Legal Opinion

Brooks v. Kelly

Court of Appeals for the Fifth Circuit

Decided August 17, 2009No. 08-60354PublishedCited by 1 opinion

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

The state of Mississippi appeals a grant of habeas relief to Donna Brooks. We reverse.

I

A

Brooks was convicted of selling oxycodone and hydromorphone within 1,500 feet of a church and is serving her sentence. The evidence was strong. The state produced an audio recording of the drug buy, supplemented with eyewitness testimony from police and a confidential informant. The state identified money retrieved from Brooks right after the drug buy as cash that police had lent the informant to purchase the drugs. A crime-lab analyst confirmed the chemical composition of the…

2Cases cited15 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Solem v. HelmSupreme Court of the United States · 1983
  3. Ballenger v. StateMississippi Supreme Court · 1995
  4. Brown v. StateMississippi Supreme Court · 2004
  5. Smith v. StateMississippi Supreme Court · 1995

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3Cited by1 opinion

  1. John v. OutlawDistrict Court, N.D. Mississippi · 2020

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