Legal Opinion · Dissent

Haynes v. State

Mississippi Supreme Court

Decided May 31, 2018No. 2016–KA–01747–SCTPublished

1Dissent

WALLER, CHIEF JUSTICE, DISSENTING:

¶ 17. Because I find that the evidence is legally insufficient to support Darius Haynes's conviction for constructive possession of the cocaine, I respectfully dissent.

¶ 18. Investigator Wendell Fountain found Haynes sitting in the passenger seat of Xavier Brown's car. Located between the driver and passenger seats was a plastic bag containing 0.34 grams of cocaine. "Where the premises upon which contraband is found is not in the exclusive possession of the accused, the accused is entitled to acquittal, absent some competent *1247evidence connecting him with the…

2Cases cited11 opinions

  1. Curry v. StateMississippi Supreme Court · 1971
  2. Powell v. StateMississippi Supreme Court · 1978
  3. Downs v. StateMississippi Supreme Court · 2007
  4. Cunningham v. StateMississippi Supreme Court · 1991
  5. Taggart v. StateMississippi Supreme Court · 2007

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