Cert. grant – criminal – hearsay, plain error

Johnson v. State. Ct of Appeals opinion.  Miss. S. Ct. granted cert. on Sept. 26, 2013.  The Miss. Ct. of Appeals held that it was error for the court to allow the introduction of the affidavit supporting the search warrant as it contained harmful hearsay such as the premises had been used as a meth. house.  However, inasmuch as there was no hearsay objection and in light of the overwhelming weight of the evidence, court would not reverse.  At oral argument on November 18, 2013, the Miss. S. Ct. was concerned with whether the case should be reversed under the doctrine of plain error or ineffective assistance given the prejudicial information contained in the affidavit.

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