Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Cannady v. State

Court of Appeals of Mississippi

July 25, 2017

CORNELIUS CANNADY, SR. A/K/A CORNELIUS CANNADY A/K/A CORNELIUS G. CANNADY APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 11/04/2015

         MADISON COUNTY CIRCUIT COURT HON. WILLIAM E. CHAPMAN III Judge

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: W. DANIEL HINCHCLIFF

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ABBIE EASON KOONCE

          DISTRICT ATTORNEY: MICHAEL GUEST

          BEFORE IRVING, P.J., ISHEE, FAIR AND WILSON, JJ.

          ISHEE, J.

         ¶1. In November 2015, Cornelius Cannady was convicted by a jury in the Madison County Circuit Court of false pretense and conspiracy to commit false pretense. Cannady was sentenced as a habitual offender to serve a term of fifteen years in the custody of the Mississippi Department of Corrections (MDOC)-ten years for the false-pretense count, and five years for the conspiracy count, with the sentences to run consecutively to one another. Cannady moved for a judgment notwithstanding the verdict (JNOV) or, in the alternative, a new trial. The circuit court denied the motions. Cannady's appeal was assigned to the Office of the State Public Defender, Indigent Appeals Division (IAD). In his appellate brief, Cannady's attorney asserted that he had conducted a good-faith inquiry into arguable issues for appeal, but ultimately could find none. Having reviewed the record, we also find no meritorious issues and affirm the circuit court's judgment.

         FACTS AND PROCEDURAL HISTORY

         ¶2. After extensive investigation, Cannady was indicted on one count of false pretense, and one count of conspiracy to commit false pretense-as a habitual offender.

         ¶3. At trial, Investigator Jason Rudd, with the Ridgeland Police Department, testified that Cannady was the mastermind behind a check-cashing scheme involving several individuals. Rudd's testimony revealed that fraudulent payroll checks-from nonexistent businesses-were cashed at All American Check Cashing (All American). Rudd explained that Jeremiah Jackson, Charwona Page, and Jason Johnson were involved in this scheme and that Cannady was the ringleader. Cannady would drive the various individuals around in his van and have them cash the fake payroll checks. In return, the individuals would receive approximately $100 for each check they cashed. After Cannady was arrested, Rudd found two cell phones and a bank card belonging to Page's fake business, CP Sales and Services, in his car.

         ¶4. Russell Boyette, an employee of All American, testified that on October 7, 2014, Jackson, Johnson, and Page came into his business-at two different times-and presented three different fraudulent checks to be cashed. The check Page cashed was in the amount of $681.20, and the two checks Jackson and Johnson cashed totaled over $1, 000. Later, All American called to verify the authenticity of the checks, and after being told they were legitimate, cashed them. It was only a few days later that they learned that the checks were actually fraudulent. On cross-examination, Boyette admitted that Cannady himself never came into All American. And Boyette further testified that he was not aware that Cannady ever attempted to cash any checks himself.

         ¶5. Edward Keys testified that Cannady, whom he knew as "Check Man, " approached him about the opportunity to make money by cashing checks and opening bank accounts. Cannady took him to open a checking account for Keys Automotive, and then to the Secretary of State's office to incorporate the business. Keys admitted that he never had a car-lot business-or even an office or phone number. Keys testified that he thought the phone number associated with the business was actually Cannady's. And although they used Keys's address and phone number to open the checking account, Cannady paid the initial deposit of $250, and Keys gave the debit cards and checks associated with the account to Cannady; Keys never used them himself. Keys further testified that once he "figured out it was a scam, " he attempted to close the checking account, but the bank would not allow him to because it was so overdrawn.

         ¶6. Page also testified that she knew Cannady as "Check Man, " and that the scheme was his idea. She testified that when someone would call the phone number for Keys Automotive, it was set up to call Cannady's phone. Page told the jury that Cannady took her to open up "CP Sales and Service, " which was a fictitious business, and provided her with the funds to open the account. And like Keys, Page gave Cannady the debit cards tied to the account. Page testified that on October 7-when she went to cash the fraudulent checks-she went at the direction of Cannady, and they both knew there was no money ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.