Decision – MSCT – 1/18/2018

Garrett Eugene Ray v. State of MississippiLindsey brief – Stone County narcotics officers got a tip about an unknown individual offering to sell crack cocaine.  They met with the informant to arrange a sale.  When the purported seller arrived at the place arranged for, officers parked nearby and called the seller’s cell phone.  They watched Ray in an SUV answer his phone.  When officers approached the SUV, Ray threw a  Newport cigarette pack out the driver’s window.  One of the officers grabbed it.  Inside were cigarettes and  cocaine.  Ray was found guilty of possessing cocaine with intent to
distribute and sentenced as an habitual offender to sixteen years without parole. On appeal, Ray’s appointed counsel filed a Lindsey brief. Ray filed his own brief alleging that  (1) he was denied the right to make a statement to the jury without taking the stand, (2) his arrest was the result of an unlawful search and seizure, (3) he was wrongfully denied the right to confront the confidential informant, and (4) his trial and appellate counsel were constitutionally deficient. Ray never requested to make an opening statement. He was  not under arrest when officers obtained the cigarette pack so there was no unlawful search and seizure. Since the confidential informant was not an eyewitness to the sale, the trial court’s denying the motion to reveal his identity was not error. And Ray never articulated what his trial and appellate counsel did wrong.  The COA affirms.

 

The Court amends  MRAP 22(a) to fix a typo.  MRAP 22(a) governs petitions for post-conviction relief.

 

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

w

Connecting to %s