EDDIE DWAYNE HOLLINGSWORTH A/K/A EDDIE HOLLINGSWORTH A/K/A EDDIE DEWAYNE HOLLINGSWORTH A/K/A EDDIE D. HOLLINGSWORTH A/K/A JOHN HOLLINGSWORTH APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 03/09/2017
COUNTY CIRCUIT COURT TRIAL JUDGE: HON. JAMES MCCLURE III
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
ERIN ELIZABETH BRIGGS
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
JEFFREY A. KLINGFUSS
DISTRICT ATTORNEY: JOHN W. CHAMPION
IRVING, P.J., WILSON AND TINDELL, JJ.
In Armstead v. State, 196 So.3d 913, 921 (¶20)
(Miss. 2016), the Mississippi Supreme Court held that
allowing testimony from a forensic-science expert who was
"actively involved in the production of [a drug
analysis] report and had intimate knowledge of the analysis
even though she did not perform the tests first hand"
did not violate the Confrontation Clause. Id.
(quoting Jenkins v. State, 102 So.3d 1063, 1069
(¶17) (Miss. 2012)). The Armstead ruling is in
line with and almost identical to other Mississippi cases:
Hingle v. State, 153 So.3d 659, 665 (¶13)
(Miss. 2014); Grim v. State, 102 So.3d 1073, 1081
(¶22) (Miss. 2012); and Jenkins, 102 So.3d at
1069 (¶17). In each of these cited cases, all of which
involved the sale or possession of a controlled substance, a
forensic report or an expert-forensic opinion regarding the
testing or identification of the substance of concern was
admitted through the testimony of a drug analyst, supervisor,
or technical reviewer who did not personally conduct the
underlying testing but was directly involved in the creation
of the report. In these cases, someone other than the analyst
who conducted the tests was allowed to testify as to the
findings that the substances were controlled substances.
Here, Eddie Dwayne Hollingsworth argues that allowing that
same form of testimony at his trial violated his Sixth
Amendment right to cross-examination. We find
Hollingsworth's appeal wholly meritless and affirm his
convictions and sentences.
A DeSoto County grand jury indicted Hollingsworth on two
counts of selling methamphetamine, one count of possession of
methamphetamine with intent to sell, and one count of selling
a substance falsely represented to be a controlled substance.
See Miss. Code Ann. §§ 41-29-139(a)(1),
41-29-146(1) (Rev. 2013). After a trial on the merits, the
jury found Hollingsworth guilty of all charges. The DeSoto
County Circuit Court sentenced Hollingsworth as a habitual
offender under Mississippi Code Annotated section 99-19-81
(Rev. 2015) to twenty years for each of the
methamphetamine-related charges and five years for selling a
substance he falsely represented to be a controlled
substance. The trial court ordered the sentences to run
At trial, Teresia Hickmon testified for the State. She was a
forensic scientist who specialized in forensic-drug analysis.
She worked for the Mississippi Crime Laboratory for
twenty-eight years. The trial court accepted Hickmon as an
expert witness in forensic-drug analysis without objection or
voir dire from the defense. Hickmon testified she was a
technical reviewer in the Hollingsworth case. She described
the process of reviewing a drug analyst's work. She then
testified that, as the technical reviewer, she followed the
Mississippi Crime Laboratory's policies and procedures in
her review of the crystal tested in Hollingsworth's case.
Hickmon confirmed that the crystal, bagged and identified as
lab number 15-001621, the third marked exhibit for trial
(Exhibit 3),  was tested and found to be 2.588 grams of
methamphetamine. Hickmon testified that she was also the
technical reviewer for the substances bagged in two separate
bags and identified as lab number 15-001622 (Exhibit
She confirmed that she followed the Mississippi Crime
Laboratory's policies and procedures in her review of the
testing of the substances found in the two bags in Exhibit 5.
Hickmon testified that one bag did not contain a controlled
substance and that the other bag contained 0.496 grams of
Thereafter, Gary Fernandez testified for the State. He served
as lab manager of the Batesville Forensic Laboratory. Without
objection or voir dire from the defense, the trial court
accepted Fernandez as an expert witness in forensic testing.
Fernandez testified he was the technical and administrative
reviewer in Hollingsworth's case for lab number 14-023365
(Exhibit 2). Fernandez described the policies and
procedures of the Batesville Forensic Laboratory for testing
of substances and the review of the analyst's testing. He
then testified that, as the technical and administrative
reviewer, he followed those policies and procedures in his
review of the analysis of the substance in Exhibit 2.
Fernandez confirmed that the substance, bagged and identified
as trial Exhibit 2, was tested and found to be 2.1333 grams
The jury found Hollingsworth guilty of two counts of selling
methamphetamine, one count of possession of methamphetamine
with intent to sell, and one count of selling a substance
falsely represented to be a controlled substance.
See Miss. Code Ann. § 41-29-139(a)(1); Miss.
Code Ann. § 41-29-146(1). Trial counsel filed a motion
for new trial and motion for judgment notwithstanding ...