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Wallace v. State

February 23, 1999

WILLIE RAY WALLACE APPELLANT
v.
STATE OF MISSISSIPPI APPELLEES



Before Thomas, P.j., Lee, And Southwick, JJ.

The opinion of the court was delivered by: Thomas, P.j.,

DATE OF JUDGMENT: 10/17/1997

TRIAL JUDGE: HON. CHESTER A. HENLEY

COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: POSSESSION OF COCAINE - GUILTY; 3YRS MDOC

DISPOSITION: AFFIRMED - 02/23/99

¶1. Willie Ray Wallace appeals his conviction of cocaine possession, raising the following issues as error:

I. THE TRIAL COURT JUDGE ERRED IN NOT RECUSING HIMSELF BECAUSE HE SIGNED THE SEARCH WARRANT IN THE CASE.

II. THE VERDICT IS CONTRARY TO THE WEIGHT OF THE EVIDENCE.

III. THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION TO SUPPRESS.

¶2. Finding no error, we affirm.

FACTS

ΒΆ3. On August 2, 1996, Alvaline Baggett, a detective with the Jackson/Hinds Drug Enforcement Unit, obtained a search warrant from Judge Chester A. Henley for the premises at 1718 Gibraltar Drive. Baggett had obtained information from a confidential informant about drug activity at the residence. Upon entering the residence, Baggett and two other detectives discovered Willie Ray Wallace and another subject trying to stuff cocaine down the toilet. After both subjects were secured and ...


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