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.

Carver v. State

Supreme Court of Mississippi, En Banc

October 12, 2017

MARVIN REROCKUS DEMOND CARVER a/k/a MARVIN REROCUKUS DEMOND CARVER a/k/a MARVIN CARVER a/k/a MARVIN REROCKUS CARVER a/k/a MARVIN R. CARVER a/k/a "FOOT"
v.
STATE OF MISSISSIPPI

          DATE OF JUDGMENT: 06/18/2013

         ON WRIT OF CERTIORARI

         MADISON COUNTY CIRCUIT COURT, HON. WILLIAM E. CHAPMAN, III JUDGE.

          ATTORNEYS FOR APPELLANT: OFFICE OF THE STATE PUBLIC DEFENDER BY: HUNTER NOLAN AIKENS GEORGE T. HOLMES.

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BARBARA WAKELAND BYRD.

          DISTRICT ATTORNEY: MICHAEL GUEST.

          KING, JUSTICE.

         ¶1. Marvin Rerockus Demond Carver was the passenger in a vehicle not owned by him in which marijuana was found in the rear of the trunk. Although Nicholas Ingram, Carver's half-brother who had been driving the vehicle, took full ownership of the contraband, Carver was convicted of possession of marijuana. Because the State presented insufficient evidence to support Carver's conviction, we reverse and render judgment.

         FACTS AND PROCEDURAL HISTORY

         ¶2. In November 2011, Nicholas Ingram, Carver's half-brother, planned to drive from Grenada to the coast to surprise his mother for Thanksgiving. Ingram's and Carver's grandmother had rented a car for Ingram to take on the trip. She then asked Carver to accompany Ingram so he would not be alone. The trip was described as last-minute, and Carver stated that he had decided to go the same day that Ingram had planned to leave. In a rush, Ingram picked up Carver on his way to the coast.

         ¶3. Wade Zimmerman, a state trooper for the Mississippi Highway Patrol, pulled Ingram over for speeding in Madison County. Trooper Zimmerman testified that he first went to the passenger side of the vehicle, where Carver was sitting, to obtain identification. Trooper Zimmerman returned to his car and then proceeded to the driver's side of the vehicle. At that time, Trooper Zimmerman testified that he noticed a strong odor of marijuana emanating from the vehicle. He noted that Ingram's eyes were bloodshot. Trooper Zimmerman asked Ingram to step out of the vehicle for questioning. Ingram first denied smoking marijuana but later admitted he had been smoking after Trooper Zimmerman performed a field sobriety test. Trooper Zimmerman testified that Ingram then consented to a search of the vehicle.

         ¶4. Under the driver's seat, Trooper Zimmerman found a small hand gun. In the center console was a small bag containing less than a gram of marijuana. Trooper Zimmerman found two larger bags of marijuana in the right rear side of the trunk of the car, underneath the flap where the spare tire is stored. One bag was wrapped in bubble wrap inside a manila envelope. The second bag was bubble-wrapped and in a white plastic bag. A digital scale also was in the trunk of the vehicle. Subsequently, Ingram and Carver were taken into custody. Ingram had in his possession more than eight hundred dollars in cash.

         ¶5. Both Ingram and Carver waived their Miranda rights.[1] Agent Candace Beth Edwards with the Mississippi Bureau of Narcotics first interviewed Ingram. At that time, Ingram admitted purchasing the marijuana from a bar in Grenada and claimed sole ownership of it. Ingram stated that he had paid $300 for the marijuana. He also stated that he had purchased the gun for protection around three months prior after a family member had been killed. Ingram testified that he had purchased the marijuana to smoke with a couple of people for the holiday and that he had been smoking marijuana prior to getting in the car that day. Ingram said that Carver had not known about the marijuana in the car. Agent Edwards testified that Ingram had taken full responsibility for everything illegal that was found in the vehicle.

         ¶6. Agent Edwards then interviewed Carver. She testified that Carver had stated that he had known about the marijuana in the vehicle and that he had agreed to smoke marijuana with Ingram for the holiday. Carver did not state that he had known specifically about the marijuana in the trunk. Agent Edwards testified that she had assumed that he knew about all of the ...


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.