Moore v. State, 64 So. 3d 542

April 16, 2008, Clarksdale police stop based on CI tip of marijuana and hydrocodone in Moore's vehicle and pants.
CI claimed Moore would deliver a large pizza to a school; officers followed Moore after a traffic stop.
Two baggies with marijuana and eleven hydrocodone tablets were found; no other illegal substances were located.
Moore became a confidential informant after the stop but provided limited assistance; he was released without arrest.
Grand jury later indicted Moore on possession of hydrocodone and marijuana; indictment amended to include habitual-offender status.
Jury convicted Moore of hydrocodone possession and sentenced him to 16 years as a habitual offender; marijuana possession acquitted.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jury instruction on Moore's theory of the case	Moore sought a theory-of-the-case instruction.	Instruction improper; it comments on evidence and states a fact.	Denied; instruction deemed improper and unsupported by theory.
Admission of prior-conviction remark by Officer Wide	Request for mistrial due to prejudicial remark should be granted.	Admonition to disregard plus lack of prosecutorial misconduct.	No abuse of discretion; no mistrial required.
Cumulative-error claim	Errors cumulatively prejudice Moore.	No reversible error individually; no cumulative error.	No cumulative error; conviction affirmed.

Manuel v. State, 667 So.2d 590 (Miss. 1995) (defense instruction must not be a comment on weight of evidence; proper form required)
Williams v. State, 803 So.2d 1159 (Miss. 2001) (instructions read as whole; fair presentation of law and case)
Austin v. State, 784 So.2d 186 (Miss. 2001) (standard for evaluating jury instructions)
Keys v. State, 635 So.2d 845 (Miss. 1994) (instruction should not single out parts of evidence as sole defense)
Hughes v. State, 892 So.2d 203 (Miss. 2004) (no cumulative error where no reversible error shown)