 2009) (lawful custodial searches and automotives—frisks and inventories)
- Robinson v. State, 418 So.2d 749 (Miss. 1982) (inventory searches limited to areas where property may be found)
- Parks v. State, 930 So.2d 383 (Miss. 2006) (mistrial decisions reviewed for abuse of discretion)
- Tate v. State, 912 So.2d 919 (Miss. 2005) (mistrial standards and prejudice considerations)