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06/12/95 MCGLEACHIE v. STATE

June 12, 1995

MCGLEACHIE
v.
STATE



Before Bridges, C.j., Mcmillin, And Thomas, JJ.

The opinion of the court was delivered by: Bridges, C.j., For The Court

DANNY MCGLEACHIE, APPELLANT v. STATE OF MISSISSIPPI, APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

TRIAL JUDGE: HON. GRAY EVANS

COURT FROM WHICH APPEALED: WASHINGTON COUNTY CIRCUIT COURT

BY: JEFFREY A. KLINGFUSS

DISTRICT ATTORNEY: FRANK CARLTON

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: POSSESSION OF COCAINE WITH INTENT TO SELL, TRANSFER OR DISTRIBUTE: SENTENCED TO SERVE A TERM OF 60 YRS IN THE MDOC AS HABITUAL OFFENDER AND SUBSEQUENT OFFENDER; DEFENDANT ORDERED TO PAY A FINE OF $6,000,000 AND ALL COURT COSTS, $192.50

DISPOSITION AFFIRMED - 6/23/98

Danny McGleachie was indicted, tried, and convicted of possession of cocaine with intent to distribute in the Washington County Circuit Court. He was sentenced to serve a term of sixty years in the custody of the Mississippi Department of Corrections as a habitual offender and ordered to pay a fine of $6,000,000 and court costs of $192.50. On appeal, he presents the following issues for consideration:

I. WHETHER THE TRIAL COURT SHOULD HAVE DECLARED A MISTRIAL WHEN SEVERAL POTENTIAL JURORS DURING VOIR DIRE ANNOUNCED STRONG OPINIONS AS TO THE DEFENDANT'S GUILT AND/OR REPUTATION.

II. WHETHER IT WAS ERROR TO ALLOW THE STATE TO USE EVIDENCE OF PRIOR SALES ALLEGEDLY MADE BY THE DEFENDANT WITHOUT A LIMITING INSTRUCTION.

III. WHETHER THE TRIAL COURT ERRED WHEN IT ALLOWED INTRODUCTION OF A MONITORED, UNTAPED CONVERSATION BETWEEN THIRD ...


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