195 So. 3d 231
Miss. Ct. App.2016Background
- On Feb. 2, 2013, Brandon police stopped a vehicle for an inoperable taillight; a passenger fled into a nearby residence.
- Travis Harvey exited the residence and loudly engaged officers in the public street, using profanities with bystanders present.
- Officer Perry smelled marijuana on Harvey, observed the conduct, and informed Harvey he was under arrest; Harvey pulled his hand away, walked away, and resisted being handcuffed.
- Harvey was charged with public drunkenness, public profanity, and resisting arrest; municipal court convicted him of public drunkenness and resisting arrest but dismissed profanity.
- County court dismissed public-drunk charge but affirmed resisting-arrest conviction; circuit court affirmed on further appeal.
- Harvey appealed, arguing lack of probable cause for arrest and that the resisting-arrest conviction was inconsistent with dismissal of the other charges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there probable cause / was the arrest lawful? | Harvey: arrest unlawful; no probable cause for misdemeanor. | State: Perry personally observed Harvey committing public profanity/drunkenness in presence of bystanders, giving probable cause. | Court: Arrest lawful; officer observed misdemeanor in his presence. |
| Did Harvey resist a lawful arrest? | Harvey: cannot be convicted of resisting because underlying public-intoxication/profanity charges were dismissed. | State: Even if other charges were dismissed, testimony showed Harvey pulled away, walked off, required being taken to the ground. | Court: Harvey resisted a lawful arrest; conviction stands. |
| Effect of inconsistent or dismissed charges on resisting-arrest conviction | Harvey: inconsistent verdicts require reversal. | State: Inconsistent verdicts alone do not require reversal; resisting-arrest stands if evidence supports it. | Court: Dismissal of other charges is immaterial; inconsistent verdicts insufficient to overturn conviction. |
| Standard of review for bench trial findings | Harvey: (implied) trial findings erroneous. | State: bench findings should be upheld if supported by substantial credible evidence. | Court: Affirmed—findings supported by substantial, credible, reasonable evidence. |
Key Cases Cited
- Parish v. State, 176 So. 3d 781 (Miss. 2015) (bench-trial findings upheld when supported by substantial, credible evidence)
- Sendelweck v. State, 101 So. 3d 734 (Miss. Ct. App. 2012) (bench findings reversed only if manifestly erroneous)
- S.M.K.S. v. Youth Court of Union Cty., 155 So. 3d 747 (Miss. 2015) (officer may arrest for misdemeanor committed in his presence)
- Bird v. State, 122 So. 539 (Miss. 1929) (same principle: warrantless arrest for misdemeanor committed in officer's presence)
- Chambers v. State, 973 So. 2d 266 (Miss. Ct. App. 2007) (inconsistent verdicts between charges do not alone require reversal)