McCamey v. State

923 So. 2d 223, 2005 Miss. App. LEXIS 548, 2005 WL 1950321
CourtCourt of Appeals of Mississippi
DecidedAugust 16, 2005
DocketNo. 2004-KA-00076-COA
StatusPublished
Cited by2 cases

This text of 923 So. 2d 223 (McCamey v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCamey v. State, 923 So. 2d 223, 2005 Miss. App. LEXIS 548, 2005 WL 1950321 (Mich. Ct. App. 2005).

Opinion

MYERS, J.,

for the Court.

¶ 1. On July 6, 2002, at approximately 4:00 in the morning, Billy McCamey and Charles Hodnett were arrested in the Wal-Mart parking lot, located in Columbus, Mississippi. McCamey and Hodnett were arrested for purchasing and having possession of more than two precursor chemicals used in the manufacture of methamphetamine, in violation of Mississippi Code Annotated § 41-29-313 (Rev. 2001). The precursor chemicals in their possession included ether, ephedrine, and lithium. On December 8-9, 2003, McCam-ey was tried in the Circuit Court of Lowndes County, Mississippi and was found guilty. As a result, McCamey was sentenced to thirty-three years imprisonment and fined $10,000. McCamey subsequently filed a motion for judgment notwithstanding the verdict or, alternatively, a new trial, which was denied. Upon denial of his motion, McCamey appeals, arguing five issues, which may be consolidated into the following two issues:

I. WHETHER MCCAMEY WAS DENIED A FUNDAMENTALLY FAIR TRIAL BY REMARKS OF THE PROSECUTOR.

II. WHETHER MCCAMEY WAS DENIED HIS RIGHT TO AN IMPARTIAL JURY.

¶ 2. Finding no error, we affirm.

[225]*225STATEMENT OF FACTS

¶ 3. At approximately 4:00 a.m. on July 6, 2002, in Columbus, Mississippi, McCam-ey and Hodnett entered a Wal-Mart store to purchase several items. The items purchased by the two included two packages of lithium batteries, two cans of starter fluid, one package of coffee filters, five packages of Sudafed, and a seven inch pair of wire cutters. The first purchase, at 4:03 a.m., included two packages of lithium batteries, two cans of starter fluid, and two boxes of Sudafed. At 4:07 a.m., a second purchase was made, which included a package of coffee filters, and two additional boxes of Sudafed. At 4:12 a.m., a third and final purchase was made, which included a seven inch pair of wire cutters, and one additional box of Sudafed. Alarmed by the strange nature of these purchases, a cashier for Wal-Mart notified the authorities, who promptly apprehended McCamey and Hodnett in the Wal-Mart parking lot.

¶ 4. Upon apprehending the pair, the Columbus Police Department discovered in McCamey and Hodnett’s possession, inside of Hodnett’s car, approximately fourteen boxes of ephedrine-based sinus medication, three cans of ether-based starter fluid, two packages of lithium-based batteries, one package of coffee filters, one pair of seven inch wire cutters, and two hypodermic needles. As a result, the two were arrested and later indicted for having violated Mississippi Code Annotated § 41-29-313.

¶ 5. Although modeled as five arguments, there are essentially only two arguments raised on appeal. McCamey first argues that he was denied a fundamentally fair trial due to the prosecutor’s statements during closing arguments and the circumstances regarding an intelligence report authored by one of the investigating officers. McCamey’s second argument, though argued as four issues, essentially states that he was denied his right to an impartial jury, as guaranteed by the Sixth Amendment of the United States Constitution.

LEGAL ANALYSIS

I. WHETHER MCCAMEY WAS DENIED A FUNDAMENTALLY FAIR TRIAL BY REMARKS OF THE PROSECUTOR.

STANDARD OF REVIEW

The standard of review that appellate courts must apply to lawyer misconduct during opening statements or closing arguments is whether the natural and probable effect of the improper argument is to create unjust prejudice against the accused so as to result in a decision influenced by the prejudice so created.

Sheppard v. State, 777 So.2d 659, 661 (¶ 7) (Miss.2000) (citing Ormond v. State, 599 So.2d 951, 961 (Miss.1992)).

DISCUSSION

¶ 6. McCamey argues that he was denied a fundamentally fair trial due to the remarks of the prosecutor in which the prosecutor referred to some statements made by McCamey. In order to fully understand MeCamey’s argument, a brief discussion of the statements attributed to McCamey is warranted.

¶ 7. After McCamey’s arrest, he was questioned by members of the Mississippi Bureau of Narcotics, Clay County Sheriffs Department, and Lowndes County Sheriffs Department. During the interview, McCamey, because he was a resident of Clay County, was questioned about the drug trade in Clay County. The officers testified that McCamey made statements to them in which he stated that he “was the man when it came to cooking methamphetamine,” that “without him, couldn’t no[226]*226body else cook meth in the Clay County area,” and “that he had a tank containing approximately twenty five gallons of anhydrous ammonia hid.” Each of the officers testified that McCamey informed them that he was willing to participate and help out if possible, but that he would not sign a waiver of his rights, nor would he reduce anything to writing. As such, McCamey’s statements were not documented. Rather, Officer Hawkins of the Mississippi Bureau of Narcotics documented McCamey’s alleged statement in an intelligence report, as follows:

McCamey said that he does it all and with out [sic] him no one in West Point Mississippi can make Methamphetamine. He gets all the pills, gas and other supplies and even cooks Methamphetamine for himself and others. McCamey said that he steels [sic] the Anhydrous Ammonia from cotton fields and cornfields in Clarksdale and Greenwood. McCamey advised that he had in his possession 25 gallons of Anhydrous Ammonia now. McCamey advised that he had paid $1200.00 for the gas and could sell it and make 10 times what he paid.

¶ 8. Due to the nature of McCamey’s statements, McCamey’s attorney filed a motion to suppress the presentation of the statements. McCamey argued in his motion that he had not voluntarily, intelligently and knowingly waived his Miranda rights. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). At the suppression hearing, the three attending officers testified unequivocally that McCamey was read his Miranda rights, but that a waiver form was not completed, due to McCamey’s unwillingness to complete such a form. McCamey testified otherwise, stating that he had not made the alleged statements nor had he been read his Miranda rights.

¶ 9. The trial judge found that McCamey was advised of his rights, and therefore, any statements he made, oral or otherwise, were admissible. The trial judge then addressed the issue of admissibility of the intelligence report into evidence, finding that while the State could not introduce it as part of its case-in-chief, it could introduce the report as rebuttal evidence.

¶ 10. At issue is whether or not the prosecutor acted improperly regarding the attempted introduction and discussion of Officer Hawkins’s intelligence report. During the State’s case-in-chief, Officer Hawkins was under direct examination. During questioning, Officer Hawkins was permitted to testify about the statements McCamey made during the meeting. As such, the prosecutor then attempted to introduce his intelligence report as a business record, to which McCamey’s attorney objected on the grounds that the court had previously ruled the document as inadmissible. McCamey’s objection was sustained and the intelligence report was not allowed introduced into evidence.

¶ 11.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McCamey v. Epps
658 F.3d 491 (Fifth Circuit, 2011)
McCamey v. Epps
696 F. Supp. 2d 667 (N.D. Mississippi, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
923 So. 2d 223, 2005 Miss. App. LEXIS 548, 2005 WL 1950321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccamey-v-state-missctapp-2005.