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White v. State

March 25, 1999

ELWOOD WHITE
v.
STATE OF MISSISSIPPI



The opinion of the court was delivered by: Pittman, Presiding Justice

ON PETITION FOR WRIT OF CERTIORARI

DATE OF JUDGMENT: 11/06/95

TRIAL JUDGE: HON. LAMAR PICKARD

COURT FROM WHICH APPEALED: COPIAH COUNTY CIRCUIT COURT

DISTRICT ATTORNEY: ALEXANDER C. MARTIN

NATURE OF THE CASE: CRIMINAL - FELONY

DISPOSITION: REVERSED AND RENDERED -3/25/1999

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

EN BANC.

STATEMENT OF THE CASE

¶1. Elwood White was arrested for possession of cocaine discovered in his vehicle following the arrest of his passenger/brother for an alcohol violation. He was convicted for possession of cocaine with intent to distribute. On appeal, he asserted that the search was unlawful and the trial improperly denied his motion to suppress. He also challenged the weight and sufficiency of the evidence of "constructive possession".

¶2. The Court of Appeals found that the search was improper and unlawful, but then determined that the search was subject to the exception to the exclusionary rule known as the "inevitable discovery" doctrine established in Nix v. Williams, 467 U.S. 431 (1984) and ultimately ...


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