Oral arg. – Miss.Ct. of App. – Tues., Dec. 2

Tuesday, December 2, 2014 at 10:30 a.m. the Court of Appeals will hear

Chesney v. State

Law enforcement got a warrant to seize Stanley Chesney’s computer after a woman complained that Chesney had taken a picture off of her Facebook page and created a fake Facebook page and used it to slander her.  Somehow, the  page was traced to Chesney.  When Chesney’s computer was seized at a local computer repair store, it was alleged to have five images of child porn on it.  Chesney was indicted on five counts of child porn and sentenced to 30 years.  On appeal he argues several issues including  that the jury instructions failed to require the jury to find venue.  He also argues that he court should have suppressed the computer evidence.  The underlying facts and circumstances affidavit stated as follows:

On 8-23-11 Mrs. Stweart came to the PD to file a complaint on identity theft. Mrs. Stewart stated that someone had stole a picture off her facebook page and created another facebook page on her. This person has since been defrauded, slander, used her identity in such a way which became harmful to the job in which Mrs. Stewart held. I sent facebook a subpoena and recieved back information on a Amanda Warren. I have since received information from John Paul Dove from Meridian, MS. stating that it was in fact a Stan Chesney who was using the name of Sherri Stewart. Mr. Dove stated that it started back in 2010 with different users and then Sherri Stewart’s name with the same messages and pattern as before.

There was nothing in the affidavit that would substantiate the credibility of Dove and at the hearing on the motion to suppress, the officer  testified  that he had never previously obtained information from Dove in other criminal cases, and he testified: “I don’t even know this gentleman.”

Chesney’s brief. 

State’s brief

Chesney’s reply

State’s supp. brief

Chesney’s supp. brief

Watch it here.

This was en banc and looked like a lively argument.  I couldn’t hear a word.

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